The last category includes other heirs of the legal succession who do not find a place in the three classes mentioned above. A related heir is an inheritance that was linked to the heir by a mixed chain of relatives in the concept of gender. When a single woman intervenes between an heir and the intestate, it is also a cognatic chain. The legal inheritance regime applies to the following property of a male testator, a rudimentary condition for the application of statutory law (as stated above) is that the property must not have been alienated by will. 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. If a Hindu man dies intestate and leaves no Class 1 or Class 2 heirs, the property will pass to the Agnates. A person is called an Agnate of another if the two are completely related by blood or adoption by men. Agnate`s relationship does not extend to the relationship through marriage and is limited to the relationship through blood. Similarly, widows of descendants of intestate in direct line are not included.
Suppose a Hindu man leaves his wife without divorcing and marries another. In this case, his first marriage was not annulled by law, and the first wife and her children are the rightful heirs. If both are divorced, the first wife cannot claim the property and all her property belongs exclusively to her. Even in the case where both husband and wife have contributed to the purchase of a property, it is important to have documented proof of the percentage of monetary contribution of both in the event of divorce. This is especially important if you want to bring an eviction action. According to a 2008 Supreme Court decision, the children of a couple living in the household would have the same inheritance rights as a legal heir. However, children born to persons who have not entered into marriage are entitled only to their parents` property and no other relationship under the Hindu Marriage Act 1955. In the absence of class I and II heirs, the testator`s property goes to Agnates and, in his absence, to the Cognates. Agnates are distant blood relatives of male origin, while relatives are distant blood relatives of male or female lineage. If these are also not available, the estate goes to the government.
Just as financial planning is important to securing your future, so is estate planning. In order to spare heirs legal trouble and unnecessary litigation, it is important to leave a will. A will is a convenient way to transfer a person`s property after life. *Note: Agnates are relationships through men, but not through blood or adoption. It can be relationships through marriages. Relatives are relationships through females. All heirs who are related by blood, marriage or adoption are divided into four classes or categories This categorization is mainly based on the characteristic of the heir`s relationship with the deceased, although other factors such as natural love and affection are also taken into account. In addition, Agnate`s rule over Cognate was retained by the previous regime. If a Hindu man dies without a will and has no class 1 or 2 heirs or agnats, the succession would be through related relatives. Parents are those who are related to intestate by blood or adoption, but not entirely by men. Thus, the son of the mother`s brother and the son of the brother`s daughters are related and have the right to inherit.
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 Class I heirs include persons to whom the interest in the property passes primarily upon the death of the testator. The category includes eleven women and five men. All Class I heirs take absolute ownership of them exclusively as their separate property and, unlike the former common family regime, no one can claim a right by birth in these inherited assets. In the event that a male Hindu dies unmarried and leaves no Class I heirs, the property passes to Class II heirs. The second category of heirs comprises 19 heirs, ten men and nine women; These heirs are divided into nine subcategories. The following table shows the classification of Class II heirs into different subcategories: The Hindu Inheritance Act introduced significant changes in the decentralization of interests in the Mitakshara coparcenarian, so that when a man dies as a member of the Mitakshara coparcenarian, his undivided share is delimited by a fictitious division in accordance with Article 6 and is transferred by the rules of succession. For Hindus, testamentary succession (succession by will) is governed by the Indian Inheritance Act and legal succession (succession without will) by the Hindu Succession Act. In this article, we look in detail at the process of distributing property after the death of a Hindu man under the Hindu Inheritance Act. It is important to note that the provisions of the law or a corresponding timetable for heirs do not completely terminate, so that in the absence of a close relative, a person may have the right to inherit his or her property. If he can trace his blood relationship to the deceased, it does not matter how far away he is.
This was an important change, because in the old regime before this law, only four generations were recognized, but now the restriction on the degree has been lifted. The law establishes a set of general rules for the transfer of ownership of a male Hindu and also sets out the rules for determining the shares and parts of the various heirs. It provides separate general rules for the transfer of ownership of a dying woman intestate intstate. The Act is exhaustive and its last part covers all exceptions, disqualifications and special circumstances. The following table explains the provision of the articles of the law: An ancestral property is divided among the legal heirs of the owner in accordance with various laws in India. This article will give you an understanding of inheritance, the concept of heirs and property rights in India.