In case of unmarred Hindu dying unmarried, his property will devolve on his brother's son under Hindu Succession Act. The son/s will inherit uncle's property. His sisters or their sons have no right to claim the property.
Property ownership
I am writing this on behalf of my father. My father's elder brother (uncle/Jethu) did not get married. He life long stayed in a house with my father and mother. My father has one elder brother and 3 sisters. So total 5 brothers and sisters. Recently my father's elder brother passed away. He did not leave behind a will. The house in question had my father's elder brother as the owner. So now the ownership needs to be transferred to my father's name. Two of my father's sister have submitted their NOC, no claim on the house. One of my father's sister has passed away. She has two children. One of them lives in London and the other in Canada. The child who lives in London is visiting India soon and will submit her required documents for no claim. However the other child who lives in Canada has verbally agreed to have no claim. However he has stopped responding after that. What are my father's option here to get ownership of the property? He is above 70 in age and needs help.
Asked 4 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
8 Answers
You can execute registered settlement deed between all legal heirs in the said matter
Sisters should submit registered gift deed or relinquishment deed for their share in property
2) similarly children of predeceased sister have to submit gift deed or relinquishment deed
3) you can offer to buy out legal heirs share in property
Based on Advocate Ravi Shinde's response "In case of unmarred Hindu dying unmarried, his property will devolve on his brother's son under Hindu Succession Act. The son/s will inherit uncle's property. His sisters or their sons have no right to claim the property" -- The younger brother has a daughter who is married. Only son can inherit the uncle's property?
Asked 4 years ago
On demise of unmarried hindu his property would devolve on his surviving siblings .
it would not devolve on brother son
Only in case of ancestral. Otherwise it will get disposed off depending on his class 1 heirs first followed by other classes of heirs.
First of all the NOC what you have obtained from your father's siblings is not valid, the other shareholders have to execute a registered release deed relinquishing their rights in the property.
Now coming to the successors in interest or class II legal heirs of your paternal uncle upon his intestate death is:
Class II heirs are categorized as follows and are given the property of the deceased in the following order:
- Father
- Son's/daughter's son
- Son's/daughter's daughter
- Brother
- Sister
- Daughter's/son's son
- Daughter's/son's daughter
- Daughter's/daughter's son
- Daughter's/daughter's daughter
- Brother's son
- Sister's son
- Brother's daughter
As your grandfather is not alive, the property shall be succeeded in the following order alone, i.e., from Sl No. 5: 'Sister'
In view of foregoing, the surviving two sisters of your father can execute a registered release deed in favor of your father. It may not be necessary to obtain release deed from the children of the deceased sister of your father.
Don't be misguided by incorrect interpretation of law
In this brother's son or sister's son or brother's daughter can inherit the proeprty in the order of 10, 11,12 only, i.e., after it is found that none of the preceding 9 legal heirs are living/found.
Therefore you can follow the procedures of law as suggested in my previous post of the same thread.
Dear Client,
Assuming that the uncle that you are mentioning is your paternal uncle, you have absolute right in his property over his nephew, You need to procure all the documents to prove your relationship with the deceased person and then proceed against your uncle's nephew for declaration of title and recovery of possession.If the property is self-acquired by the parents, a son or a daughter has no legal claim in it. However, it should be noted that if parents die intestate, the son or the daughter, no matter how poor their relationship was with the parents, will have succession rights in the self-acquired property of the parents.According to Law, Yes, Daughters have equal rights in her father's Acquired property will get classified under Class 1 Legal heir and Father's inherited property from forefathers.
Thanks & Regards
