An ancestral property is divided among the legal heirs of the owner according to various laws in India. This article will give you an understanding of inheritance, the concept of heirs and property rights in India. It may order an inquiry and an interim or initial decision may be made on the appointment of a commissioner to assess the disputed property and to submit a report. It is important to designate a legal heir for each person who owns property; They are the successors to property damage coverage and insurance. Article 9 of the Act empowers the court to distribute the property equally and to proceed with the sale of the stimulus assets and the distribution of the proceeds. Division by act of division is governed by the relevant religious laws or by the Indian Inheritance Act if there is no special law governing that particular religion. After signing the deed of partition, each co-owner becomes the absolute owner of his share of the property and can dispose of the property as he sees fit. This means that they can sell, transfer or give it away as they wish. In Raichand v. Dattatrya [1], it has been stated that “the word property in its broadest sense encompasses all the legal rights of a person, except his personal rights, which constitute his personal status or condition”. The Hindu Succession Act 1956 states that the property of a deceased person is divided among his Class I heirs of the Schedule if he dies without leaving a will. If a person dies without leaving a will, his widow takes a share. The Class I heirs of the deceased would be the widow, his son, daughter, mother, son of a predeceased son, daughter of a predeceased son, widow of predeceased son, son of predeceased daughter, daughter of deceased daughter, son of predeceased son of deceased son, widow of predeceased son of predeceased son.
However, it`s not as easy as it sounds. Even with a good real estate lawyer by your side, if you think dividing a house, land or land will be easy, then you are wrong. According to the rule of division of property in India, any property divided by a deed of partition, family agreement, etc. loses its ancestral character. We believe that there is no greater pain than losing a family member, but we also believe that it is more painful to deal with any type of family conflict over the inheritance of property. However, this happens in India due to a lack of knowledge about real estate inheritances. Given the current inaccessibility of real estate assets, it is of course important for legal heirs to secure real estate assets after the death of the person in whose name the property was registered. The legal heirs must go through legal formalities to acquire ownership of this property. If a person dies as a result of a will, their assets pass to the beneficiaries of the will after their death. They may have the property transferred to their name by submitting such a will to the competent court(s)/authorities.
The legal situation of the concept of heir is very clear. Indian law, like most laws in the world, recognizes the concept of heir. Heirs include persons who have the legal right to inherit the property of their ancestors. What share can married girls claim in their father`s property? According to the Supreme Court`s decision, a daughter in her father`s ancestral possession is granted a right equal to that of her brothers. However, this does not mean that after the death of the father, the property will be divided equally between a brother and a sister. Since inheritance law also confers property rights on other legal heirs of the deceased, the division of property is based on each heir`s share in accordance with applicable inheritance laws. A married daughter who has an equal share of her father`s property simply means that no matter how much she claims, her brother will also receive the same share. In 2015, the Supreme Court ruled that couples who have lived in a domestic partnership for a long time will be treated as married.