Property related query - We belong to Hindu family
1 year ago
We belong to Hindu family. My mother had a second marriage. My mother expired in 2018.My father(my mother's second husband who also had his second marriage with my mother) expired in 2021.My step brother(his own biological mother was the first wife of my mother's second husband) expired in 2022.My step brother had no other brother or sister except myself and was unmarried. My step brother's grand mother who expired in 2012 gifted her property in 2011 to my step brother who had made a joint venture with a property builder with that gifted property and got 2 flats.There is no will made by my step brother.Only one aunt(sister of his biological mother) is still alive of my step brother.
Now as my mother,my father(2nd husband) & my unmarried step brother expired so can I claim those 2 flats which is in my step brother's name or his aunt can claim the property?
You try for it, it depends upon various factors. Only after leading evidence it can be decided. The law is as follows:
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Section 8 of Hindu Succession Act:
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General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
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