The Hindu Succession Act governs Hindu Jain, Buddhist, Sikh and Buddhist succession. Muslim succession is governed and governed in accordance with the Muslim Law. Christians, however, are governed by Indian Succession Act.
In this article, we will discover the manner of distribution of assets in case of death of Hindu/Jain/Sikh/Buddhist i.e. For those persons who are governed under the Hindu Succession Act and die intestate death without a Will
The rules regarding the distribution of assets in case of death by intestate is different for a female under the Hindu Succession Act. Below are the details of how assets will be distributed to Male and Females.
Intestate Succession after the Death of A Male
In case a male dies intestate, i.e. His assets will be distributed in accordance with the Hindu Succession Act. The legal inheritors can further be classified into class I or II.
Class I heirs
The immediate families that are linked to the male make up the class I heirs. This includes the mother, her husband, children, and grandchildren. Each person in this class shall equal divide the share.
1. In the case of a deceased son:
Son's wife and children will succeed him, and they will have the same rights. Two children can be considered one unit if they are born together. Both children will be given a joint share, which they can distribute between themselves. The share will be available until two generations after that, i.e. You can even pass it on to great grandchildren.
Take, for example:
A: Grandfather
B: Grandmother (Wife Of A)
C: Son
D: Wife of a Son (Daughterin-law).
E: Grandson
F: Grand Daughter
If A passes away without a will, the right of property will pass to his son C or his wife B. Both of them will then have equal rights to the property, i.e. 1/2 each
C's death and A's demise without a will will result in the right to property passing to B, D and E. Each share of 1/3rd will be divided between the two. E & F share equal parts of 1/6 .
2. In the instance of a deceased daughter
Her children will be her replacement and will enjoy the same rights as her. It will continue to apply for the next two generations. It shall be applicable until two generations after the death of the daughter, i.e. jusqu'à great grand grandchildren. However, the husband is not allowed to take any part in the share of the decedent daughter.
A: Grandfather
B: Grandmother (Wife Of A)
C: Daught
D: Husband to Daughter (Son of-in-law).
E: Grandson
F: Granddaughter
If A passes away without a will and the right to the property vests in C his daughter and B his wife B. Both of them will have equal rights to the property, i.e. 1/2 each
C's death and A's demise without a will will result in the property right being transferred to B, E & F. B, (E & F), will receive 1/2 of each property. E & F share 1/4 each.
Absence class I heirs = Class II heirs
In the event that the class I inheritors die, the property will pass to the estate of the deceased's class II heirs.
The class II lineage consists of several relatives who have been grouped into groups and placed in a hierarchy. Preference is given the one ranking higher. If only one member is available in a higher (preceding or succeeding) category, then all of your property shall pass to them.
If no one is available in the higher (preceding), the position will be given to the next member in the same category (success).
You will see that the chart shows that the father of a married woman is ranked higher than brother and sister in the list.
Assuming no one is available from the Class I category (mother, children and spouse), the rights shall go to those in Class II. In this case, the father shall have 100% property as he ranks first.
In the event that he does not live, then it will continue to pass to the next type of person. the grand children, sister and brother. Each of the three children will receive the property in equal shares, i.e. 1/3 each.
If no class I nor 2 heirs are available, the property will then pass to the cognates and then to the agnates.
Succession for a Female who dies
The Act was amended in 2005. Females are now entitled to equal inheritance rights with males. However, the distribution of her property differs from that of a male.
A lady is the absolute owner all of her property, regardless of how it was acquired or inherited. Any property, immovable or mobile, that she acquires before, during, or following the marriage is her Stridhana'.
A lady who is intestate dies, i.e. Without leaving a testament, her assets and property will be divided in accordance with the Hindu Succession Act.
Act stipulates that her husband, son and/or daughter, as well as the grand children, will have first right to all her assets. This is except for the rare case when the children are no longer alive.
If she isn't married, the right rests with her parents.
In the absence above:
In the absence or the mention of the above people, there are no classes. Although there is an order for assets to be distributed, there is a hierarchy. The rank with the highest ranking will be preferred to that of the lowest rank. Only in the absence or a higher rank, it will pass to another in order.
However, there is an important difference in the distribution of property depending on the method used to acquire it.
You have three options to acquire the property. There is slight variation in the distribution.
Self-acquired:
If the property was self-acquired in a first case, and the girl is married with children and husband who are not also alive, the property must be divided according to the chart. In this case the first right will be that of the husband's heirs.
If she isn't married, however, we still follow the above chart, but we skip the one that applies to married women, i.e. husband. The parents of an unmarried girl are the ones who will share the assets equally. In the absence of the parents the child next in order, i.e. The father's children will have rights to the daughter's property.
Inherited to the parents:
Next is inheritance from parents. Even if the girl has children, the rights to the property do not pass to her husband's heirs. Inheritance property from the parents can only be passed on to the heirs. Same applies to a girl who isn't married.
Inheritance of the father-in–law:
Similar to inheritance from parents but only for married women, inheritance from father or husband will pass only to the husband's heirs. It will not go to the parents, even if they are members of the hierarchy.
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