Legal Question in Real Estate Law in India
(1) If the brother is passed away during the pendency for succession certificate to the self acquired property of his unmarried and issueless sister who died intestate. whether his right being Personal Right under Personal Law will come to an end by his death or pass to his LRs ;
(2) Whether employed as well as married sisters have right to self acquired property of her unmarried and issueless sister who died intestate, If their brother is survival;
(3) If the sisters have relinquished their right in favour of her brother in the succession court and he is passed away during the pendency for succession certificate to the self acquired property of his unmarried and issueless sister who died intestate. Whether the right relinquished by his sisters in his favour will be extinguished by his death being personal right or will be passed to his LRs.
Sir, I am a Senior Citizen and defending this case myself. Please
help me to answer as early as possible. I shall be much obliged to you.
�Thanking You�.
1 Answer from Attorneys
in law of succession, the property has to devolve first to class I heirs and then class II heirs...in your case, all the brothers and sisters are entitled to equal share of unmarried and issueless sister who died intestate. in case one of the heirs has relinquished the share, the relinquishment would stay and the share would go to legal heirs of the deceased brother in whose favour the share was relinquished.
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