On your brother demise your mother and his widow would be the legal heirs
I am younger brother of retired army and joined state government job last month he dead on service,he don't have any children, he has ancestor property and also own property, what shares will come for mother and his wife. can have mother get back ancestor property ? regards prakaash.
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His mother and wife shall get 50 percent each that is equal share in his property. And they shall receive benifit equal from any amount in bank and state .
How many other legal heirs are there for the ancestral property
With regards to the self acquired property both the mother and the wife will get 50% share in the property.
Regardss
Dear Sir,
Yes, your mother get one share in the ancestor property.
After the death of male it naturally devolves on the following formula
Section 8 in The Hindu Succession Act, 1956
(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.
Hindu Succession Act, 1956 [Section 8]
HEIRS IN CLASS I AND CLASS II
CLASS I
Son; daughter; 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; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
CLASS II
III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s son, (4) daughter’s daughter’s daughter.
VI.. Father’s widow; brother’s widow.
VII. Father’s brother; father’s sister.
VIII. Mother’s father; mother’s mother.
Explanation : In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood
Your brother's own property will go to his wife and mother equally.
All ancestral properties will be taken upon as part of joint family property in absence of any coparcener descendant of your brother.
Dear Sir,
You may rely upon Section 8 as follows:
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Class I Heirs
Son
Daughter
Widow
Mother
Son of a predeceased son
Daughter of predeceased son
Widow of predeceased son
Son of a predeceased daughter
Daughter of predeceased daughter
Son of predeceased so of predeceased son
Daughter of predeceased son of a predeceased son
Widow of predeceased son of a predeceased son
The properties on his name whether self acquired or ancestral/inherited, shall devolve on all his legal heirs equally namely his mother and wife on his death if he is reported to have died intestate.
There is no discrimination for distribution of his properties among his legal heirs, both will be entitled to an equal share.