His property will get distributed among all siblings i.e. brothers and sisters.
My Uncle ( Father's brother) passed away recently. He was never married. He had 7 siblings ( 4 brothers and 3 sisters). How will his property be distributed ? Will his sister get an equal part ? Will it also depend upon whether sister are married or widow ?
Since he died bachelor and intestate on his death his property would be liable for division in equal share among his 7 siblings and mother, if still alive.
The marriage or marital status of sister has nothing to do with this.
On uncle demise your father and his siblings would inherit his property equally
it is immaterial whether sister is married or widow
If his mother is also not alive then it will devolve on his class II legal heir in the following order
Father
Son's/daughter's son
Brother
Sister
Daughter's/son's son
Daughter's/son's daughter
Daughter's/daughter's son.
Dear Client,
The Property of your diseased brother will be equally devided between all the sisters and brothers.
All would be sharing equally as per their class in Hindu Succession Act 1956.
1. IF deceased uncle had not prepared any WILL, THEN "ALL" his residual Legal Heirs are entitled to claim EQUAL share in all property standing in name of Uncle, without any exceptions, whatsoever .... (which includes married or unmarried or widow sisters).
2. IF deceased uncle had duly prepared his WILL (with minimum two witnesses), THEN property shall be distributed according to the wishes recorded in the will.
Hello,
All his siblings will inherit equally. Marital status dose not effect sisters inheritance right. All have 1/6th share each.
- After the death of your unmarried uncles without leaving a WILL , his property would be devolved upon his father, mother , brother & sister.
- Hence his property can be claimed by all 7 siblings and parents if alive equally.
- Yes, his sister will get equal part , even married.
1. If mother is alive then she will inherit properties of deceased.
2. Otherwise property will get equally distributed among his siblings.
3. Yes sisters will get equal shares and it doesnt matter that they are single, married or widow.
His property would go back to where it came from ie his ancestors and tgen distributed amongst his siblings and his parents. Sisters have a share.
In the event brother who is unmarried dies intestate (without making a will), married or unmarried sisters and brothers will get the property as per Hindu Succession Act,
Dear Sir/Madam,
You are suggested that all the six siblings of the uncle will get equal share irrespective of the fact that the sisters are married or widow.
One of my uncle is cunning. He is saying that he will take away his sister's share by taking her signature. Can he do it ? What kind of legal action can we take against him ?
Sister has to execute registered gift deed For her share in property
mere signature on paper is not sufficient
1- Please state what kind of property are you referring to 1) Self acquired 2) Ancestral property?
2- The property would devolve upon legal heirs as per the classification of property and ownership of property of living or dead.
3-You may take both Criminal and Civil action against your cunning uncle provided you furnish us the details of class of property held and sought to be transferred.
You can file a complaint of forgery and cheating. You can file fir also with police. In civil side you can file suit for cancellation of the said sale or transfer deed
If that sister is willing to give her share to that brother than its okay. But he can't take her share forcefully. If he is asking forcefully her share than others can ask relinquish deed from her to her brother's name.
- Since your sister is also having equal share in the property , hence none can take her share without getting registered Gift deed or Release Deed from her
- If the said uncle forged any document after taking her signature , then she can file a compliant before the police station , and further can also file a suit for partition for getting her share in the property legally.
If your said uncle forges any of his sister's signatures without their knowledge / consent, then he is liable to face criminal proceedings.
Intimate all your aunts about their rights. Advise them not to sign any paper without verifying the contents and taking second opinion.
Let him tell anything.
Her cannot take away her share of property by just obtaining her signature.
It is not an illiterate world that he can fool around people as per his whims.
You dont get scared about his gimmicks.
You allow him to do this mistake after which you can book him for the cheating offence.
You are suggested the said uncle can do the same if the sister is agree for the same. No legal action can be taken if sister is ready and willing to give her share of property. But if the consent of sister is obtained by fraud, coercion or undue influences, the same can be challenged and the said uncle may not take the share of his sister.