India: Property distribution after death of person without will
The Hindu Succession Act governs Hindu, Jain Buddhist, Buddhist, and Sikh succession. Muslim succession is governed according to the Muslim Law. Christians are governed through 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. If a person is governed by the Hindu Succession Act they will die intestate. death without a testament.
The rules governing the distribution assets in the case of the death of a woman are different under the Hindu Succession Act than those governing the death of a man. Below we discuss the method of distributing assets in cases of males and females.
Intestate Succession in Death of a Male
In case a male dies intestate, i.e. In the event that a male dies without making a Will, his assets are distributed according the Hindu Succession Act. All property is given to the legal heirs. The legal heirs fall into two different classes, class I and II.
Class I heirs
The immediate family of the male is considered Class I heirs. This includes husband, sons, daughters, and mothers. All members of this class will equally share the share.
1. In the event of a Deceased Son:
Widow and children of the deceased son will assume his place and will have the exact same rights as those of him. But if there are 2 children, they will be considered one entity, i.e. Each of the children will receive a portion that they can share amongst themselves. It shall also be available for use up to two generations ahead, i.e. It will continue to be in force until the birth of great-grandchildren.
For instance,
A: Grandfather
B: Grandmother (Wife A)
C: Son
D: Wife (Daughter-in law)
E: Grand Son
F: Granddaughter
In the event that A dies, his property rights pass to his son C and his widow B. If B is not there, they will each have equal ownership of the property. 1/2 each
C died and A died without a will. The right in property will then pass to B, D E & F. B, D (E & F), will own 1/3rd of the property. E & F's individual shares shall equal 1/6 th.
2. In the case of a deceased daughter
The daughters of the deceased will replace her and have the equal rights to her share. It will be valid for two generations beyond, i.e. The great grandchildren. However, the husband or father of the deceased daughter has no right to share in her inheritance.
A: Grand Father
B: Grand Mother (Wife A)
C: A Daughter
D: Husband for Daughter (Son-in law)
E: Grand son
F: Granddaughter
If A dies before he has a will, the right to property passes to his daughter C. His wife B will then have equal rights in the property. 1/2 each
C died and A died without a will. The right to property will then pass to B, E & F. B (E & F) will own half of the property. E & F's individual shares shall therefore be 1/4 th each.
Absence of Class 1 heirs.
In the absence of the above-mentioned class I heirs the property of a deceased person will be given to the class III heirs.
The class II heirs include many relatives who have been divided into categories and placed in a hierarchy. Preference will be given to the ranking above. If even one member is in the higher (precedinging) category, all of the property will pass to them and none to the succeeding members.
If one is not available in the higher category (preceding), it will pass on to the members who are next in the category (succeeding).
Referring to the chart, you'll see that in cases of married men, the father is ranked ahead of the categories of-grandchildren, brother & sisters.
In this case, assuming no one is available in the class 1 category, which includes the mother, spouse, and children; the rights shall be transferred to the members of class II. Because the father is the highest ranking, he shall have 100% property.
However, in the unlikely event that he is no longer alive, it will cumulatively pass on to the next class, i.e. the grand children, brother/sister. They will all share the property equally. 1/3 each.
If there are no class I or II heirs, it will pass to the agnates.
Succession after the Death of a Female
After 2005's amendment to the Act, females now have equal inheritance rights to males. Her property will be distributed differently to a male.
A lady is the owner of her property regardless of whether she acquired it or inherited it. Any property that she acquires or inherits, whether it is movable or immovable, will be taken into consideration, regardless of when the Act was started.
A lady who has died without intestate will receive her assets according to the Hindu Succession Law. If she dies without leaving a Will, her assets will not be distributed according to The Hindu Succession Act.
Act provides that the husband, her son, and her daughter have the first right to her assets. Grand children also count, but only in the unlikely event that the children aren't around.
If she is single, her rights will be delegated to her parents.
In the absence these people:
In the absence these people, the inheritance rules do not divide the heirs into any classes. Although there is a hierarchy that determines how the assets should be distributed, it does not define the order. The highest ranking rank in the order is preferred to the lower rank. The higher rank will not pass on to the next.
However, there are differences in how the property is divided.
The property can be acquired from yourself, inherited by parents or inherited through a spouse or father-in–law. The distribution of the three is slightly different.
Self-acquired:
In the first situation, the property is self acquired, if the girl has married and the husband is also not alive, the property shall then be divided according the chart in which the first right is that of the husband's inheritors.
We will also follow the above chart if she's not married. In that case, we will skip the section applicable to married women. husband. An unmarried girl will have her assets shared equally by her parents, both mother and father. In the absence or inability of parents, the next in order will be entitled to the assets. The father's heirs and his children will inherit her property.
Inherited From the Parents:
We now move on to inheritance from the parents. This applies even if the little girl is married. In the absence of children or husband, the right to the property won't pass to the heirs. Any property acquired from parents by way of inheritance will only pass to the heirs. The same holds true if the daughter is not married.
Inherited by the fatherin-law:
As inheritance from parents, inheritances from father-inlaw or husband are only valid for married ladies. The property is not transferable to children and spouse. It will not be transferred to the parents or guardians of the girl, regardless of their rank in the hierarchy.
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