WHO IS THE LEGAL HEIR IN CASE OF SUDDEN DEATH OF MARRIED MALE HAVING NO WILL? FAMILY CONSITS OF HIS WIDOW, 1 MINOR SON & 1 MINOR DAUGHTER & MOTHER ALSO...............PLEASE REPLY
Ankit
(CA, CS)
(3064 Points)
Replied 21 June 2012
Dear Aditi,
Legal heirs are well defined in the Hindu Succession Act 1956 . All the relations are categorised into two classes called class I and class II. The first right on wealth is of Class I heirs. Only if there is no one available in Class I, then relations under Class II can claim their rights. If Class I & Class II both are missing , in then there is something called Agnates and Cognates , but we will talk about it in sometime. For now lets understand Class I & Class II heirs.
Class I relations
the act requires the division of the property as follows. the example will make it clear
Lets say Ajay is dead without a will and he has 5 people in his family
- Wife
- Two son
- One daughter
- Father
In that case his wife, 2 son and 1 daughter will come under Class I , but his father will come under Class II , in that case all the 4 people under class I will get equal share in his wealth. So Wife will get 25% of the wealth, First son will get 25% , second son will get 25% and daughter will also get 25% of the wealth (married or unmarried) .
hope you find this useful.
ANKIT
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