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Can neice/nephew claim property of unmarried aunty property


02-Jul-2023 (In Property Law)
My aunt died in 2012. She own a flat in Kolkata. When she died she had 2 surviving brothers and one sisters. What is law of distribution of her property? Can one of her deceased brother's wife and children her property too.
Answers (2)

Answer #1
728 votes
You have not specified the status of your aunt i.e. married, unmarried or divorcee. You have also not specified the source of money wherefrom the aunt purchased the flat i.e. own funds or funded by husband or aunt's father or mother. Please specify the details for proper advice.
Answer #2
824 votes
It depends on the religion of your aunt and whether she was married or not.
As per Hindu Act the deceased brother's wife and children has to file a succession application in court and show themselves as your aunt legal surviving heirs

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