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legal heir of brother who died without making a will
30-Aug-2023 (In Family Law)
hello sir, my elder brother passed 2 yrs back. since it was natural and sudden death therefore he could not make his will or assign his legal heir. my brother divorced his wife in 2009. he was maintaining demat account and had certain policies. pl help me solving this issue as legally he don't have any dependend other than our younger brother. pl sir help me. 1 what r the documents to be needed for claiming the money. ? 2 who can be the legal nominee? 3 procedure for solving the issue. I WILL BE GRATEFULL TO U .
I am assuming that you are Hindus. I understand that your brother died without having any children and also divorced his wife. Are you survived by your mother? In that case, the property would go to her. Otherwise it will devolve upon his class II heirs.
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Adv. Rishabh Kapur
Delhi | 25+ Answers
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you need to apply for the succession certificate for the movables property left behind by your deceased brother. make sure you give details of all, while applying for the succession certificate from the court.
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Adv. Yashpreet Singh Saini
Delhi | 25+ Answers
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Sir, if you are a hindu, Hindu Succession Act, 1956 shall apply for you. As per the act if a person dies without making any will his property shall devolved upon his Class -I legal heir which means son, daughter, mother, wife... in equal proportion and if none of the class- I legal heir is alive then the property shall devolve upon firstly upon Father, if father is not alive then brother shall be entitled.
So, in your case, if none of the child of your deceased brother is alive then your father shall be entitled to his property and even if your father is not alive then you all remaining brothers shall be equally entitled.
Further, since Demat account and polices are moveable properties so one of the person i.e. you or your brother will have to file a Succession petition under Indian Succession Act in the Civil Court. For that you would need death certificate of your brother, his Identity Card, some proof of your relation, Demand account and policy details etc.
So, in your case, if none of the child of your deceased brother is alive then your father shall be entitled to his property and even if your father is not alive then you all remaining brothers shall be equally entitled.
Further, since Demat account and polices are moveable properties so one of the person i.e. you or your brother will have to file a Succession petition under Indian Succession Act in the Civil Court. For that you would need death certificate of your brother, his Identity Card, some proof of your relation, Demand account and policy details etc.
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Adv. Pankaj Kumar
Delhi | 100+ Answers
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You go to those agencies and claim money. Most probably those agencies will ask u legal heir certificate. For this you have to file a succession suit in civil court of your area & you will legal heir certificate. For More details u may call me in case of need
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Adv. Avdesh Chaudhary
Noida | 200+ Answers
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