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  • Category: Lawyers

    Who are the legal heirs of an unmarried woman


    Want to know if you are a legal heir of an unmarried relative? Find out through expert advice if this is the case and whether or not you are entitled to that relative's pension and property after her death.

    My father has one sister. She is unmarried and an Odisha government service holder. She is getting Rs.32,000 pension per month. I am the only daughter of my parents. I want to know who is the legal heir of my aunty's pension and property. I am the only child of my parents and the only one of my aunt. There is no child on their side. Can I be a legal heir of my aunty's pension after her death?
  • Answers

    10 Answers found.
  • Section 15 of the Hindu Succession Act,1956 gives about the legal heirs of an unmarried woman. The list will be as follow.
    1. The parents of the person will be the legal heirs of her property.
    2. If any of the parents are not alive, her siblings will be the natural legal heirs of the woman.
    3. If the siblings are not there, then their children will become the successors for her.
    4. If there are no siblings, legal heirs of the father will be the legal heirs of that lady also.
    5. If the father is not having any living legal heirs, her mother's legal heirs will be the legal heirs.
    6. If the lady is having self-acquired property she can make a will and give it to anybody as per her wish.
    7. If it is ancestral property it will be decided as per the list given above.
    8. The lady might have declared somebody as a nominee when she saves some money in the bank and the nominee will get that money after her death.
    9. Whatever money she will get from the government will go to the legal heirs as mentioned above. The person has to get the legal heir certificate from the concerned authority and then as per the procedure the legal heir should apply.

    drrao
    always confident

  • You have indicated that you are the only child of your father and in this case, you are entitled to get the ancestral property of your father. Take a note of the situation that your father is having a sister and so the ancestral property is to be divided into two parts equally and you are to benefited with the father's property only unless your father is not making any will of his property transfer to someone else which he might have made his mind.
    Now relating to the property of your aunt, you cannot claim any part of it unless she is determined to transfer the same in your favour with the consultation of a lawyer. Such a documentation favouring transfer of property will be effective only after her death.
    The other way could be to take your aunty into confidence and develop intimacy with her. She might include your name as a nominee of her bank account. If that happens, you would be enjoying all her possessions.

  • Thanks for your reply, sir. But my concern is Can I get aunty's (father's sister) pension after her death? If she is ready to will me. I am also married having 34 years old.

  • Pension is payable to the pensioner till his death. After the pensioner's death if there is provision for Family Pension, then the designated family gets the family pension.
    As an unmarried person do not have a family which in normal general terms is spouse, and if spouse is not alive then unmarried son or daughter (subject to certain conditions) .
    However if the pensioner was unmarried then family pension can be given to surviving parents if the parents were wholly dependent on the pensioner and the pensioner govt servant is not survived by spouse or an eligible child.

    Pension cannot be claimed as the property of the deceased. Pension cannot be nominated too. In the present case you are not eligible to get the pension of your unmarried aunty . You cannot claim it legally also.

    But for other properties and assets(other than pension) owned by her, you may be able to get legal heirship by following the proper legal procedure for establishing your eligibility. This also depends that there is no other person claiming or contesting. In that case you will also be responsible for her liabilities(if any)too.
    However if the person(here your aunty) has made a will or given specific nomination, then those designated properties will be entitled to the persons named in the will or nomination.

  • Dear Krisna,
    In no way, you are to enjoy the pension which your aunty is receiving. The case would have been different in case you were her daughter since there is the provision of extending the family pension to the legal heirs.
    The case of transfer of movable/ immovable property favouring your name is admissible due to the will made in favour by you acceptable to the court. If your aunty has entered the names of others in this connection, the same is to dividend equally.

  • As per Hindu succession act 1956, there are many rules of legal heir. As mentioned above, you are single child of your father so you are entitled to your father's property not aunty's property. According to rule, your aunty's parent can take advantage of daughter's pension. If parents are not alive then your father can claim for her property. You are entitled to aunt's property then only when she nominate you as nominee. Without her will, you are not eligible to her property.

  • Thank You Very Much.

  • I got your point. But if my Aunty (Father's sister) will adopt my husband in pen and paper like an adopted son, then can he eligible for the legal heir of pension after her death? Even my husband does not have any job.

  • The property of an unmarried woman will be as per her will which she might had made earlier about the distribution of her property after her death. In case there is no will then there is an order of distribution as per the existing laws and as per the Hindu Succession Act the first preference would be her children and husband which is of course not applicable in this case. The second preference is parents of the woman who are also not there (as they are not alive) in this case. The next preference is the heir of the parents. In that category only your father and you fall. So, in this particular case that person who is the heir to your aunt is you so you are entitled for the property of your aunt.

    Family pension is given to the next of family member like the husband or in absence of the husband the children if they are not having any job. Now your aunt has no children and if she adopts a child under the legal formalities and registration then that child becomes the contender of the family pension. But we have to find from the Odisha state Govt pension rules as who are the defined beneficiaries and if that allows for an adopted child also then your husband can get that family pension.

    In case your aunt adopts your husband as his son then the property about which we have talked above would go to him and will not be in your name. After adoption he becomes the preferred legal heir. That might not be a worrisome thing for you as for you it does not matter whether your husband gets the property or you get it but you must make a note of that point as ownership and name in the property inheritance are the tricky things.

    Knowledge is power.

  • Thank you for your valuable reply sir.


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