Legal Question in Intellectual Property in India

The mentally challenged persons are not deprived of succession or inheritance of property. Under the Hindu Succession Act, 1956 which applies to Hindus it has been specifically provided that physical disability or physical deformity would not disentitle a person from inheriting ancestral property. Similarly, in the Indian Succession Act, 1925 which applies in the case of intestate and testamentary succession there is no provision which deprives the challenged persons from inheriting ancestral property.

According to Hindu Succession Act, the property of a male Hindu dying intestate shall devolve firstly, upon the heirs, being the relatives specified in class I of the Schedule of the Act, which includes the sons, daughters and widow among others. As per Section 28 of the Hindu Succession Act, any defect does not disentitle a person from inheriting the ancestral property.

Therefore, the ancestral property of your parents would be divided equally among your wife and her brother.

You can call me at 09555 507 507 or send me a mail at [email protected]

-Regards

Advocate Pooja

www.lawkonect.com