Legal Question in Civil Litigation in India

Mr. Arun Mrs. Radhika, a couple had no child. Mr. Arun had purchased all property in the name of his wife, Radhika. Mr.Arun died in 2010 and and Mrs. Radhika also died in 2012. Mrs. radhika was the only owner of the properties of deceased husband Mr.Arun. There is no 'WILL' prepared by either Mr Arun or Mrs Radhika.

The entire properties are in the names of Mrs. Radhika. My questions are as under.

1. Can sisters and brothers of Mr. Arun claim the properties of Mrs Radhika.?

2. Can Sisters and brothers of Mrs. Radhika the properties of Mrs Radhika.?

3. Can Sisters and brothers of Mr. Arun and Mrs. Radhika claim the properties of

Mrs Radhika.?

Please Guide


Asked on 2/10/13, 9:11 am

4 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

The answers are here in below:-

1) No.

2) YES

3) See answer 2

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Answered on 2/10/13, 11:23 pm
Fca Prashant Chavan Expert Edge LLP

11.02.2013

Dear Sir / Madam,

(Baranpura, Vadodara, Gujarat)

In view of the property lying "intestate" (without a Will of the owner(s), the first right goes to the parents of both the deceased, if they are alive; sisters and brothers of both the deceased have an equal right to partition the property, if the parents of both the deceased are also no more.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 2/11/13, 1:39 am
Jayesh Desai Jayesh Desai

For Intestate Succession as per Schedule the Property devolves.

And as per Entry II in Class II, Sisters and brothers of Radhika alone will take the property.

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Answered on 2/14/13, 12:39 am


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