Question: Who Are The Class 2 Heirs?

The following persons are considered legal heirs and can claim a legal heir certificate under Indian Law: Spouse of the deceased.

Children of the deceased (Son/ Daughter) Parents of the deceased..

Under Section- 32 of the Indian Succession Act, 1925, a Christian legal heir is a wife, a husband or the kin of the deceased, for instance, Widow. Daughter. Son.

Who are the Class 1 heirs?

Class 1 HeirsSons.Daughters.Widow.Mother.Son of a pre-deceased son.Daughter of a pre-deceased son.Son of a pre-deceased daughter.Daughter of a pre-deceased daughter.More items…

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. You may make a partition of the said property if you so desire. Please call if you have any more questions.

Who has rights on fathers property?

Since your father died intestate, the property will be divided equally among all class I heirs, including you, your brother. According to the Hindu Succession (Amendment) Act, 2005, your daughter has a legal right over her father’s ancestral property.

Who are the heirs of husband?

Legal heir under Christian personal law in India According to section 32 of the Indian Succession Act, 1925 the legal heir of a Christian are husband, wife or the kindred of the deceased.

Can my sister claim in our father’s property?

The property given to you by your father can not be claimed by your sisters anymore. See in acquired property the daughter have right even before the amendment act, even if undivided it is not ancestral property and they have right over same. A daughter can claim her share in father’s property after he dies intestate.

Can wife claim husband’s property after his death?

Wives : A wife is entitled to an equal share of her husband’s property like other entitled heirs. If there are no sharers, she has full right to the entire property. … However, kids from second marriage will get a share along with other legal heirs,” says Rajesh Mahindru, Advocate, Delhi high court.

Who is the owner of property after father death?

After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir. So in case your father did not have a Will, you, your mother and other siblings will be legal heir and the house will devolve amongst four. Both the procedure can be done during the lifetime of your mother.

Who is are considered as Class II heirs under the Hindu Succession Act?

Hindu Succession Act “Heirs in Class II” II. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister. III. (1) Daughter’s son’s son, (2) daughter’s son’ daughter, (3) daughter’s daughters’ son, (4) daughter’s daughter’s daughter.

What is a rightful heir?

These are the heirs who are appointed to inherit an estate when an ancestor dies without a will.

Who gets the property after death?

For example: a person dies intestate, and leaves behind a wife, a son and a daughter, then his property shall be divided equally between them ie, one third each,”says Nikhil Arya, a Delhi High Court lawyer, handling property cases.

How many entries are there in the schedule of class II heirs?

Heirs in class II are divided into nine groups; each group is mentioned in a separate entry in the Schedule. According to section 9 the heirs of first entry are preferred to heirs of second entry, and the heirs in the second entry are preferred to the heirs of third entry and so on in succession.

Can I live in my deceased mother’s house?

Without Probate If you don’t probate your mother’s will, her house will remain in her name even after her death. This doesn’t mean that you can’t live in it or otherwise make use of the property, but you won’t own it. If you don’t own it, you can’t sell it. You also can’t use it as collateral for a loan.

Do heirs have to be notified?

Heirs-at-law and beneficiaries: You want to identify the heirs-at-law and the beneficiaries (persons who inherit under the will) as soon as possible. If no will exists, you’re required to notify the heirs-at-law of your petition for probate; if a will does exist, notify both the heirs-at-law and the beneficiaries.

The property in your mother’s name and she died intestate, the property will devolve upon her legal heirs i.e, yourself and your father alone. You as well as your father have 50%share in it, you both can jointly sell the property.

Can a father give his property to one son?

In an ancestral property, all the sons have a right by birth and therefore, the father cannot give the ancestral property to one son to the exclusion of others. After amendment of 2005 in the Hindu Succession Act, even daughters are coparceners and have a right in the ancestral property.

What is the time limit to make a claims by legal heirs?

As per the provisions of the Limitation Act, 1963, the time limit prescribed to institute a suit for possession for enforcing a right relating to an immovable property is 12 years.