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Being a legal heir do I have share in father's ancestral property
30-Jan-2023 (In Property Law)
my father has 4 younger brothers. Three brothers are bachelor, intestate and deceased. Now only one bachelor brother alive. The above said peoples have 11 cent piece of land with individual document. The land is ancestor property. Now my father's brother and myself want to sale the land. my doubt is As per the Hindu Succession Act 1956 class ii as myself also one of the legal heir? Do I can ask the equal share in deceased person’s property?
You cannot get a chance to succeed when his own brother is alive.
From the list given below, as a brother's son, you will be fourth in the list
CLASS- II
I Father.
II (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.
III (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s daughter’s son, (4) daughter’s daughter’s daughter.
IV (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
V Father’s father; father’s mother.
VI Father’s widow; brother’s widow.
VII Father’s brother; father’s sister.
VIII Mother’s father; mother’s mother.
IX Mother’s brother; mother’s sister.
Explanation. - In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood.
Hope you understand your position as per provisions of law?
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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