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Legal heir of unmarried Hindu male
07-Sep-2023 (In Family Law)
My unmarried Hindu uncle expired last year. His father, mother and two brothers already expired long back. Only one sister is alive and we(nephews/nice.) Do we have legal rights to his property as heirs of his expired brother? or only our aunt (means his alive sister) has? please advice
Only your aunt, that is the sister of the deceased is entitled to Succession in your uncle's property. Your uncle has no class1 legal heirs so the property would devolve to class 2 legal heir. Sister comes prior to nephew or niece in class2 legal heir list. So the property would devolve to his sister.
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Adv. Samyak Raj
Delhi | 500+ Answers
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What happens when an unmarried person dies?
If the deceased was not married, property division is possible.
If there are no parents, siblings, or descendants of siblings left, the estate will be divided equally between the agnates. If the deceased was single, but had children then the estate will be divided equally between his/her children.
Who are legal heirs of father?
Hindu Law states that when a Hindu male passes away intestate, the property of his deceased spouse is passed to his legal class-I heirs. These include his Mother, Widow and his Son or Daughter. A wife, being a class I legal heir will inherit the property of her husband in an equal share with all other legal heirs.
According to the Hindu Succession Act of 1957, if an individual dies without being married and having no children, his or her parents are considered the legal heirs of that person's estate.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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