On brother demise his share would devolve on his 3 brothers and 4 sisters
the deceased sister 3 children have no share in property
Rights of legal heir
Hi I am about to buy a land. The seller are hindu by religion. The details are : - Land is purchased & registered in the name of 4 brothers only. - one of the brother has died in the year 2020. The deceased brother has not married and has no wife or children. - The parents of the brothers has already expired long back. - The deceased brother have 5 sisters, in which one of the sister has expired in 2018, she has 3 children. Who all will get the share of deceased brothers property, kindly advise.
Asked 4 years ago in Property Law
Religion: Hindu
8 Answers
1. Assuming that the deceased brother had 25% share in the joint property held together by 4 brothers and died intestate ( without executing a WILL ).
2. Then the deceased brother's share of 25% gets devolved equally to his three brothers and five sisters ( including the sister who is dead ), i.e., 3.125%. In case of deceased sister, her share of 3.125% gets subdivided equally to her 3 children, i.e., around 1.042%.
3. The final account will be as under:-
Three brothers get 3.125% + 25% own share
Four sisters get 3.125%
Each child of deceased sister gets around 1.042% × 3 children = 3.126%.
- As per law, after the death of unmarried brother , his property would be devolved upon other brothers and sisters equally , as parents have already expired.
- Further, after the death of said sister , her share can be claimed by her children.
Dear client,
As per Hindu Succession Act, 1956, under circumstances of intestate(if there is no will) Succession first the CLASS I heirs will get the whole property. Since as per you they are no more then the property shall go to CLASS II heirs which includes brother and sister. Thus, the share of the deceased shall be distributed equally among his brothers and sisters.
Thank you
The deceased brother's share will devolve upon his surviving 4 sisters ( with 20% undivided share each)and the legal heirs of the deceased sister (taking the remaining 20% undivided share), in the absence of any Class-I legal heirs.
The property of deceased brother will go to his parents and other brothers
In the absence of class I legal heirs of the deceased brother to succeed to his estates, the class II legal heirs namely the surviving siblings shall be entitled to an equal share out of the property left behind by the deceased.
The surviving legal heirs include the female siblings too.
1. The share of the property of the deceased brother will be equally inherited by his brothers and his sisters.
2. The share of his deceased sister in his property will be equally passed on to her three children.
