India: Distribution of property after death without will
The Hindu Succession Act regulates succession for Jain, Buddhist, Sikh, and Hindu families. Muslims are governed under the Muslim Law, and Christians by the 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. The Hindu Succession Act governs those who die intestate. death without a will.
The rules that govern the distribution and administration of assets in cases of intestate deaths of females are different to those for males under the Hindu Succession Act. Below are details on the way assets are distributed for both male and females.
Intestate Succession for the Death of a Man
In case a male dies intestate, i.e. If a male dies intestate, i.e. without making a will to his assets will be distributed according the Hindu Succession Act. Property is then transferred to legal heirs. The legal heirs of the deceased are further divided into two categories: class I and class 2.
Class I heirs
The immediate family members of the male are the Class I heirs. It includes mother, wife, son, and daughter. Each member of this group shall share equally the share.
1. If the Son is Deceased:
His widow and the children of his deceased son will be in his place and will enjoy the same rights and privileges as him. Two children will be treated together, so if they have two, they will be considered one unit. They will both have a shared share they can further split among themselves. This will continue to be in effect until the next two generations, i.e. It shall be valid until the great grandchildren.
For instance:
A: Grand Father
B: Grand Mother (Wife or A)
C: Son
D: Wife and Son (Daughter In-law)
E: Grandson
F: Granddaughter
If A dies with no will, then his right to property vests at the son C of his wife B. In this case, both his son C, and his spouse B will receive equal property rights. 1/2 each
C may die and A will not inherit the property. In this case, B, D, E & F will receive 1/3rd of each property. E & F each will receive 1/6 .
2. In the event of a Deceased Daughter
The children of the deceased daughter shall take her place and have the exact same rights in her portion as her. This shall apply to the next two generations. This will continue until great-grandchildren. However, the husband of the deceased daughter doesn't have any rights to her share.
A: Grand Father
B: Grandmother (Wife or A)
C: The Daughter
D: Husband or Wife of Daughter (Son In-law).
E: Grandson
F: Grand Daughter
If A dies with no will, his property rights pass to his daughter C and wife B. In this case, both of them will receive equal property rights. 1/2 each
C may die and A will not inherit the property. E & F each will receive 1/4 .
Absence Class I heirs - Class II heirs
In the event of death of any of the class I heirs as described above, the property of deceased will be passed to the class 2 heirs.
The class II inheritors are many family members who have been placed in a hierarchy and divided into various categories. Priority is given to the highest ranking member. This means that if only one member is available in the higher category (preceding), then all the property shall pass to that member and none to those who succeed.
If the highest (preceding), category is full, it will be passed to the next category (successful).
You can see in the chart that a married male is ranked higher than his brother or sister.
If no one in the class I category is available, which is the mother, her spouse, and children then the rights of the others in class II will be granted. Because the father ranks first, he will have 100% property.
If he passes away, the inheritance will be passed to the next person. Grandchildren, brother and sisters. The property will be shared equally by all three of them, i.e. 1/3 each.
If it happens that neither class I or class II heirs will be available, the inheritance will first go to the agnates then on to cognates.
Succession in the case of death of a woman
In 2005, the Act was amended to give females equal inheritance rights to males. The distribution of her property, however, is different to that of a man.
A lady is the true owner of all her property, inherited or self-acquired. Any property she inherited, whether immovable or movable, before, during, and after marriage will be considered her 'Stridhana.
A lady who dies unintestate, i.e. Her assets will be divided according to the Hindu Succession Act if she does not leave a will.
Act says that husband, son, daughter and grandchild will get first rights to her assets. However, this is only in the case of death.
If she's not married, the responsibility falls on her parents.
In the absence or incompetence of above:
In the absence the people mentioned above, there are no classes. The order in which assets are distributed is determined by a hierarchy. The order in which the assets are distributed will determine the rank. Only in the absence the higher rank can it be passed to the next in order.
However, the way the property was acquired can make a difference to how the property is distributed.
You can acquire the property in one of three ways: Self acquisition, inheritance from your parents or inherited from your husband or father-in law. There are slight differences in how the property is divided.
Self-acquired:
In the case of self-acquired property, the first case shall apply. If the girl is married, but the children or husband are not present, the property will be divided as per the chart.
However, if she is single, we can follow the chart above and skip the one for married women. husband. Unmarried girls will receive equal shares of the assets if they are not married to their parents, which is both the mother and the father. The next in line, i.e. the mother or father, will receive the assets in the absence of either parent. The father's heirs are entitled to her property, and so on.
Bequeathed from the parents:
Next comes inheritance from parents. The heirs of the husband are not entitled to the property, even if the daughter is married. The heirs of the father, and any property that is passed on to them by inheritance will receive the property. This applies even if the girl is not married. By default, there are no children or husband.
Inheritance from the father in-law:
Like inheritance from parents, inheritance from father in-law or husband (which is only applicable in the case of a married woman) will only be passed to the heirs and not the children. It will not pass to the parents of the girl, even if they are part of the hierarchy.
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