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Intestate succession


03-Jan-2023 (In Family Law)
Suppose a person A died without will and have no successor in class 1. this person A have 2 brothers and two sisters. Both brothers died after person A death and never claimed over succession of person A property. So now who have claim over person A property if all files for succession certificate? is it sisters only or dead brother's sons and daughters or all have equal share in property
Answers (5)

Answer #1
954 votes
All can claim perso A's property (sisters and brother's son).


They can claim equal share of property after death of successors.


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Answer #2
800 votes
There being no class 1 heirs, the brother who is a class two heir as per hindu law suceeds to A 's property. Since the brother is dead, his legal heirs can sue and seek all his movable and immovable properties. Plz feel free to call for detailed advise and discussion.
Answer #3
783 votes
All the persons mentioned above fall in class 2 category. The property will be divided between them as per general rule mentioned in section 8 of the succession act 1956. All the claimants will get equal share in the property. But real picture will be cleared after listening the full facts of the case and in depth study of the case.
Answer #4
728 votes
The rule as per Hindu Succession Act says that Class -I heirs ,then Class -II heirs ,then Agnates and then cognates .Therefore sisters have their right inference after brothers death and thereafter the children so they can claim for their respective shares and apply for succession.For further details please contact thanks.
Answer #5
820 votes
The law of succession applies as per the Indian succession act and according to that the property ha e already devolved upon its class 1 heirs and if they does without seeking succession certificate then the legal heirs of the heirs of the person can claim the same stating that the property had already devolved upon the heir of A and since the heir is now no more hence the same had developed upon the heirs of the heirs of A and if the heirs include the sisters then yes they are also entitle to share in the estate of A.

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