Asked April 01, 2017

Preference to full blood over half blood

  • 1 Answer

My half blood brother died few months ago. He doesn't have any other relative alive other than his two siblings: I and his real brother (full brother). He didn't write any will for his property. As per Hindu law who will be getting the property?

Answer 1

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You will either be the agnate brother (same father-different mother) or the uterine brother (same mother-different father) of the deceased. As per Section 8 of the Hindu Succession Act, there are four steps for succession - Class I heir which will include the deceased's widow and children. Class II includes - father, brothers and sisters. Primarliy the property goes to Class I heirs and in the absence of Class I heirs it goes to Class II heirs. Only if Class II heirs are absent will the proerty to go to the next level which has all the agnate relatives of the deceased which includes you. Since the full-brother of the deceased is alive, he is the Class II heir and the entire property will go to him. If he was not present  or his children were also not there then the property would have come to you. 

Agree Comment 0 Agrees almost 4 years ago

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