Karthik Rao
Asked February 28, 2017

Claim to Property

  • 1 Answer
  • 283 Views

Facts of the case 1 - Mr. A acquired a piece of land post marriage ( year of marriage : 1965) . The property is registered in his name . Year of acquisition of land : 1993 2- Mr.A and Mrs A do not have any children 3- Mrs A died in June 1997 4- Mr. A died in December 1997 5- Mr A has two siblings . 1 brother & 1 sister. ( Siblings are alive ) 6 - Brother of Mr. A is married ( year of marriage - 1967). He has two children 7 - sister of Mr. A is married (year of marriage : 1963) . She has two children 8 - Mrs A has 4 siblings . 2 brothers & 2 sisters. Neither of them have children . ( Siblings are alive ) Note 1 - State where land is situated : Karnataka Note - 2 - Mr A , Mrs A and all siblings - born in Karnataka Question : 1 -who is the legal heir ? 2-Who will be entitled to the land ? 3- if it will be distributed between more than 1 person , in what proportions will it be done in ?

Answer 1

According to Hindu Succession Act, 1956, an intestate succession i.e., where a person dies without leaving a will is devolved upon their heirs according to the Schedule[1] in a proportion as mentioned in the respective sections. This schedule includes two classes of heirs: Class I heirs and Class II heirs. Class II heirs receive property only if no descendant mentioned under Class I is alive. In this case, Mr. A’s property would go to his Class II heirs if his mother is not alive, as all other heirs mentioned under Class I are deceased or non-existent.

Under Class II heirs there are several entries to be considered. Entry 1 includes father and hence, if Mr. A’s father is still alive then the entire property would go to his father. However, if Mr’ A’s father is deceased then his property would be shared by his heirs mentioned in Entry 2.

Entry 2 of Class II heirs includes:

  • Son’s daughter’s son,
  •  son’s daughter’s daughter,
  • brother, and
  • sister.
  • In this case, since Mr. A does not have any children, his property would be shared by his brother and sister equally, as mentioned under S. 11 of the Act[2].

     

    [1][1] Available at: http://www.advocatekhoj.com/library/bareacts/hindusuccession/schedule.php?Title=Hindu%20Succession%20Act,%201956&STitle=The%20schedule

    [2] Available at: http://www.advocatekhoj.com/library/bareacts/hindusuccession/11.php?Title=Hindu%20Succession%20Act,%201956&STitle=Distribution%20of%20property%20among%20heirs%20in%20class%20II%20of%20the%20Schedule

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