quesIf wife and husband die. Who is the legal heir?No relative of husband.

When a female Hindu who is issueless and has inherited properties of her late husband dies then who all are the legal heirs of the deceased? There are no relatives from the husband's side. Can brothers and sisters of late female inherit the properties?

  • ansThe inheritance shall be governed by Section 15(2) (b) of Hindu Succession Act 1956 wherein in the absence of any son or daughter the property shall devolve upon the heirs of the husband. If there are no heirs of the husband in Class I, then the property will go to Class II heirs. In case of no Class II heirs of the husband, the property will devolve upon Agnates, and if no Agnates then upon the Cognates.

     

    Coming to your specific question, the property gets inherited to the heirs of the husband by default and there are rarely any cases wherein the whole lineage at the husband's side gets exhausted. 

     

    In such cases, wherein there is no lineage of the husband at all, the property gets devolved to the heirs of the wife in the same sequence as mentioned above, i.e. Class I heirs > Class II heirs > Agnates > Cognates.

     

    We would need more information to provide you an exact answer and ascertain the property inheritance.

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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