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  • Category: Indian Law

    Legal heirs of an unmarried woman


    Are you in a legal dilemma? Want to know the legal heirs of an unmarried woman? Here, you can read responses from experts and get a resolution to the dliemma.

    My father was having two elder sisters. One of them was unmarried and and stays with my father while another one was married and having two sons.
    One daughter died on 2001 and afterwards the other unmarried sister who was living with my father passed away on 2009. Now after my father's death on 2014
    The son and daughter of that married elder sister are claiming the property of my father's unmarried sister who died long after their mother. Can you suggest whether their claim is legal or not?
  • #145349
    All the sisters and brothers will have rights on the property of their unmarried sister/ brother. That is why generally what they do is they adopt a boy or girl from his/ her brother's/ sister's children. Then the adopted person will become legal heir for her. If the property is her own earned and if she has written a will mentioning about her will to give to the persons.
    So other sister's children can also claim their right. It is legal only. But if the amount is in bank and if she has declared any nominee that nominee will get that amount. You better look in to all these aspects and try to consult a lawyer in your place who will guide you as deemed fit.

    drrao
    always confident

  • #145357
    As a layman, I can only state that the brothers and sisters of an unmarried lady are her natural heirs. However, if the unmarried lady made a valid will before her death, her property will be divided as per the will. So, the children of other sister of the unmarried lady (now deceased) can claim their share in the absence of any will. On the other hand, if she made anyone nominee of her bank account, mutual fund proceeds, etc., the nominee would get the amount kept in bank account, mutual fund, etc.
    Caution: Explosive. Handle with care.

  • #145367
    According to section 15 of the Hindu Succession Act,1956 provides general rules of succession in the case of female Hindus are given below-
    (1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,-
    (a) firstly, upon the sons and daughters and the husband
    (b) secondly, upon the heirs of the husband
    (c) thirdly, upon the mother and father
    (d) fourthly, upon the heirs of the father
    (e) lastly, upon the heirs of the mother.
    in your case since your father sister was un married and had no children or husband and it was self acquired property her share will go to her sister and her brother children

  • #145401
    The property of unmarried sister is rightly claimed by the children of the married sister as per the prevailing legal framework.

    There are certain things which are also to be clarified in this context. In case the unmarried sister had written a valid will in favor of some other person or in particular even in favor of only one of the children of her married sister then that will is to be honored at the first instance.
    Another thing is if the unmarried sister had some money in bank or LIC or Post Office in any account then the nominee of that account will be the first beneficiary of that particular amount. Only in absence of nomination it goes to the legal heirs. These things are to be seen in details for proper sharing of property among the claimants.

    Knowledge is power.

  • #145408
    But how the married sister inherit the property when she was not alive at the time of intestate death?1956 in chpter 2 under section 27 is saying the heir disqualify to inherit the property if predcecese at the material time,
    secondly in 10 it written full blood is preferred than half blood, ,
    Now at the time of intestate death her father s
    legal heirs are my father alive n the married sister predeceased by the act of 27 and 10
    disqualifies to inherit the property then how the cognates can claim the property when intestate brother was alive at the time of her Death.

  • #145476
    As per the law it is very clear that the property of a unmarried lady goes to the nearest brother/ sister or their offsprings. It is a general understanding also from common sense.
    Now the unmarried mother might had some valuables in bank locker or money in banks or other financial institutions or share market. If so that is to be seen as per the law of nomination and law of will which means that they will be going to the person in whose name will or nomination is made respectively. It is also to be noted that nomination can differ from case to case and accordingly the beneficiary will be decided.
    In absence of these things ( will and nominations) naturally the children of other sister have claim over those assets.

    Thoughts exchanged is knowledge gained.


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