The Hindu Succession Act governs the succession of Hindu, Jain and Buddhist Sikhs. The Muslim Law governs Muslim succession, while the Indian Succession Act governs Christians.
In this article, we will discover the manner of distribution of assets in case of death of Hindu/Jain/Sikh/Buddhist i.e. People who are subject to the Hindu Succession Act, and die intestate, Death without a will.
The rules for the distribution of assets in the event of an intestate male death are different from those that apply to a female. Below is a discussion of the distribution of assets for Males and Females.
Intestate Succession in the case of the Death of a Male
In case a male dies intestate, i.e. Without making a will the assets of a male are distributed according to the Hindu Succession Act. The property is then transferred to the legal heirs. Further, the legal heirs can be divided into two classes: class I or class II.
Class I heirs
The immediate family that is linked to the male makes up Class I heirs. This includes the wife, husband, father, mother, and children. The share shall be equally divided among all members of this class.
1. For the case of the Deceased Son
The Wife, along with the children of the deceased son , will replace him and have the same rights as the one before them. If there are more than one child, they will be treated as one unit. The two children will each have a share that they can then further divide among themselves. It will be valid for two generations. It will be applicable until great grandchildren.
For example,
A: Grandfather
B: Grandmother (Wife to A)
C: Son
D: Wife to Son (Daughter in-law)
E: Grand son
F: Granddaughter
If A dies without a Will, the right to property vests in C and B. Then both will have equal rights in the property. 1/2 each
If C dies and A does not make a will, the right to property will pass to B, D (E & F), who will each share 1/3 of the property. E & F will each share 1/6 of the property.
2. For the case of a deceased daughter
The children of the daughter who has died will succeed her and have the same rights in her share. It shall continue to be in force until the next two generations, i.e. It will be valid until the great grandchildren. The husband of the daughter who died does not get any share.
A: Grandfather
B: Grandmother (Wife to A)
C: Daughter
D: Husband of the Daughter (Son in-law)
E: Grand son
F: Granddaughter
If A dies without a Will, the property rights vest in his daughter C, and his wife B. Then both will have equal ownership of the property. 1/2 each
If C dies and A does not make a will, the property rights will pass to B, E & F. In this case, B (E & F), will each own 1/2 of the property. E & F will each receive 1/4 of the property.
Absence of Class I heirs: Class II heirs
If the class I heirs are not present, the property of the deceased will be transferred to the class II heirs.
The class II heirs are many relatives that have been divided into different categories and placed in a hierarchy. The highest ranking is preferred. If there is only one member in the preceding category, then all property will pass to them.
If there are no members in the preceding (preceding), then the responsibility will pass to those following in the same category (success).
The chart above will show that the father ranks higher than the brother, sister, and grandchildren in the case of a married man.
Assuming that no one from class I, that is, the mother, husband, and children, the rights will pass to those in class II. The father will be the first to receive 100% of the property, as he is the most important.
In the event that he dies, it will pass to the next group. The grand children, brother or sister. All three of them will share equally the property, i.e. 1/3 each.
If neither class I nor II heirs are possible, it will be passed on to the agnates first and then to cognates.
Succession in the event of the death of a female
The 2005 amendment to the Act gave females the same inheritance rights as males. But, her property distribution is different than that of a male.
The lady is the sole owner of all her property, whether it was inherited or self-acquired. All property, movable and immovable, she has inherited or earned, will be considered before, during, or after the marriage.
If a lady dies without a will, her assets will be distributed according to the Hindu Succession Act. Without leaving a will, her assets are distributed according to the Hindu Succession Act.
The Act states that her husband, son, and daughter will have the first right to her assets, except in the event of the death of the children.
If she is not married, then her parents will have to take care of it.
If the above persons are not available:
The absence of the mentioned persons means that there is no class. This is in contrast to the male succession rules where the heirs were split into two classes. There is a hierarchy which determines the order in the assets will be distributed. The rank that is higher in the order will prevail over the rank that is lower. It can only pass to the next rank if it is not of higher rank.
There is however a difference in the distribution of the property depending on how it was acquired.
There are three options for acquiring the property: self acquisition, inheritance from parents or inheritance from a husband or father in-law. The distribution of these three can be slightly different.
Self-acquired:
If the property is self-acquired in the first instance, and the girl marries and the children and husband die, then the property will be divided according to the chart. The first right of the husband's heirs is the property.
If she is not married, then we will follow the same chart as above but skip the section for married women. husband. For a girl who is not married, the parents - both father and mother - will share equally the assets. In the event of death, the next person in order (i.e. The father's heirs will have the right to his property, and so forth.
Inherited by the parents:
Next, inheritance from parents. Even if the girl marries, the right to the property does not pass to the husband. Only the heirs and children of the father will be able to inherit property acquired through inheritance. The same applies if the girl has not married, as by default there aren't children and husband.
Bequeathed by the father-in law:
Inheritance from a father-in law or husband is the same as inheritance from parents. If the husband and children are unavailable, the property will be transferred to the husband's heirs. Even if the girls are in the hierarchy, they will not receive it.
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