Lera Suncova
Asked December 25, 2016

Share in inherited property

  • 3 Answers
  • 929 Views

Can we claim property share in father's brothers inherited property?

Answers 3

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 ?

Agree Comment 0 Agrees almost 4 years ago

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.

 

Class-I heirs:

Daughter,

Son,

Wife

and mother.

 

 

Agree Comment 0 Agrees almost 4 years ago

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. 

you may provide more details for further clarity.

Agree Comment 0 Agrees almost 4 years ago

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