A man of 52 dies of a cardiac arrest. He is survived by a wife, a son and a daughter and his mother. He also has two elder sisters who are married and settled. The guys mother is living with the daughters.
2007-10-30 04:09:51 · 10 answers · asked by ak_bereaved 1 in Politics & Government ➔ Law & Ethics
I hope this is with regard to a Hindu person & his family. As the rule goes & it is understood that this person died intestate i.e. died without leaving any will, the widow of this person, son, daughter & his mother are the only people who gets share in the property of this person according to section 10 of the Hindu Succession Act, 1956 Distribution of property among heirs in class 1 of the Schedule. - The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-
Rule1.- The intestate’s widow, or if there are more widow than one, all the widows together, shall take one share.
Rule 2.- The surviving sons and daughters and the mother of the intestate shall each take one share.
Rule 3.- The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.
Rule 4.- The distribution of the share referred to in Rule 3-
(i) among the heirs in the branch of the pre-deceased son shall be son made that his widow (or widows together) and the surviving sons and daughters get equal portions, and the branch of his pre-deceased sons gets the same portion.
(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.
As far the two sisters of this person is concerned they are class II Heirs & they do not get any share as per section 9 of this Act, Order of succession among heirs in the Schedule.- Among the heirs specified in the Schedule, those in class I shall take simultaneously and to the exclusion of all other heirs, those in the first entry in class II shall be preferred to those in the second entry, those in the second entry shall be preferred to those in the third entry, and so on in succession. The question that the mother of this person lives with her daughters makes no difference in such distribution of his property.
2007-10-30 05:38:58 · answer #1 · answered by vijay m Indian Lawyer 7 · 5⤊ 0⤋
If there is no will it depends on the state in which he lived. In most states the wife gets 1/2 and the children split the remaining half. The mother and elder sisters get nothing.
2007-10-30 11:14:17 · answer #2 · answered by Anonymous · 1⤊ 0⤋
there are several angles to this question. 1st- whether the man is Hindu or Muslim. 2nd- whether the man died leaving a will or without will. If the man died without will then question of entitlement will arise otherwise not. In case of the man's intestate death and if the person was a Mohammedan, his property will devolve to his surviving relatives as per Mohammedan Succession Law and formula and if the person was a Hindu then his 1st class heirs will get the same in equal ratio.
2007-10-31 12:48:13 · answer #3 · answered by manish.paul27 1 · 0⤊ 0⤋
There are three ways of disposing of the assets of a deceased.
1- When the deceased died intestate and without leaving behind any legal heirs, the property goes to the state.
2- When the deceased has left a Will duly witnessed whether registered or unregistered, the assets of the deceased goes accordingly.Of course if there is no dispute amongst the legal heirs.
3- When a deceased died intestate leaving behind his/ her legal heirs, the property goes as per the law which prevails as per his religion.i.e in case of Hindus, Hindu law will prevail, in case of a Muslim, Muslim law will prevail and in other case Indian Succession Act will prevail.
Therefore if the man which you are talking about died without leaving a Will, the legal heirs must obtain a succession certificate from the competent court.
It is advisable to contact a good lawyer in this regard.
..........................
2007-10-30 11:54:08 · answer #4 · answered by ♪¢αpη' ε∂ïß♪ ♥♥♥♥♥♥♥♥ 6 · 1⤊ 0⤋
The Wife would be the main person who would be entitled to his wealth and when she dies then the children would be entitled to her wealth unless she remarries. I don't think his mother is entitled to anything unless there is something stating so in a will.
2007-10-30 11:31:25 · answer #5 · answered by 24Special 5 · 0⤊ 0⤋
Without a will, his next of kin will inherit. Next of kin goes like this: Spouse, children, parents, brothers and sisters. So in this case his wife would be entitled, but the others do have the right to take her to court if they want to. Found all this out after my Mom died.
2007-10-30 11:16:11 · answer #6 · answered by carmeliasue 6 · 0⤊ 0⤋
If he had a will, then the wealth is apportioned pursuant to that.
If he did not leave a will (meaning he died intestate), his wealth will be distributed according to the statutory law of succession. These laws vary according to what state one is in, but most assuredly, in this case, his wife should get his wealth.
2007-10-30 12:20:49 · answer #7 · answered by John Tiggity 2 · 0⤊ 0⤋
If he dies without a will, his wife would be the first in line.
2007-10-30 11:16:50 · answer #8 · answered by fangtaiyang 7 · 0⤊ 0⤋
I f it is the self acquired property and if there is no written "Will" it will go to all his legal heirs i.e. wife and ccchildrenh, if not it will be shared by all the members of his joint family.
2007-10-30 11:32:12 · answer #9 · answered by geeyen 7 · 0⤊ 0⤋
Unless he specified in a will to whom it should go to, the money goes to his wife. Should she die too then it goes to his kids.
2007-10-30 11:16:16 · answer #10 · answered by Muschi 7 · 0⤊ 0⤋