Who are the legal representatives of a deceased person?

A 30-yr old person dies without writing his will. He has left behind his parents, a sister, his wife and a 2 yr old daughter. Who shall be legally entitled to share his wealth after his death? Can any member of the remaining family renounce fully or partly his/her right to his share of property?

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  1. As per the Hindu Sussession Act, 1956 his wife, daughter & mother are his legal heirs.

    His mother can release or relinquish her share in favour of the widow.


  2. All of them have the rights. The parents may relinquish their rights to others. If the sister is married she can not be the legal heir to his brother. The share of the minor will have to be preserved till her attainment of major status and her mother as a guardian. Here the parents and wife with a daughter will have 50 – 50 share right if the sister already married.

  3. I believe that when a person dies without leaving a will this is called Intestate. The ISA tells us that the first section of the Act tells us about a spouse or partner. Which means that the monies would go to the intestate’s spouse and issues(children), the parents can go to court to ask for monies if need be. This is the law in the part of the world I live. Im am sure that it is similar through out North America but may differ in other parts of the world. It is always best to seek Legal advice from a lawyer as every circumstance is ultimately different as there are many factors that can change the outcome of disbursement.