#succession act

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ANCESTRAL PROPERTY, HINDU SUCCESSION ACT AND INHERITANCE

Inheritance of properties by legal heirs are governed by the Hindu Succession Act, 1956. The act lays down a uniform and comprehensive system of inheritance and succession into one act. 

The Hindu Succession Act is applicable to Hindus, Jains, Buddhists and Sikhs. It takes into consideration that the deceased shall have a different class of heirs and such different classes shall have different stakes over the property. The classes are –

THE CLASS I HEIR –

 1. Widow               4. Mother of the intestate

 2. Son                     5. Heirs of pre-deceased children of the interstate 

 3. Daughter 

THE CLASS II HEIR –

1. Father                            4. Brother 

2. Grand Parents              5. Sister 

3. Grand Children             6. Other relatives 

In case where a Hindu male passes away the following shall take place –

1. The class I heirs get equal shares

2. In case of no class I heirs, it shall be equally divided amongst class II heirs.

3. In case of no Class I or Class II heirs the property shall be divided among the Agnates (blood relation to the deceased through males) and then the cognates (blood relation to the deceased through females).

4. If none of the above-mentioned heirs exist then the property shall pass on the government and this is known as Escheat. 

In case a Hindu Female passes away the property shall be divided amongst –

1. First her children 

2. Then among her husband’s heirs 

3. Then among her father and mother 

4. Then among her father’s heirs 

5. Then among her mother’s heirs 

Written By 

Property Channel Expert

Anurodh Jalan 

Jalan Property Consultants 

880100384

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PROPERTY DISTRIBUTION LAW IN INDIA

The Indian Successful Act, 1925 mainly deals with the distribution of the property of a person after death in India. Under the Indian Succession Act, the distribution of the property after death is divided mainly into two parts, intestate succession, and testamentary succession. 

TESTAMENTARY SUCCESSION – PASSING AWAY WITH WILL

The property distribution is done through the creation of Will as per the wish of the deceased. Hence, any person who wishes to pass on property not as per the laws of inheritance applicable to him/her can do so by creating a Will. Succession as per the Will or any other testamentary document is testamentary succession. 

INTESTATE SUCCESSION – PASSING AWAY WITHOUT WILL

If a person passes away without a Will is intestate succession. In such cases, the property distribution is done as per the inheritance law applicable to the deceased person. 

Written By 

Property Channel Expert

Anurodh Jalan 

Jalan Property Consultants 

8801003684

[leadindia2002]

Provisions of Hindu Succession Act

The Hindu Succession Amendment Act, 2005 was established to enhance the benefits of a daughter- both married and unmarried. By this reform, the daughter is a coparcener in her claim and has the same benefits and responsibilities in the coparcenary property as the son. It includes a son as well as a daughter who is responsible for the debts of the joint family.

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