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Inheritance of property among 1st class and 2nd class heirs.
04-Oct-2024 (In Property Law)
My father self acquired property had 3 1st heirs.one heir was gifted 50%of property thru gift deed.he died and is survived by two sons.
Now among two remaining 1st class heirs both owned 25% each share in same property. One heir dies and only one 1st class heir is alive now.
Does the alive heir have full right over the 25% property being 1st class heir or does 2nd class heirs also can claim ???
Now question here to you is whether the legal heir who had 25% share and died had any surviving member in his family tree?
Suppose if C died and had 25 % share however he was survived by his wife and son then in such a case this 25% share shall devolve upon his wife and son
But in case if C died and there is no other member in his family tree then in such a situation his share of 25% shall be devolved upon B (alive legal heir) and shall not go to class 2 legal heirs
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Adv. Abhimanyu Goel
Delhi | 25+ Answers
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if one heir who has died was unmarried then it will go to other legal heir who is alive and in case married then it will go to his legal heirs and not to the brother.
the shares depend upon the family tree and changes accordingly.
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Adv. Deepanshu Garg
Delhi | 100+ Answers
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Your calculation is incorrect ! Out of 3 legal heirs if one has got 50% share then after the death of intestate father the same legal heir is entitled for 1/3rd of share from the remaining property ! You need to hire expert advocate for the same ! Kindly n in touch
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Adv. D. Khan
Delhi | 1000+ Answers
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