• Property of unmarried uncle

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 ?
Asked 4 years ago in Property Law
Religion: Hindu

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31 Answers

His property will get distributed among all siblings i.e. brothers and sisters.

Ganesh Kadam
Advocate, Pune
12997 Answers
264 Consultations

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. 

Devajyoti Barman
Advocate, Kolkata
23351 Answers
523 Consultations

On uncle demise your father and his siblings would inherit his property equally 

 

it is immaterial whether sister is married or widow 

Ajay Sethi
Advocate, Mumbai
97608 Answers
7901 Consultations

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.

T Kalaiselvan
Advocate, Vellore
87810 Answers
2365 Consultations

Dear Client,

The Property of your diseased brother will be equally devided between all the sisters and brothers.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

All would be sharing equally as per their class in Hindu Succession Act 1956.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Hello,

  1. The property of the deceased unmarried uncle will be inherited in equal measure regardless of their gender and marital status, provided he has not left behind any Will.
  2. If the mother of the deceased person is alive still, she is also entitled to an equal share with the siblings. 

S J Mathew
Advocate, Mumbai
3602 Answers
175 Consultations

All his siblings will inherit equally. Marital status dose not effect sisters inheritance right. All have 1/6th share each.

Yogendra Singh Rajawat
Advocate, Jaipur
23012 Answers
31 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

Yes sister and brothers will get equal parts. If brother dead his widow will get his share

Prashant Nayak
Advocate, Mumbai
32939 Answers
209 Consultations

It depends on nothing.

Every sibling gets the equal parts.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

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. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

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.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

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

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

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. 

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

Sister has to execute registered gift deed For her share in property 

 

mere signature on paper is not sufficient 

Ajay Sethi
Advocate, Mumbai
97608 Answers
7901 Consultations

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. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

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

Prashant Nayak
Advocate, Mumbai
32939 Answers
209 Consultations

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.

Ganesh Kadam
Advocate, Pune
12997 Answers
264 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

File partition suit.

Yogendra Singh Rajawat
Advocate, Jaipur
23012 Answers
31 Consultations

And dont let sister sign and register any transfer document 

Yogendra Singh Rajawat
Advocate, Jaipur
23012 Answers
31 Consultations

Yes, all his siblings i.e., 4 brothers and 3 sisters will have equal share in his property.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

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.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
87810 Answers
2365 Consultations

sister consent required to execute gift deed or Relinquishment. 

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

If the sister is ready than only he can take her share otherwise not 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Yes he can take share of sister if she is ready to give consent.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

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.  

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

He may take his sister's property if she gives her consent. He cannot do so fraudulently.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

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