On uncle demise all his properties would devolve on his wife
2) in case aunt predeceased uncle then on uncle demise your father would be his legal heir
Heirs if there are no children
My dad has one younger brother (My uncle) Married with no kids. My uncle's wife has a sister and she is married with two kids. My Uncle was given money to buy a house from selling all my ancestoral properties before he was married. (My father did not fight it). My uncle and his wife have accumulated some lands on their own earnings (dual income). Now assuming there is no will, who is the legal heir for all these properties? Do I get to claim rights to the house bought from my ancestoral properties' selling, even if it is against the will ??
Asked 2 years ago in Property Law
Religion: Hindu
9 Answers
You have no claim on thee properties. After the death of your uncle his wife will inherit all.
Nobody can claim any rights over your uncle's properties during his lifetime.
After his lifetime his wife will be the successor in interest to succeed to his estates.
If your father had given money to your uncle to purchase property, then your uncle is the absolute owner of that property and it will not come under ancestral property.
Understood that I have no rights over that. Assuming , both my uncle and aunt did not have any will, who will get all their properties after both of their lifetime ?? Since they have no children.
Asked 2 years ago
it depends upon who dies first . as mentioned earlier if uncle dies intestate aunt will inherit the property .
if aunt dies intestate first then uncle will inherit the property and on his demise your father will inherit all his properties
It depends on the nature of acquisition of property by each to be succeeded by the respective legal heirs.
The property acquired by your uncle would be inherited by his class I or II legal heirs, similarly the property acquired by your aunt would devolve on her own legal heirs in the given situation.
Upon the class-ii heirs of your aunt if she dies after your uncle.
Dear client,
The Hindu Succession Act, 1956 governs inheritance rules in India. The legal heirs of your uncle and his wife will be decided by their Hindu status if there is no will. If there are no children, the surviving spouse, siblings (such as your father), and their offspring make up the Class I heirs. Self-acquired property is typically considered differently from ancestral property when it comes to the residence purchased with earnings from ancestral property. Since the money from the sale of the ancestral property were used to purchase the house, it's possible that the property was self-acquired, which would disqualify you as a legitimate heir. If your uncle and his wife die without a will, any surviving Class I heirs, such as your father's siblings, may receive their properties.
Hope this helps you.
- As per law, an ancestral property cannot be sold without taking the consent of all the legal heirs.
- However, after getting the share in the property , the legal heirs have their right to sell the property as per his own wish.
- Hence, if there was only two legal heirs i.e. father and uncle , then the said sale of property was genuine and being during the life time of father , you have no right to claim the same.
- Further, after the demise of uncle and his wife without leaving a Will , their property can be claimed by your father and other nearest 2nd class legal heirs.
All the persons who are legal heirs to the source of funds and earlier ancestral property can claim their rights if the said transaction is without their knowledge and consent
