• Dead uncles property dispute

One of my mother's brother was unmarried and he has been dead for a year now. He has left behind house and a site. Is there any precedent for my mother to ask equal share if my uncles are trying to divide the assets equally among them.
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

In case of your uncle died interested without marriage then his property will be transferred between his brothers and sisters if his father is not alive incase your mother father get any property out of this partition she will have right in that property as a first class legal hair

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear Sir,

Your mother can try such share by filing suit for partition. Usually such property reverts back in the following manner:

Section 8 in The Hindu Succession Act, 1956

8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

(d) lastly, if there is no agnate, then upon the cognates of the deceased.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Yes your mother as sister shall have equal share of the property if brother was not married and doesn't have any childrens

She can file a partition suit and cam seek stay also on alienation of such property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

On brother demise your mother and her siblings would have equal share in property

2) your uncles cannot deny share in property to your mother

Ajay Sethi
Advocate, Mumbai
87893 Answers
6207 Consultations

5.0 on 5.0

A sister can only claim a right in the ancestral property which belong to the family. The ancestral property if the father dies intestate or is being partitioned will be divided equally in the class 1 hiers that will be mother,brother and sister

There is no provision in any personal law which gives a sister a right over the brothers self acquired property

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Hi, yes she is a class 1 legal heir in the property ... She can file a civil suit for partition

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Dear client,

1. See your uncle is unmarried and his property will be divided between his sisters and brothers.

2. See as per section 8 of Hindu succession Act, 1956 the property of male hindu dying intestate shall devolve to his legal heirs.

3. I would like to tell you in short your mother can file partition case along with injunction order not restraining the property of your uncle against the other brothers can get the share equally.

4. 100% I can assure that it’s winning case.

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

Hello,

The mother does not have any right on the self acquired property of her brother.

The law is as follows:

As the brother was a bachelor, upon his death, his 50% share will go to his mother (in case she is alive). Else, it will go to his father being a Class-II heir. (Assuming father is alive). Only when fayher is not alive, then, it will go equally to his brother and sister(s).

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes, as per class II legal heirs share the Indian Succession Act.

CLASS II

I. Father.

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’s daughter, (3) daughter’s son, (4) daughter’s daughter’s daughter.

IV. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.

V. Father’s father; father’s mother.

VI.. Father’s widow; brother’s widow.

VII. Father’s brother; father’s sister.

VIII. Mother’s father; mother’s mother.

IX. Mother’s brother; mother’s sister.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Assuming that your uncle died intestate (without executing a WILL), then his legal heirs will be his siblings (since he was unmarried at the time of death). All the brothers and sisters will have equal share in the property, including your mother(assuming that your mother's parents are not alive).

2. Your mother is having equal share in her unmarried deceased brother's property, since he has died intestate.

3. If your uncles' refuse to give your mother her rightful share, let your mother send a legal notice to her brothers to get her rightful share and if it is not given, then your mother can approach the jurisdictional competent court praying for declaration, partition and separate possession of the property by metes and bounds.

Shashidhar S. Sastry
Advocate, Bangalore
4166 Answers
258 Consultations

5.0 on 5.0

If your uncle was unmarried and reported to have died intestate then his class I legal heir i.e., his mother shall inherit the proeprty.

If she is not living then the properties left behind by him shall devolve on all his class II legal heirs equally, tht way your mother shall be entitled to a share as a right.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

your mother and sister both have equal share in the property, because brother was unmarried and doesn't have any childrens

Go through Section 8 in The Hindu Succession Act, 1956

General rules of succession in the case of The property of a male Hindu dying intestate,

she can file a partition suit.

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

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