My real uncle ( chhachaji ) expired in june 2018. His wife had expired about 20 years ago.His only son ( unmarried ) expired in may 2018 that is one month before the death of my uncle. Thus there are no class ! heirs to him. Uncle had one brother and one sister. Both died long ago. There are 3 sons and a daughter to brother and 2 sons and a daughter to sister of uncle ( legal heirs under category 4 of class 2 heirs ) all married. Uncle has left behind a DDA LIG flat ( in his wife's name ) and a DDA plot recently allotted to him and partly paid in his own name. my questions are 1. Do all the sons and daughters of brother and sister of my uncle have equal share in the proprty left ? 2. Do only the sons of brother of uncle have the first right on the property ? 3. What is the process of claiming the property of the uncle by heirs ?
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Firslty, you all would need to apply for the succession certificate before the civil court.
Secondly, that may take 2 to 3 months, after that only any legal heir can claim their right in the property.
Thirdly, yes, as per law whoever come first in the second class of heirs they would get the whole share.
Rest, would try to find out some judgements where situation may be different from the law.
1) All brothers and sisters sons and daughters have equal rights in uncle's property.
2) You all have to apply for succession and legal heirs certificate in the court.
1) since uncle did not leave any class 1 legal heirs property would devolve on his class 2 legal heirs
2) sons and daughters of brother and sister of uncle woukd ha r equal share in property
3) legal heirs ha e to apply for and obtain letters of administration from Disteuct court in Delhi
4) notice would be issued to all legal heirs
5) if no objections are received you would get LA in 6 months
Dear Client,
Property will devolve in his brothers sister being class two heir.
and so in their children as they are not alive i.e. 1/7th each.
No special inheritance right to sons.
apply for legal heir certificate at Local Tehsildaar office and on the basis on it, get the property mutated in joint ownership of all.
Hi, they have to obtain a sucession certificate from court ..
1. Since, there are no class one legal Heirs of your uncle, the property would be inherited by the class two legal Heirs, wherein the sons and daughters of brother and sister of the deceased would have equal share in the property.
2. No. Even the sister would have equal share.
3. You need to obtain letter of succession certificate from Civil court ij order to inherit your uncle's property.
Regards.
1. Yes, they have an equal share each.
2. Yes, they shall be preferred to those who come later in the list of class 2 heirs.
3. If there's no differences, all the sons and daughters may share this property under a family arrangement. Post partition, this property also needs to be mutated.
My Advice as per your brief:
1. Yes all the second class legal heirs have equal rights in the property in absence of first class heirs.
2. All brothers and sisters have equal rights and shares in the said property.
3. Approach the concerned civil court of Delhi and apply for succession certificate or letter of administration.
For any assistance please feel free to consult.
Regards
1. Yes all the class two legal heir shall have the equal share in the property.
2. No since the property is self acquired intestate succession rules applies and both the children of brother and sister have equal share.
3. See the easy way would be get legal heir certificate from the Tehsildar for all and then apply for transfer in DDA. If DDA refuse based on legal heir certificate which certainly it would not but there may be chance then you have to apply for the Letter of Administration for the property to transfer same.
You had to file application of administrator of the property.... Convince the court your the only legal hier left to claim the property...how? Which will be discussed further ...after court appointed uh administrator uh may do whatever you like to do with the property ..... As he is your real uncle you can claim it... And first right will b URS...for more info uh may contact me... For free legal advice upon call...
Dear Concerned,
You have to apply for the Succession Certificate in the court of concerned Civil Judge. as per the class two heirs defined in the Hindu Succession Act. only if the value of property is more than 50,000/- Rupees , or else the certificate from SDM on family chart may suffice.
Best of Luck
A female Hindu dies intestate. She had no children of her own and her husband had also expired before her. Her parents had also expired before her death. So now she has no heirs from among those mentioned in entry (a), (b) or (c) of sub-section 1 of section 15. Her property shall now devolve upon the heirs of either her father or her mother as provided in clauses (d) and (e) of sub-section 1 of section 15. The heirs of her father are alive therefore the property shall devolve upon them to the exclusion of the heirs of her mother in accordance with Rule 1 of section 16. And now as per Rule 3 of section 16, A’s property shall devolve upon the heirs of her father as if the property belonged to A’s father and not to A and as if A’s father had also expired intestate. Therefore, A’s brother and sister who are class I heirs of her father shall take A’s property simultaneously in equal shares. If there was no Class I heir of A’s father alive at the time of A’s death, then her property would devolve upon Class II heirs of her father. In case there is no Class II heir available, then the property of A shall devolve upon the agnates of her father and if there are no agnates, upon the cognates of A’s father.
1. All the class 2 heirs succeed equally. Every heir takes a 1/7th share each.
2. The share of daughters is at par with that of sons.
3. The DDA flat cannot be partitioned. It should be sold by all the heirs and the sale proceeds divided. However, before doing this they should apply for mutation.
4. A partition deed can be executed to amicably divide the plot.
