In the event of intestate demise of your uncle who is unmarried his property will devolve through succession on his siblings. The share of deceased siblings will further devolve on their respective legal heirs, but your uncle can make a will during his lifetime to devise as to who will inherit his property after his lifetime.
Legal heir
Sir I am from Siliguri. My father are two brothers, my father is elder & Four sister among them two sisters passed away(1 sister was unmarried when she died). Our land is 5 kathaa or 8 decimals . Previously the entire land was in the name of our grandfather. Then we transfered entire land in the name of my uncle who is unmarried through gift deed 2 years back. My grandfather died in the year of 1972. Due to some legal issues we didn't kept land in my father name. Now recently my uncle got a major heart attack. . We already paid our aunts for transfer of their portion.My uncle is 55 years old I am already the nominee of different l.i.c of my uncle.My question is if any thing bad happens to my uncle because he is unmarried who will be the next legal owner of the land
Asked 7 years ago in Property Law
Religion: Hindu
7 Answers
1. in absence of any child all the property will devolve upon his wife. however, she has only life interest and she cannot sell it to any person.
2. after her death property will devolve upon legal heirs of her husband i.e. his brothers and children of brothers.
3. if there is no other child than you then property will devolve upon you.
1. Since your uncle is a bachelor, in the unfortunate situation of his demise, the property would devolve to the persons indicated in the WILL executed by your uncle.
2. In case your uncle dies intestate (without executing a WILL), then the legal heirs are entitled to equal share in the property. In the instant case, the property would devolve to your grand mother(if alive), deceased person's brothers & sisters, I.e., totalling to 5 shares. If your grand mother is not alive then it would be 4 shares in total . In other words your father and his sisters(excepting his unmarried deceased sister) each would get 1/4th share in the . In case of a deceased legal heir, his/her share would be subdivided amongst his/her spouse & children not exceeding to the total share of the deceased person.
On demise of grand father your father had one fifth share in land as one sister was spinster when she died
2) since your father transferred his share by gift deed in favour of uncle then uncle would be absolute owner of land
3) on uncle demise property would devolve on his surviving siblings
4) better ask your uncle to execute will in your name have it attested by 2 witnesses
1. The property of a male unmarried Hindu who died intestate will be inherited by his brothers and sisters when his father has predeceased.
2. In absence of brother and sister his property will be inherited by his brother's and sister's sons and daughters.
3. It is to be kept in mind that Nominee is not considered as owner of the movable property but a trustee only.
If the properties are in your unmarried uncle's name and he possesses a marketable title to the properties, then upon his intestate death the properties left behind shall devolve on his surving class I legal heirs, if there are no class I lgal heirs, then class II legal heirs.
Therefore the properties shall devolve on your and his surviving siblings.
Nominee is not a legal person entitle to get share after his demise. So better he has to write a will or transfer the property in his life time.After the creation of gife deed your uncle is the absolute owner of the land. As per Hindu succession act after the demise of uncle his legal heirs are entitled to get equal share in the property ( In your case )
