• Who will inherit a single person's property

Who will inherit my property if no children, no wife? I have brothers and sisters and they have children? What about my sisters, in particular? What about their children?
Asked 7 months ago in Property Law
Religion: Hindu

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12 Answers

In the  absence of any sons/daughters property of deceased will devolve on his brother’s son, in his absence on his sisters son, in the  absence of both on sister’s daughter. All these are Class II heirs under Hindu Succession Act.

Ravi Shinde
Advocate, Hyderabad
3525 Answers
42 Consultations

5.0 on 5.0

Your self acquired property shall be divided amongst your siblings ie brothers and sisters equally.

Rahul Mishra
Advocate, Lucknow
13945 Answers
65 Consultations

5.0 on 5.0

On your demise intestate your surviving siblings would inherit your property 

 

their children have no share in your property 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

Father, if not alive then ,

Brothers and sisters in equal proportion. 

If none of brother and sister is alive then only it goes to their children. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

As per the Hindu Succession Act, the legal heir of the unmarried male is listed below (should be considered in the same order):

1) Mother

2) Father

3) Brother, Sister and their children.

 

Mohammed Mujeeb
Advocate, Hyderabad
19036 Answers
32 Consultations

4.5 on 5.0

1. If you execute a valid WILL, your self acquired property would devolve to the beneficiary/beneficiaries as per the contents of your WILL.

2.  In case of your intestate death (without executing a WILL), then the property would devolve to your mother (if alive) and if your mother is not alive, then the property would devolve to your father (if alive) and if your father is also not alive, the property would devolve equally to your brothers and sisters. In case any of your brother and/or sister is/are not alive, then the deceased brother and/or sister's individual share would devolve equally to their children.

Shashidhar S. Sastry
Advocate, Bangalore
4469 Answers
263 Consultations

5.0 on 5.0

Your brothers an md sisters will inherit it unless you have will of yours

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

In case a male dies intestate, i.e. without making a will, his assets shall be distributed according to the Hindu Succession Act and the property is transferred to the legal heirs of the deceased. The legal heirs are further classified into two classes- class I and class II.

Class I heirs comprises people to whom the interest in the property shall devolve in the first instance upon the death of the intestate. The category contains eleven female members and five male members.

In case wherein a male Hindu dies, unmarried, and is not survived by any class I heir, the property shall devolve among class II heirs. The second class of heirs comprises 19 heirs out of which ten are males and nine are females; these heirs are further divided into nine subcategories.

Father comes under category I

The brother and sister comes under Second category

The children of brother and sisters come under IV category.

 

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

1. If you die intestate, your living mother will inherit your properties as your Class I heir.

 

2.In case she is not alive, your father & brother & sisters will inherit your said properties as your Class II heir.

 

3. In case any of your brothers or sister is no more then said deceased brother's/sister's children will equally inherit their father's/mother's share of your aid properties.

 

4. If you execute your Will in favour of anyone now, he/she will inherit your said property after your demise. 

Krishna Kishore Ganguly
Advocate, Kolkata
26833 Answers
726 Consultations

5.0 on 5.0

Dear Client,

If you create a will then property will be divided according to it. If you don't have a will and no class 1 heirs then property will go to Class 2 heirs (Brothers and Sisters and their children) according to Hindu Succession Act.

Anik Miu
Advocate, Bangalore
5846 Answers
59 Consultations

4.9 on 5.0

You may write a Will bequeathing your estate to anyone of our choice. In case you don't, after your lifetime (God forbid, may you live long!), your estate shall devolve on your brothers and sisters equally, they being the only surviving legal heirs.

Swaminathan Neelakantan
Advocate, Coimbatore
2263 Answers
20 Consultations

4.9 on 5.0

- In the case a Hindu male passes away the following shall take place
1. The Class I heirs get equal shares
2. In case of no Class I heirs it shall be equally divided amongst Class II heirs
3. In case of no Class I or Class II Heirs the property shall be divided amongst the Agnates and then the Cognates.
4. If none of the above-mentioned heirs exist then the property shall pass on to the Government and this is known as Escheat.

- Hence, in the absence of children & wife , parents and grandparents  ,  the property would be devolved upon your brother , sister . and after their demise it can be claimed by their children 

- However, you can write a WILL in favour of the relatives to whom you want to given the property. 

Mohammed Shahzad
Advocate, Delhi
10661 Answers
132 Consultations

5.0 on 5.0

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