Response

The deseased brother if was unmarried, then according to the provisions of the law the sister is entitled to receive the share in the property. But, if the deseased brother had left behind his wife or childrens, the sister cannot claim the share first.

Also the sister has the right to claim the share of the brothers property if not self acquired. As if the property would be self acquired, the deceased would have the rights to transfer as per his will. But if it were to be an ancestral property that had been acquired then it shall be divided equally amoung all the heirs present according to the shares.

According to the provisions of law, brothers and sisters belong to class 1 Heir and in the class 1 heir the distribution rules states that must be divided equally and also mentions that sons and daughters belong to the class 1 heir.

According to the hind sucession act, 1956, Class 1 and 2 heirs of the male dying intestate includes, son of predeeased daughter of predeceased son, sons granddaughter, brother, sister, daughters grand daughter, sons and daughter of the brother and sister of the deceased.

Class 2 heirs have been divided among 9 group separately in the schedule. According to Section 9, Class 1 heirs preceed over class 2 and the same goes on for the entries in relation to sucession.

Lineal desendents in such case are the parents i.e., father and mother and the brothers and sister (half/ full) shall have predeceased the intestate whose property is in question currently.
The widow and widower who had not married/ remarried prior to the death of deceased also have a share in the property.

Reference: Hindu Succession Act – – AHG26 – 202100585 – 15 – 6 – 2021001202021004219957

LAWAYZ-2023-885