Legal Question in Wills and Trusts in India

Desertion

Ours is a Hindu Family. father deserted the family about 23 years ago. Alive but stays away. Never visited family thereafter even on death of his mother, his wife and one of his sons. One of his sons is in touch with him for sending him his support money.Can he claim right to the estate left back by the deceased? Can he fall in the category of legal heir of the deceased? The deceased had died intestate. Please also cite some judgements.


Asked on 12/29/06, 6:48 am

2 Answers from Attorneys

Re: Desertion

As per Hindu succession Act When a hindu dies intestate then firstly all legal heirs falls in class-1 including his sons,Wife,Daughter, Mother etc. are entitled to share in all his properties.Hence, in instant proposition all sons,daughter if any, and in case if any son had predeceased him then his(son's)legal heirs are entitled to have share in the properties of your father being class-1 legal heirs.Desertion by your father does not affect the rights of sons.

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Thanks.

Siddharth

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Answered on 12/29/06, 11:54 am
Jayesh Desai Jayesh Desai

Re: Desertion

No Judgements are necessary - by law he is entitled to inherit - see schedule to the Act.

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Answered on 12/30/06, 1:26 am


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