2 Answers
Dear Client, as per your query, It is false that your inheritance rights will be taken away; your uncle can’t "wait out" your father to obtain the property. Under the Hindu Succession Act, 1956, because your aunt died without leaving a will (intestate), and she was unmarried with no kids, her inherited paternal property automatically and legally reverts to the heirs of her father the moment she died. Your father and uncle, as her father’s direct heirs, automatically and legally became 50% owners the moment she died; physical partition is only a mere formality. If your father dies before the property is partitioned, his already established 50% ownership automatically becomes part of his estate and is inherited by you and your sister as his “Class I” legal heirs. Your uncle’s son does not have any legal basis to claim your father’s half because the law treats daughters and sons equally as coparceners with equal birthright to the ancestral property. In case of further queries, please do not hesitate to contact us.
Thank You.
Dear Client,
No, that information is not true. According to the Hindu Succession Act, 1956, when your unmarried aunt died without a will, i.e. intestate, her property will first go to her own legal heirs (if she has any children, husband, etc.), which is absent in your case and only if there are no such heirs , it will go to the heirs of her parents (i.e., your father and your uncle as her brother). If the property is a paternal ancestral property, like in your case, then upon her death without will, it will devolve on the heirs of her father, which will include your father and your uncle as equal shares. Those shares will then become your father’s property, and if he later dies, you and your sisters will inherit his share as his daughters, just like any other self‑acquired or inherited property of your father. Your uncle’s son does not directly jump into your aunt’s property just because your father dies before the partition, your father’s share will pass to you and your sisters.
Intestate succession depends on the religion one belongs to. The above answer is based on Hindu Succession Act which is applicable to a Hindu. Muslim intestate succession is governed by Sharia Law and Christian intestate succession in India is governed by the Indian Succession Act, 1925.
I hope this helps and if you have any further issues do not hesitate to contact us.