The Hindu Succession Act, 1956, may be a law that was gone
along the ‘Parliament of India’. The preamble of the Act signifies that
associate degree Act to amend and systematize the law with reference to
intestate succession among Hindus. The Act lays down an identical and
comprehensive system of succession whereas try has been created to confirm
equality inheritance rights between sons and daughters. It applies to all or
any Hindus as well as Buddhists Jains and Sikhs. The Hindu Succession Act, 1956
preserves the twin mode of devolution of property below the Mitakshara College.
The joint family still devolves by Survivorship with this vital exception that
if a Mitakshara Coparcener dies let alone mother, widow, daughter, girl’s
daughter, son’s girl, son’s girl, son’s widow, son’s widow, or daughter’s son
his interest within the joint family property can devolve by succession.
Succession to the property of a Hindu Male:
The Hindu Succession Act, 1956 deals with the inheritance to
a) The separate properties of a Mitakshara male,
b) The separate and coparceners properties of a Dayabhaga
male, and
c) The stake within the joint family property of a
Mitakshara Coparcener.
The Act doesn't apply to the property of a Hindu who is
married under the Special marriage Act to a non -Hindu.
Heirs of a Hindu Male
The heirs of Hindu male constitute the subsequent categories:-
1) Category I heirs,
2) Category II heirs,
3) Agnates,
4) Cognates, and
5) Government.
Class I heirs:-
The property of a Hindu Male dying intestate would tend 1st
to heirs at intervals category I. They are:
i. Mother,
ii. Widow,
iii. Daughter,
iv. Son,
v. Widow of a predeceased son,
vi. Son of a predeceased son,
vii. Girl of a predeceased son,
viii. Widow of a predeceased son of a predeceased son,
ix. Girl of a predeceased son of a predeceased son,
x. Son of a predeceased son of a predeceased son,
xi. Girl of a predeceased girl, and
xii. Son of a predeceased girl.
Some new heirs area unit superimposed by Hindu Succession
(Amendment) Act, 2005. They are:
i. Son of a predeceased girl of a predeceased girl,
ii. Girl of a predeceased girl of a predeceased girl,
iii. Girl of a predeceased son of a predeceased girl, and
iv. Girl of a predeceased girl of a predeceased son.
Shares of sophistication I heirs:
Section 10, Hindu Succession Act deals with the distribution
of the property of the mortal, among category I heirs. the foundations are:
A.] Sons, daughters and also the mother of the mortal every
take one share.
For example:-
If ‘P’ dies let alone his Mother ‘M’, 2 sons S1 and S2 and
2
Daughters D1 and D2, every of the higher than heirs can take
one share, i.e., 1/5th
-‘M’ can take 1/5th;
- D1 and D2 every will take 1/5th &
- S1 and S2 every can take one fifth.
B.] Widow takes1 share. If there is a unit over one widow,
all of them along take one
Share and among themselves they divide it equally.
For example:-
‘P’ dies let alone a widow, ‘W’ and 3 daughters ‘D’, ‘D1’,
and
‘D2’. Here every can take one share, i.e. 1/4th to every.
-‘W’ can take 1/4th,
-‘D’, ‘D1’ & ‘D2’ every can take 1/4th .
C.] Among the heirs of the branches of a predeceased son,
son of a predeceased son of a
Predeceased son and predeceased girl, therefore here the
philosophy of illustration applies
i.e. heirs in every branch would take identical share that
their parent would have taken.
So, we have a tendency to see higher than 3 rules within the
following example:
If ‘P’ dies let alone son ‘S’, widow of a predeceased son
‘S1’, ‘SW’,
Predeceased girl’s son and daughter ‘DS’ and ‘DD’,
predeceased son’s
Predeceased son’s widow ‘SSW’, his girl ‘SSD’ and his son
‘SSS’.
Distribution is 1st to be created at an area wherever
branches get existence.
There are a unit four branches, every can take 1/4th share
i.e.
- ‘S’ can take 1/4th .In the branch of ‘S1’ there's only 1 heir
‘SW’, she
Representing ‘S1’ can take 1/4th.
- Within the branch of predeceased girl, there is a unit 2
heirs, they representing her
Will take 1/4th and between them divide it equally, with
result that ‘DS’
Will take 1/8th and ‘DD’ can take 1/8th.
- Within the branch of predeceased grandchild, there is a
unit 3 heirs, representing him
They will take 1/4th & among themselves share it
equally, with the result that & nbsp;
‘SSW’, ‘SSD’& amp; ‘SSS’ every can take 1/12th.
Class II heirs and their shares:
If there are not any heirs at school I, the property can give
to the heirs at intervals category II. They’re divided into 9 classes. The rule
is that associate degree heir in associate degree earlier class excludes heirs
in later class. Additional all heirs in one class take at the same time per
capita share. They’re as follows:
1] Class I -& nbsp;
a) Father.
2] Class II -
a) Son’s daughter’s son.
b) Son’s girl’s daughter.
c) Brother.
d) Sister.
3] Class III -
a) Daughter’s son’s son.
b) Daughter’s son’s girl.
c) Daughter’s son.
d) Daughter’s girl’s daughter.
4] Class IV -
a) Brother’s son.
b) Brother’s girl.
c) Sister’s son.
d) Sister’s girl.
5] Class V -
a) Father’s father.
b) Father’s mother.
6] Class VI -
a) Father’s widow. [Step mother].
b) Brother’s widow.
7] Class VII -
a) Father’s brother.
b) Father’s sister.
8] Class VIII -
a) Mother’s father.
b) Mother’s mother.
9] Class IX –
a) Mother’s brother.
b) Mother’s sister.
The rule of share in Class-II heirs is that every can take
per capita as well as widow.
Agnates and Cognates:
Next heir of Hindu male is ‘Agnates and Cognates’. In it 1st
preference is given to ‘Agnates’ & then ‘Cognates’. The foundations for
decisive who are a unit agnates & cognates area unit the same;
therefore area unit the foundations with reference to distribution of property
among them.
Agnates mean once an individual traces his relationship with
another through males, he or she is associate degree ‘Agnates’. as an example
brother, brother’s son, son’s son, son’s son father, father’s father, father’s
mother, father’s father & mother, son’s girl, son’s daughter………. etc
area unit agnates.
Government:
If a Hindu male leaves behind neither category I, nor
category II, nor any agnates, nor any cognates upon his death, then, his entire
property lapses to the govt. this is often known as “Escheat”. Once government
takes his property as heir, it takes with subject to all or any the obligations
and liabilities of mortal.
Succession to a Mitakshara Coparcener’s Interest
The Section vi of the Act has been extensively amended by
the Hindu Succession (Amendment) Act, 2005; whereas recognizing the rule of
devolution by Survivorship among the members of the coparcener makes associate
degree exception to the rule the provision.
According to provision, if the deceased has left a living
cousin per category I or a buddy per that category UN agency claim through such
feminine relation, the interest of a deceased in Mitakshara Coparceners
property shall devolve by legal document of instate succession below the Act
and not as Survivor-ship.
Certain exceptions:-
If, and also the heirs area unit each male and feminine, the
feminine heir isn't allowed to request partition till the male heir chooses to
divide their individual shares. If this feminine heir may be a girl, she has
the correct to reside within the home if she is unmarried, single or single.
After the Hindu Succession (Amendment) Act, 2005; Section
vi, the distinction between the feminine and male inheritor has been abolished.
Currently even feminine heritor [daughter] may also claim partition of the ancestral
property.
Further someone who commits murder is disqualified
from receiving any sort of inheritance from the victim.
If a relative converts from Hinduism, he or she remains
eligible for inheritance.
Amendments
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