Share in inherited property
Can we claim property share in father's brothers inherited property?
Let us clarify , 1. wheher are you hindu, christian or any other religion. 2. wherther your father's brother is married or unmarried .3. Is he has any legal heirs. 4. died intestate ?
Inherited with Will
If your Uncle (father’s brother) has inherited a property via a will, then you have no claim over it, if your father was precluded from the said property. If in the will, your father was named heir, then you have the claim over the said share only.
Inherited without Will
If the person whose property is in question, dies without making a will, then such property (intestate) will be distributed among his heirs in accordance with section 8 and 9 of The Hindu Succession Act, 1956. These section deals the property of a Hindu dying intestate devolves upon his heirs of Class I who take the property to the exclusion of all other heirs.
However, if there are more than one Class I heirs among whom the property of the deceased devolves, then Section 10 of the Act lays down the rules to be followed in such cases.
If there are no heirs in Class I, the property will given to the heirs within Class II. They are divided into nine categories. The rule is that an heir in an earlier category excludes heirs in later category. Further all heirs in one category take simultaneously per capita share. They are as follows: 1] Category I - a) Father. 2] Category II - a) Son’s daughter’s son. b) Son’s daughter’s daughter. c) Brother. d) Sister. 3] Category III - a) Daughter’s son’s son. b) Daughter’s son’s daughter. c) Daughter’s daughter’s son. d) Daughter’s daughter’s daughter. 4] Category IV - a) Brother’s son. b) Brother’s daughter. c) Sister’s son. d) Sister’s daughter. 5] Category V - a) Father’s father. b) Father’s mother. 6] Category VI - a) Father’s widow. [Step mother]. b) Brother’s widow. 7] Category VII - a) Father’s brother. b) Father’s sister. 8] Category VIII - a) Mother’s father. b) Mother’s mother. 9] Category IX – a) Mother’s brother. b) Mother’s sister. The rule of share in Class-II heirs is that each will take per capita including widow.
Distribution of property among heirs in class I of the Schedule: The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:- Rule 1.-The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share. Rule 2.-The surviving sons and daughters and the mother of the intestate shall each take one share.
Rule 3.-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share. Rule 4.-The distribution of the share referred to in Rule 3- (i) among the heirs in the branch of the pre-decease son shall be so made that his widow (or widows together), and the surviving sons and daughters get equal portions ; and the branch of his pre-deceased sons gets the same portion; (ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.
If it isancestral proerty then the heirs of your grandfather will all have equal shares including your father. If the property was self acquired by your grandfather and he made a will in favour of your father's brother, to the exclusion of your father, then you have no share. If there was no will, then the property will be said to be passed intestate to your father and uncle and any other children that he had.
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