Class 1 heirs alive. Can Class 2 heirs claim?

According to the Hindu Succession Act, if Class 1 legal heirs are alive and have applied for a legal heir certificate, can Class 2 legal heirs also claim as legal heirs? In case of a deceased married male, are all dependents legal heirs? Who exactly are the Class 1 legal heirs for a deceased married male?

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Advocate By LEAD INDIA Answered: 16 May 2025

If Class 1 legal heirs (like wife, son, daughter, mother) are alive, Class 2 heirs have no right. The court will consider only Class 1 for property. Dependents are not automatically legal heirs. For a married male, Class 1 heirs include wife, children, and mother. For further legal assistance contact us on our helpline number. 
 

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