• Next to kin in case of death of the owner who is widower, issueles

My maternal uncle died as widower and issue less last year.Now a dispute arises regarding his land property among the family members. Deceased has 3(three) sisters and 2(two) brothers.Out of these three of them are still alive.My question is who are the legal heir or next to kin of the land ?
Asked 2 years ago in Property Law from Silchar, Assam
Religion: Hindu
On demise of your maternal uncle his surviving brother and sisters would inherit his property equally 
Ajay Sethi
Advocate, Mumbai
38816 Answers
2176 Consultations

5.0 on 5.0

Hi, Now brothers and sisters are the legal heirs of your late maternal uncle.

2.Suppose your maternal uncle sister or brother already died so his/her sons and daughters can claim the share.
Pradeep Bharathipura
Advocate, Bangalore
4450 Answers
191 Consultations

4.3 on 5.0

Only the living siblings are entitled to acquire inheritance of their brother. The deceased siblings if died prior to death of this man then they or their legal heirs will not inherit anything from your maternal uncle.
Devajyoti Barman
Advocate, Kolkata
10772 Answers
134 Consultations

5.0 on 5.0

All the siblings of the deceased succeeded to his property on his demise. Brothers and sisters succeed equally to the share of their deceased sibling. The share of 2 deceased siblings has further devolved on their legal heirs.
Ashish Davessar
Advocate, Jaipur
21827 Answers
595 Consultations

5.0 on 5.0

1. Assuming that your maternal uncle died intestate (without executing WILL), then his parents (if alive), 3 sisters and 2 brothers are entitled to equal share in the property.
2.If parents of maternal uncle are not alive, then the property would devolve equally to 3 sisters and 2 brothers in the ratio of1/5th share each.
3.Out of 3 sisters and 2 brothers if any body is deceased, then his or her 1/5th share would devolve to the spouse and children.
Shashidhar S. Sastry
Advocate, Bangalore
1529 Answers
99 Consultations

5.0 on 5.0

As the deceased has no successor in the form of class I legal heirs, the surviving class ii legal heirs  i.e,. his father or brothers or sisters etc can inherit the property however they may have to obtain succession certificate through court if there is an objection while applying for transfer on their names or mutating the revenue records. 
T Kalaiselvan
Advocate, Vellore
28811 Answers
299 Consultations

5.0 on 5.0

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