1. Owner left no widow or children. X is a nephew.
2. Owner leased his house to a tenant but died while the lease was in operation. The lease deed is the only legal document available in which the Owner had indicated a specific person by name as his heir and successor. The other claimants are his brother and other nephews and nieces.
3. The event occurred in India.
4. Is X the legal heir in this situation?
2006-11-20 00:52:38 · 4 answers · asked by anil k 1 in Politics & Government ➔ Law & Ethics
If the property is in the U S and the person died intestate than the laws of succession will apply. Under this law the brother would have first claim on the property.
2006-11-20 00:58:08 · answer #1 · answered by Cain 3 · 0⤊ 0⤋
This is surely governed by Indian law?
It's a funny lease if it names a person as the successor of the deceased. Normally successors in title are unnamed individuals, as it is quite foreseeable that property will change hands and the landlord would have been entitled to sell at any time while he was alive. Could this lease possibly (under Indian law, of which I know nothing) have constituted a declaration of trust?
In the UK if a person dies intestate leaving a brother and nieces and nephews, the brother takes all.
2006-11-20 01:42:23 · answer #2 · answered by Doethineb 7 · 0⤊ 0⤋
I presume its similar to UK, there are normal rules for the distribution starting with immediate family and find various people to administer the estate, the naming in the lease should only have effect as an indication of wishes, but will not have any effect since like the UK the Will is subject to various formalities which have to be met before anything can happen.
All the claimants only have claims of income from the property and not the property itself, if the one person who has a share, he will hold the income for himself and trust for the others who are proved to be entitled to it.
2006-11-21 11:14:14 · answer #3 · answered by logicalawyer 3 · 0⤊ 0⤋
If the property owner specified x as his heir on the lease then so be it whits the problem ...family who else don't know about the rest of his estate ....but Indian law very similar to British ...could take years good luck
2006-11-27 10:24:34 · answer #4 · answered by bobonumpty 6 · 0⤊ 0⤋