The last category includes the rest of the heirs of the estate who do not find a place in the three classes above. A parent is an heir who was related to the heir by a mixed chain of parents in the concept of gender. When a single woman intervenes between an heir and the intestate, it is also a cognatic chain. Heirs in category I simultaneously make heirs in the first entry of class II against those in the second entry, to the exclusion of all other heirs; those of the second entry are preferable to those of the third entry; and so on one after the other. The distribution of interest among Class II heirs is mainly governed by two rudimentary principles: it is important to note that the provisions of the law or a corresponding schedule do not establish a complete status quo with regard to heirs, so that in the absence of a close relative, a person may have the right to inherit his property. If he can trace his blood relationship with the deceased, it does not matter how far he or she may be. This was an important change, because in the old regime, only four generations were recognized before this law, but now the limitation of the degree has been lifted. For Hindus, testamentary succession (succession by will) is governed by Indian inheritance law and legal succession (succession without will) falls under the Hindu Inheritance Act. In this article, we look in detail at the process of distributing property after the death of a Hindu man under the Hindu Succession Act. In the event that a male Hindu dies, is not married and is not survived by any Class I heirs, ownership passes to Class II heirs. The second class of heirs includes 19 heirs, including ten men and nine women; These heirs are further divided into nine subcategories. The table below shows the distribution of Class II heirs into different subcategories: if there are no Class I heirs, ownership reverts to Class II heirs. This includes the father; son of son/daughter; daughter of the son/daughter; Brother; Sister; son of daughter/son; daughter of the daughter/son; son of the daughter; daughter of the girl/daughter; son of the brother; the sister`s son; inter alia.
However, if a property of a Hindu woman is inherited from her father or mother, in the absence of a son of the daughter of the deceased (including the children of a predeceased son or daughter), it does not pass to the above-mentioned heirs, but to the heirs of the father; and all property inherited by a Hindu woman from her husband or stepfather shall not be transferred not to the foregoing, but to the husband`s heirs in the absence of a son or daughter of the deceased (including the children of a deceased son or daughter) if none of the children of Class I or Class II or the entire category of agnates is present. The rule for calculating degree and determining preferences is the same as for agnates. The decentralization of Class II heirs is carried out in the absence of a Class I heir and in such a way that the heirs indicated in a particular entry are also involved. For this purpose, if more than one heir is indicated in a single entry, more than one heir divides the property simultaneously and equally, excluding the persons specified in the following entries. Class 2 heirs include: The figure below shows all the Class I heirs of the deceased (A) and explains their relationship with the deceased: Under the Widows Remarriage Act of 1856: “All rights and interests that any widow may have in the property of her deceased husband. stop their remarriage; and the next heirs of their deceased husband or any other person entitled to the assets upon their death will succeed them. IndiaFilings.com is committed to helping entrepreneurs and small business owners start, manage and grow their businesses with certainty at an affordable price. Our goal is to educate the entrepreneur on legal and regulatory requirements and to be a partner throughout the company`s lifecycle, supporting the business at every step to ensure it is compliant and continuously growing. The successor Hindu law introduced substantial changes in the decentralization of interests in the Mitakshara co-park, therefore, according to Article 6, its undivided share is delimited by a fictitious and decentralized division by the rules of inheritance, that is, when a man dies as a member of the Mitakshara coparescence. In the event that a Hindu man dies inseparably and leaves no class 1 or 2 heirs, ownership would pass to Agnaten. A person is called another person`s agnat if the two are completely related by blood or adoption by men. The agnate relationship does not extend to the relationship by marriage and is limited to the relationship by blood.
Agnate also does not include widows of linear descendants of the intestate. In situations where a person dies and leaves property behind, but without leaving a will or instruction regarding its distribution, which may take effect in accordance with applicable law, such property is distributed to his or her rightful heirs in accordance with the rules of inheritance. This type of decentralization, in which ownership is decentralized and distributed by inheritance rules, is called legal succession. Submit your article via our online form Click here Note* We only accept original articles, we do not accept articles that have already been published on other websites. For more information, please contact: editor@legalserviceindia.com All these heirs inherit simultaneously and to the exclusion of other heirs. In the absence of one of the heirs of this category, the property is transferred to the heirs listed in category II. The law establishes a set of general rules for the transfer of property of a male Hindu and also establishes the rules for determining the actions and actions of different heirs. It establishes separate general rules for the transfer of property from a women`s institution. The said law is exhaustive and its last part covers all exceptions, disqualifications and special circumstances. The following table explains the provision of the articles of the Act: The Hindu Succession Act, 1956 is an Act passed by the “Parliament of India”. The preamble to the law means that a law will be enacted to amend and codify the Law on Legal Succession among Hindus. The law establishes a uniform and comprehensive system of succession, while striving to ensure the same right of inheritance between sons and daughters.
It applies to all Hindus, including Jains and Buddhist Sikhs. The Hindu Succession Act of 1956 preserves the dual mode of decentralization of property under the Mitakshara school. The common family always proceeds by survival, with the important exception of the fact that when a Mitakshara Coparcener dies and the mother, widow, daughter, daughter, daughter, daughter of the daughter, daughter of the son, daughter of the son, widow of the son or son of the daughter, his interest in the family co-ownership passes through succession. Succession belonging to a Hindu man The Hindu Succession Act, 1956, deals with inheritance at a) The distinct characteristics of a Mitakshara man, b) The separate and complicit characteristics of a Dayabhaga man, and c) the undivided interest in the common family property of a Mitakshara Coparcener. The law does not apply to the property of a Hindu who is married to a non-Hindu under the Special Marriage Act. Heirs of a Hindu man The heirs of a Hindu man belong to the following categories: – 1) Class I heirs, 2) Class II heirs, 3) Agnate, 4) Parents and 5) Government. Class I heirs: – The property of a deceased Hindu man would first be given to Class I heirs. These are: i. mother, ii. widow, iii.
daughter, iv. son, v. widow of a predeceased son, vi. son of a predeceased son, vii. daughter of a predeceased son, viii.