• Share in property

My father purchased house property in Bangalore out of his own funds in the year 1952. He expired in 1979. My mother expired In 1964. We are family of four. One of my brother executed registered release deed for a consideration in favour of two brothers and one sister in the year 1992. All the three have paid equally for the release deed. 
Brother who executed release deed died in the year 2012. My sister who is unmarried died in the year 2014 without executing will. Now we want to sell the property. My question is whether the widow of my deceased brother is having share in the property.( My expired sisters share).We are Hindu.

yea
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Asked 2 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1. IRRESPECTIVE of any criteria, the residual Legal Heirs of the Deceased shall have equal rights over the property of the deceased, under the parameters of Class-I and Class-II of the Hindu Succession Act.

2. HOWEVER, the said can be circumvented mutually by all the legal heirs, by executing a Family Settlement Deed, with strategic clauses and mutually agreeing to transfer part /ratio /full property in favour of person/s (with or without consideration). This shall remain legitimate for all futuristic purposes.

Keep Smiling .... Hemant Agarwal
Hemant Agarwal
Advocate, Mumbai
878 Answers
3 Consultations

5.0 on 5.0

Firslty, Sir, as you have stated in your query that the brother had relinquished his share to you all remaining for a consideration whcih was paid by you and others as well.

Secondly, now, as your sister was having two shares first, her own share, and second the share whoch she got after paying the consideration.

Thirdly, as she has passed away without executing any will, now the her property may go as per Hindu Succession Act.

Fourthly, yes as your brother died, but she has a surviving wife then it may go to her also being the legal heir of your deceased brother.

Fifthly, you all please apply for the legal heir certificate also as this may take 3 to 4 months to get the same.
Sanjay Baniwal
Advocate, South Delhi
2312 Answers
5 Consultations

4.9 on 5.0

Widow of deceased brother has no share in unmarried sister share in property 

Only her surviving siblings would inherit her property
Ajay Sethi
Advocate, Mumbai
52168 Answers
3108 Consultations

5.0 on 5.0

The window shall have any right in the property of sister. The property shall be inherited by the surviving brothers and the widow as in the hindu succession act in case of the intestate female not having husband , children or parents the property shall go in the heirs of the father and shall be distributed as the property was of father so in that case the predeceased son window shall have right.


Kindly refer section 15 and 16 hindu succession act.

15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.
16. Order of succession and manner of distribution among heirs of a female Hindu.—The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestates property among those heirs shall take place according to the following rules, namely:— Rule 1.—Among the heirs specified in sub-section
(1) of section 15, those in one entry shall be preferred to those in any succeeding entry and those included in the same entry shall take simultaneously. Rule 2.—If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children alive at the time of the intestate’s death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate’s death. Rule 3.—The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and (e) of sub-section (1) and in sub-section (2) to section 15 shall be in the same order and according to the same rules as would have applied if the property had been the father’s or the mother’s or the husband’s as the case may be, and such person had died intestate in respect thereof immediately after the intestate’s death.
Shubham Jhajharia
Advocate, Ahmedabad
7570 Answers
23 Consultations

5.0 on 5.0

Widow of deceased brother has no share as brother died before his un married sister 

If he had survived her he would have equal share in deceased sister property and on his demise his widow and children would inherit itv
Ajay Sethi
Advocate, Mumbai
52168 Answers
3108 Consultations

5.0 on 5.0

Once release deed is executed duly stamped and registered brother has no share in property 

But on sister death he inherits her share
Ajay Sethi
Advocate, Mumbai
52168 Answers
3108 Consultations

5.0 on 5.0

From release deed.you both brother will have 1/3 share each from the brother share that he recived from the father further sister also have same share but after that the accumaleted share with sister that is total jer property again shall divide in three share including the widow.
Shubham Jhajharia
Advocate, Ahmedabad
7570 Answers
23 Consultations

5.0 on 5.0

1. After the execution of registered release deed by your brother he ceased to have any right in the property, hence his legal heirs cannot claim succession to the property.

2. The share of your deceased sister has further devolved on her husband and children under Section 15 of Hindu Succession Act.
Ashish Davessar
Advocate, Jaipur
24509 Answers
679 Consultations

5.0 on 5.0

Your deceased brother's legal heirs cannot claim succession to his share in the property as he had during his lifetime executed a registered release deed.
Ashish Davessar
Advocate, Jaipur
24509 Answers
679 Consultations

5.0 on 5.0

You have released/relinquish your share by executing the release deed in said property as per your share and received the consideration. That means you have no right over the property in future. widow of your brother is the only legal heir ,so she has a exclusive right over the property and any other persons.
Girish Togani
Advocate, Bhiwandi
8 Answers

5.0 on 5.0

1. Since your Sister, who was a spinster, died intestate, her share in the property shall devolve equally to her siblings, viz., 3 brothers.
2. In view of 1 brother not alive, his share in the property shall devolve equally to the widow of deceased brother and her children.
3. Release Deed was executed by the deceased brother in favour of his 2 brothers and 1 unmarried sister in 1992 releasing/relinquishing his share over the property in their favour and his right was extinguished at that point of time for the entire property. However, in view of spinster sister's intestate death, the siblings are entitled to equal share in the share of their deceased sister. Hence the deceased brother is entitled to equal share in the deceased spinster sister's property. Since the brother is no more, his share in the property would devolve equally to the deceased brother'S wife and children.
Shashidhar S. Sastry
Advocate, Bangalore
1738 Answers
116 Consultations

5.0 on 5.0

1. release deed is binding on the heirs of the deceased brother

2. therefore widow of deceased brother has no right in the property

3. deceased sister's share will go to her legal heirs - i.e. siblings (in absence of husband and children, as she was unmarried)

4. you can sell the property
Yusuf Rampurawala
Advocate, Mumbai
2073 Answers
6 Consultations

5.0 on 5.0

Dear Client,

Widow has no share as the deceased brother already dispensed his share by released deed (registered ?) and sister share will inherit in living brothers.
Yogendra Singh Rajawat
Advocate, Jaipur
5789 Answers
4 Consultations

4.7 on 5.0

Dear,
 Brother's widow wife has no share in deceased sister share.
 Deceased brother already execute release deed.
Tarun Agarwal
Advocate, Jaipur
584 Answers
1 Consultation

4.9 on 5.0

Since the brother has once released his share therefore he or any of his legal heir will not have any claim on the said property in any manner whatsoever
Anilesh Tewari
Advocate, New Delhi
11942 Answers
154 Consultations

5.0 on 5.0

In my advise the wife of the brother will not have any share in the share of the deceased sister. 

Regards
Anilesh Tewari
Advocate, New Delhi
11942 Answers
154 Consultations

5.0 on 5.0

On the basis of the registered release deed and also as your only sister died without any issues or marriage, the property shall devole only on you two brothers.
Hence there is no need to take any permission or consent from your sister in law on this.
You can sell the property without her consent.
The sister's class II legal heirs are those who survived her death. 
If your deceased brother was living at the time of the death of your sister then his legal heirs shall be entitled to one third share out of your sister's share in the property.
T Kalaiselvan
Advocate, Vellore
42467 Answers
462 Consultations

5.0 on 5.0

That means release deed is of no help to us. It will not come to our rescue

The release deed is very much effective and it will certainly come to your rescue, but it will restrict to your deceased brother's share in the proeprty alone and not on any successive acquisition /inheritance.
T Kalaiselvan
Advocate, Vellore
42467 Answers
462 Consultations

5.0 on 5.0

1. The share of your unmarried sister will be equally inherited by all her brothers and subsequently to the legal heirs of her deceased brother.

2. So, the widow of your deceased brother shall have right on the share of her late husband on the share of the property of your late sister.

3. All the other brothers also will inherit equal share of the share of the property of your late sister.
Krishna Kishore Ganguly
Advocate, Kolkata
20169 Answers
497 Consultations

5.0 on 5.0

1. the said release deed is in connection with their shares of the property inherited by them from their father.

2. It does not include their inherited share of their lat sister's share of their father's property.
Krishna Kishore Ganguly
Advocate, Kolkata
20169 Answers
497 Consultations

5.0 on 5.0

You shall have to register another release/gift deed conveying title of their inherited share of their late sister's share of the property left by their father who dies intestate.
Krishna Kishore Ganguly
Advocate, Kolkata
20169 Answers
497 Consultations

5.0 on 5.0

1. Widow of your deceased brother does not have right to share. Because, deceased brother already relinquished his share by way of released deed during his life time. 2. You should obtain legal heirship certificate to the deceased sister, who died unmarried, before executing the sale deed.
Selva Perumal
Advocate, Chennai
217 Answers
7 Consultations

4.9 on 5.0

Hi,
None will be having a share in the property of expired sister. Since that brother had given a release deed and was duly paid for it, no share remains to his heir too.
Ganesh Singh
Advocate, Delhi
1896 Answers
1 Consultation

4.5 on 5.0

This is my response to you:
1. Class I legal heirs have a claim on it;
2. Class I heirs are sons, daughters, widows, mothers, sons of a pre-deceased son, widows of a pre-deceased son;
3. The Class I heirs are entitle to their share;
4. Therefore approach the lawyer and show them your documents;
5. You can sell the land provided all other submit their NOC to sell.
Gowaal Padavi
Advocate, Mumbai
1465 Answers
2 Consultations

5.0 on 5.0

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