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Death of brother (wife or children nahi hai)
09-Apr-2025 (In Property Law)
Brother ki death ho gayi hai uski wife or children nahi hai mother or father bhi nahi hai koi will bhi nahi ki hai unke baad unki property pe brother or sister mein se kiska adhikar hai ya dono ka adhikar hai please reply
Under these circumstances, the property will be bequeathed to the class I legal heir, however, in absence of any class I legal heir, the entitlement of property will be of brother and sister. Therefore, brother and sister both can claim the share over that property
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Adv. Alankrit BhatnagarÂ
Delhi | 100+ Answers
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When a man dies without a wife, children, or parents, and there is no will, his property is distributed as per the rules of intestate succession under the Hindu Succession Act, 1956.
Since there are no Class I heirs (wife, children, mother), the property goes to Class II heirs. Both brother and sister fall under Class II heirs, and they have equal rights over the property.
So in this case, both the brother and the sister will have an equal share in the property, provided there are no other surviving Class II heirs. If there are more Class II heirs, the property will be equally divided among all of them.
If you need help with the legal process or property mutation, feel free to ask.
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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property aapki ancestral h ya fir awlf owned h tabhi bta sakte h baaki consultation ke liye aap call kr sakte hai ya fir office me aa kar mil sakte h uske baad hi aapko bta paayege
Thankyou
Regard Sandeep Vats Advocate
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Adv. Sandeep Vats
Delhi | 25+ Answers
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If the brother does not have any class I legally heirs then the property will automatically goes to class II legal heirs that is siblings and grandparents. Please note that both brother and sister have equal right over the deceased brother’s property
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Adv. Aditi Gupta
Delhi | 25+ Answers
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