Free Legal Advice - family dispute
Posted by: Archana Gupta
Posted on: 2018-09-07
Hindu Succession Act, 1956 shall apply in this case. As per the act if a person dies without making any will his property shall have devolved upon his Class -I legal heir which means son, daughter, mother, wife etc in equal proportion and if none of the class- I legal heir is alive then the property shall devolve upon firstly upon Father. If the father is not alive then brother shall be entitled. So, in this case, if none of the children of the deceased brother is alive then the father shall be entitled to his property and even if he is not alive then all the remaining brothers shall be equally entitled.
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