Who inherits a deceased heir's share in ancestral property intestate?

Ketan, one of the five joint heirs of an ancestral property in Chiplun, died intestate and without any heirs about seven years ago. At the time of his death, Vidya—his paternal aunt and a Class II heir under Hindu Succession Law—was alive. As no Class I heirs were present, Vidya, being a Class II heir, would inherit Ketan’s one-fifth share. Vidya subsequently passed away three years ago, and her legal heirs are now her children. Therefore, Ketan’s share first passed to Vidya and, upon her death, devolves upon her children. Thus, Option 2 is the correct outcome: Ketan’s share passed to Vidya and is now inherited by her children.

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Advocate By LEAD INDIA Answered: 22 May 2025

Since Ketan died without a will and had no spouse or children, his share goes to his legal heirs. Vidya, being a Class II heir and alive at the time of his death, inherits Ketan’s share. Now that Vidya has passed, her children inherit her rights. So, Option 2 is correct. For further legal assistance contact us on our helpline number. 

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