Who is the authorized inheritor of a person dying intestate?

How will the property of a person who has died intestate and is survived by an elder brother having sons and a daughter, in addition to the sons of a predeceased elder sister,  be divided? Do the sons of the late sister have equal rights as these of the elder brother?

—Name withheld on request 

Assuming the household is Hindu by religion, the Hindu Succession Act, 1956 (HSA) units out how the property of a Hindu male dying intestate (i.e. with no will) would devolve. 

Your question infers that his dad and mom will not be alive/predeceased him, and likewise that he’s not survived by his spouse and youngsters (i.e. his Class I heirs beneath the HSA).

As there isn’t any Class I heirs alive, the property of the deceased can be distributed among the many Class II authorized heirs. Hence, the surviving siblings of such deceased brother (as class 2 – Class II authorized heirs) would take an equal share within the deceased brother’s property, to the exclusion of different kin.

No share within the late brother’s property would devolve upon the surviving brother’s heirs (i.e. his daughter and sons), so long as such brother is alive. 

Likewise, for the reason that deceased is survived by his brother, the late brother’s property is not going to devolve upon the heirs of the predeceased elder sister (i.e. her sons).

Accordingly, on this case, the property of the deceased brother will devolve upon the surviving brother, to the exclusion of all different heirs.

Rishabh Shroff is companion, Cyril Amarchand Mangaldas.

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