Legal heir if Hindu man dies without a will

516 votes

Since the Hindu man was unmarried and his parents have also died then, his brother, sister will have first claim on his movable and immovable property and in case of death of brother or sister , his/ her sons or daughters in same order and so on as per Hindu Succession Act.

Advocate Mukesh Vasant Shinde LawRato

510 votes

The property of a Hindu male dying intestate, or without a will, would be first distributed to heirs within Class I. If there are no heirs categorized as Class I, the property will be given to heirs within Class II. If there are no Class I or II heirs, then the property will first go to agnates (distant blood relatives of male lineage) and if no agnates are available then to cognates (distant blood relatives of male or female lineage). And if there are no cognates, then the estate will go to government.
The following relations are considered to be Class I heirs:
Son/Daughter, Widow, Mother, Son/Daughter of a pre-deceased son (pre-deceased means “already Dead”), Son/Daughter of a pre-deceased Daughter, Widow of a pre-deceased son, Son/Daughter of a pre-deceased son of a pre-deceased son (3 levels), Widow of a pre-deceased son of a predeceased son

In case no Class-I heirs are available, Class-II heirs, are considered. Among the heirs specified in Class II, those who are mentioned first get the property simultaneously and in exclusion to those in the subsequent entries. For example, if the father is no longer alive, then the second in list such as “(1) Son’s daughter’s son (2) son’s daughter’s daughter, (3) brother & (4) sister” will get the property in equal measure, provided all the heirs are available.

Advocate Chinnmay S. Shah LawRato

740 votes

Dear Client,
If class one heir are not available then class II heir get the share in the property of deceased. In your case brothers and sisters will have right upon the said property.
It would be advisable if you can reach out to any of the impaneled advocate of lawrato. while going for the consultation do carry all your supportive documents so that proper and precise advise can be given.
Regards,
EXPERT JURIST LLP.

Advocate JV Bhosale LawRato

668 votes

This is my response to you:
1. If an unmarried hindu male dies then his parents are the legal heirs;
2. If the parents are also not there then the brother and sisters are the legal heirs;
3. As per the Hindu Succession Act, Class II legal heirs become the owners;
4. Therefore consult a lawyer for further information.

Advocate Gowaal Padavi LawRato