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  • Category: Indian Law

    How will the property of my sister be shared, who was unmarried,died intestate.

    Finding a problem to sort out the issue of settlement of property of an unmarried and who died without a will? Follow the views of our experts in this page and let us see what they suggest.

    My parents are not alive. I have my elder brother alive.
    My four sisters have also expired leaving their children. Now my last and 5th sister, who was unmarried has died intestate. She has her house and also her bank account. How her property will be distributed. Please advise.
  • Answers

    3 Answers found.
  • If the house and bank account amount is self-earned, she has every right to give it to anybody whom she likes. When the bank account is opened she might have mentioned somebody as the nominee. The nominee will be the person who will receive the amount from the bank.
    Coming to the house subject, if she has not mentioned anything about the property anywhere in writing, the legal heir will get the property. The MRO of your area will issue the certificate. As far as my knowledge goes you and your brother both will become the eligible candidates. You have to approach MRO and give him the representation asking for a legal heir certificate. He will send his people for enquiry and basing on the objections raised by the other kith and kin and on the facts he noticed he will decide and give you the required certificate. Once you get the certificate you will become eligible to share the property.

    always confident

  • For a Hindu female, dying intestate, the succession law for inheritance is:
    1.Children, husband
    2.parents (father & mother)
    3.Heirs of father & mother.

    In the present case, as the deceased was unmarried, died intestate(without keeping any will) her assets will be inherited by the heirs of her father, i.e her siblings .
    If there are no others to claim her assets, then her assets will be shared by you and elder brother. But one of you can give a consent in favour of the other if he so desires.
    As per the value of the assets, you may have to get a legal heir-ship certificate(if the value of the assets are very less) or Succession certificate if the value is more . I presume that as she had her house property and bank accounts, you may need to apply for succession certificate.

    Succession certificate is to be obtained from the district court who has jurisdiction of the place where he person deceased resided. It may take some time to get a succession certificate.
    Before that be ready with the death certificate, details and value of all the assets of the deceased, including stocks and shares, gold, silver,etc, bank deposits, landed property etc. Also get the details if the deceased had any liability both statutory and otherwise and to whom it is owed.
    There is some prescribed fees for petitioning for succession certificate.
    The court may publish a public notice. After waiting for the prescribed number of days , and ensuring that there is no contra claim by any other person, the court may grant succession certificate.
    It is suggested you take the help of a known and experienced reputed lawyer. You should also monitor the matter regularly with the lawyer, and be present in the court when summoned by notice.

  • The self-acquired property of a person after his or her death is distributed as per the will left. In absence of the will the natural heirs will get the share of property.

    The bank fixed deposits, LIC policies, Post Office deposits and other similar instruments are given to the person whose nomination is made in those respective accounts. The nominated person becomes the beneficiary of those assets. These are not shared among the heirs.

    The ancestral property held by the deceased goes to all the contenders like sons and daughters in equal proportion as that is not acquired by the present generation and is instead inherited.

    These are the basic premises on which the distribution of property and movable assets is performed.

    In complicated cases one can take legal advice from the lawyer to avoid any confusion or confrontation.

    Knowledge is power.

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