Question: Who are legal heirs of deceased in India?

The parents, spouse and children are the immediate legal heirs of the deceased person. When a deceased person does not have immediate legal heirs, then the grandchildren of the deceased will be the legal heirs.

Who are the legal heirs as per Indian law?

According to India laws, a person who is determined to succeed to the estate of an ancestor who has died without making a will or mentioning a legal heir. Therefore a legal heir is an individual who takes the place of the property of his/her ancestor, either by law or by a will.

Who will be legal heirs after death of father?

Mother, Wife along with sons and daughters ( and their sons and daughters in case they predecease their sons and daughters and in case their daughters and sons also predecease them then their sons and daughters as well ) are the class I legal heirs as mentioned in the schedule of the Hindu Succession Act, 1956.

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Who are the legal heirs of a deceased married person in India?

Class-I heirs of the deceased would be the widow, his son, his daughter, his mother, the son of a predeceased son, the daughter of predeceased son, the widow of the predeceased son, the son of a predeceased daughter, the daughter of predeceased daughter, the son of predeceased son of predeceased son, the daughter of …

Who is eligible for legal heir?

In Karnataka, a legal heir certificate is now only issued to the kin of deceased govt servants. Everyone else has to obtain a succession certificate through their jurisdictional civil court.

Is married sister a legal heir?

Answers (3) Madam/Sir, In the event brother who is unmarried dies intestate (without making a will), married sister will get the property as per Hindu Succession Act, more specifically according to schedule 1 and schedule 2.

Who are the Class 2 heirs?

Class 2 heirs include:

  • Father.
  • Sons daughter’s son.
  • Sons daughter’s daughter.
  • Brother.
  • Sister.
  • Daughters son’s son.
  • Daughters son’s daughter.
  • Daughters daughter’s son.

Who is the legal heir of father’s property in India?

According to Section 8 of the Hindu Succession Act 1956, read with the Schedule referred therein, daughters being Class I legal heirs, have the same rights as sons to the properties of their father, if the father dies intestate (without a will).

What happens if father dies without will in India?

“If a property of a male Hindu dying intestate (without a will) is a self-acquired property or obtained in the partition of a coparcenary or a family property, the same would devolve by inheritance and not by survivorship, and a daughter of such a male Hindu would be entitled to inherit such property in preference to …

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How is property divided after death in India?

Under the Indian Succession Act, the distribution of the property after death is divided mainly into two parts, intestate succession, and testamentary succession. … Testamentary succession takes place when the deceased person has created a Will, directing the distribution of property after his/her death.

Who is the legal heir of a deceased?

The parents, spouse and children are the immediate legal heirs of the deceased person. When a deceased person does not have immediate legal heirs, then the grandchildren of the deceased will be the legal heirs.

Who are the legal heirs of husband?

As per Hindu Succession Act, the immediate legal heirs of husband (Hindu male) will include husband’s son, daughter, mother, children of pre-deceased sons and daughters, widow of pre-deceased son etc.

Is grandson a legal heir?

A grandchild does not have any birth right in the self- acquired property of his grandfather if it has been allotted to his father in a family partition in his capacity as legal heir and not as a coparcener under theHindu Succession Act 1956. The grandfather can transfer the property to whoever he desires.

Is nominee a legal heir?

A nominee (pursuant to a nomination by the deceased during their lifetime) acts only as a trustee on behalf of the rightful legal heirs, holding any property until the matter of succession or inheritance has been decided under law.

Are siblings legal heirs?

After the death of your brother your mother will become the only legal heir of his properties. More over the property was registered in your mother’s name, in such a situation your brother in law has no legal right over the property and he could not claim to demand the property to be registered on his son’s name.

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