Advocate S. R. Iyalpari

Questions Answered by Advocate S. R. Iyalpari

Q: Father's brother property goes for whom?

My father was died and my father's brother was didn't getting married.they totally 3 child (2 men,1women) in there family.myself and sister is child for my father. I need to know who is more priority(me, father's sister)in my uncle(father's brother)proprety.still we aren't divided our property

Advocate S. R. Iyalpari answered
Your aunt who is the father's sister will be sole legal heir of the property. The law is that when a Hindu male dies as a bachelor, his mother is naturally the first choice. In the absence of mother, the father and in absence of father, then the property goes to sibling who is alive, which means sister/brother who was alive when your uncle died. Whether you have a right or not depends on whether your father was alive when your uncle died.

Q: latest amended succession law relating to hindu family

Please clarify according to the latest hindu succession actThere is no will in this caseMy mother"s sister passed away in 2012. Her husband passed away on 2017.They have a self acquired property in chennai which is in husband name.They have no class 1 heirs.The husband has 1 brother and 2 nieceThe wife has 2 sisters (one of them is my mother)Now whether the property has equal rights among all or only the husband side ? If husband's brother dies, who can be the next

Advocate S. R. Iyalpari answered
When a Hindu male dies intestate his property will devolve on this parents, wife and children or children's children. If none of them are available then it will go to his siblings who are termed as class 2 heirs. Since your mother's sister passed away before her husband your mother cannot make any claim. It will go to the brother and after the brother to his children. The 2 nieces you mentioned, if they are children of a deceased sibling then they will not get any share.

Q: Qurey on Lease depoist refuniding on earlier withdrawal by tenant

My tenant has signed the Lease document that says they need to stay with us for 2.5yrs after which with a prior notice of 3 months they can vacate with a full refund of the Lease deposit, but now with a span of 9 months, they are asking funds back what has to done here.What can I claim as my demurrage to make good my loss.

Advocate S. R. Iyalpari answered
It 2.5 years is mentioned as lock in period, then the tenant has to either stay for the said period or make good the loss for the period remaining in the 2.5 year period. But all of this depends on the clause in the written lease deed mandating a minimum period of 2.5 years stay in the premises. But any dispute in this regard will also lead to prolonged litigation. So you can adjust the demurrage with the advance held by you and allow him to vacate.

Q: Liability as a Tenant in Chennai

I rented a flat in Chennai in Feb 23 and lived in it with family. My 16 year old daughter died due to hanging in the flat in July 23 post which I vacated the flat and forfeited the entire deposit of 1.2 lakhs. Now landlord is demanding 1 year rent as he is not getting tenants. What I should do.

Advocate S. R. Iyalpari answered
You are not bound to pay any such amount unless there is such a clause in the lease deed between yourself and landlord. I highly doubt such a clause in lease deed for residential premises. So you are not bound to pay any such amount.

Q: legal heir clarification among family members

My mother's sister deceased on 2012. Her husband deceased on 2019. They have no children. They have a property in Chennai. The husband has 1 brother and 1 sister. The wife has 2 sisters. This property was jointly purchased by both wife and husband in 1990. After the death of wife, the husband became the legal heir. Now whether all family members including wife side can file legal heir or only husband side?

Advocate S. R. Iyalpari answered
After the demise of wife, husband becomes the legal heir. So the husband becomes the owner of the entire property. Subsequent to the demise of the husband, his brother and sister became the legal heirs. They are entitled to the entire property.