Legal Question in Real Estate Law in India

My father's sister (MY BUAA) who was "unmarried" & having self earned property died intestate recently. Both her parents are no more. Out of three brothers, two of her brothers are surviving while the rest are no more. Please clarify as to who will be the legal heirs. Are only the living brothers, the legal heirs or children of the predeceased brothers will also be entitled to become legal heirs as per Hindu Succession Act. I am son of predeceased brother.


Asked on 7/17/11, 9:01 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

You may consider getting a Release Deed executed by your sister Pune with a Special Power of Attorney only for the purposes of admission of execution and other registration related formalities in favour of some other relative.

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Answered on 7/17/11, 9:27 pm
Shrichand Nahar S.V.Nahar, Advocate

Sorry, answer of some other question got written here. Following is reply to your question:

Please see section 15 of the Hindu Succession giving general rules of succession in the case of female Hindus.

As per this section, in the absence of any son/daughter, manner of succession would depend on source of said property.

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Answered on 7/17/11, 9:33 pm


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