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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 Suppose a Hindu man leaves his wife without divorce 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. Class I heirs shall, to the exclusion of all other heirs, simultaneously make the heirs of the first Class II entry the heirs of the second registration; the information in the second entry is preferable to the information in the third entry; and so on one after the other. When a Hindu woman dies without inheritance, her property passes in the following order: Related parties inherit if none of Class I or Class II or the entire Class of Agnates is present. For the calculation of the degree and the determination of preferences, the same rule applies as for agnates. The figure below shows all Class I heirs of the deceased (A) and explains their relationship to the deceased: *Note: Agnates are relationships by men, but not by blood or adoption. It can be relationships through marriages.

Relatives are relationships through females. Class I heirs include persons to whom ownership of property passes primarily upon the death of the estate. 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. The distribution of interest among Class II heirs is essentially governed by two rudimentary principles: succession (although not defined anywhere in the Act) is the transfer of the rights and obligations of a deceased person in an estate to his or her heir or heirs. The Louisiana Civil Code defines it as the process by which heirs take over the estate of the deceased. In other words, it is the right of a legal heir to follow in the footsteps of the testator, in terms of ownership control, enjoyment, management and settlement of all his property, rights, obligations, fees, etc. In short, succession is therefore a process of transferring interests in property (movable or immovable) from a testator to his legal heirs or representatives.

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. The SAH comes into question when a Hindu dies intestate (without leaving a will). After that, the succession depends on the rules contained in the SAH. In the case of a Hindu who dies intstate, his property goes to the following and in that order of preference. The following table shows the rightful heirs under the SAH. Section 3 of the Hindu Inheritance Act does not grant women the right to apply for partition within a household unless the male members so wish. This restricted women`s autonomy and rights and interfered with their privacy. Accordingly, section 3 of that law was omitted.

The Hindu Succession Act, 1956 is a law passed by the Indian Parliament. The preamble of the Act means that a law amending and codifying the law concerning legal succession among Hindus. The law provides for a uniform and comprehensive inheritance law, which seeks to ensure equal inheritance rights between sons and daughters. It applies to all Hindus, including Buddhists, Jains and Sikhs. The Hindu Succession Act of 1956 preserves the dual type of decentralization of property under the Mitakshara School. The common family always involves survival, with the important exception that when a Mitakshara coparcener dies, leaving a mother, a widow, a daughter, a daughter`s daughter, a son`s daughter, a son`s daughter, a son`s widow, a son`s widow or a daughter`s son, his interest in the joint family property passes by succession. The Hindu Succession Act 1956 deals with inheritance (a) the distinct characteristics of a Mitakshara man, (b) the separate and coparcener characteristics of a Dayabhaga man, and (c) the undivided interest in the common family property of a Mitakshara Coparcener. The Act does not apply to the property of a Hindu married to a non-Hindu under the Special Marriage Act. The heirs of a Hindu man belong to the following categories: 1) Class I heirs, 2) Class II heirs, 3) agnates, 4) related and 5) government. Class I heirs: – The property of a dying male Hindu testator would first be given to Class I heirs. They are: i. mother, ii.

widow, iii. daughter, iv. son, v. widow of a predeceased son, vi. son of a predeceased son, vii. daughter of a predeceased son, VIII. widow of a predeceased son of a predeceased son, ix. daughter of a predeceased son of a predeceased son, x. son of a predeceased son of a predeceased son, xi. daughter of a predeceased daughter and XII. Son of a predeceased daughter.

Some new heirs are added by the Hindu Law Amendment Act 2005. These are: i. son of a predeceased daughter of a predeceased daughter, ii. daughter of a predeceased daughter of a predeceased daughter, iii. daughter of a predeceased son of a predeceased daughter and iv. daughter of a predeceased daughter of a predeceased son. Actions of Class I heirs: Section 10 of the Hindu Succession Act deals with the distribution of Propositus` assets. The rules are as follows: A.] Propositus` sons, daughters, and mother each receive a share. For example: if “P” dies and leaves his mother “M”, two sons S1 and S2 and two daughters D1 and D2, each of the above heirs will receive a share, i.e. 1/5 -“M” will receive 1/5; – D1 and D2 each take 1/5 & – S1 and S2 each occupy a fifth. B.] The widow takes 1 share. If there is more than one widow, all together take a share and share it equally.

For example: “P” dies, leaving behind a widow, “W” and three daughters “D”, “D1” and “D2”. Here, everyone receives a share, that is, 1/4 each. -`W` takes 1/4, -`D`, `D1` &`D2` every 1/4. C.] Among the heirs of the branches of a predeceased son, son of a predeceased son of a predeceased son and a predeceased daughter, the doctrine of representation applies here, that is, the heirs of each branch would receive the same share as their parents would have taken over. So we see above three rules in the following example: If “P” dies, leaving behind the son “S”, widow of a predeceased son “S1”, “SW”, son and daughter of the predeceased daughter “DS” and “DD”, the widow of the predeceased son “SSW”, his daughter “SSD” and his son “SSS”. Distribution should first take place in a place of origin of the branches. There are four branches, each will take 1/4 share, i.e. – `S` will take 1/4. In the branch of `S1` there is only one heir `SW`, it represents `S1` will take 1/4. – In the branch of the predeceased daughter, there are two heirs who represent her, take 1/4 and distribute her equally, so that “DS” receives 1/8 and “DD” 1/8. – In the branch of the predeceased grandson, there are three heirs who represent him, they will take 1/4 and divide him equally, so that “SSW”, “SSD” &`SSS` will take 1/12 each. Class II heirs and their shares: If there are no Class I heirs, the assets are transferred to the Class II heirs.

They are divided into nine categories. The rule is that an heir of a previous class excludes heirs of a later class. In addition, all heirs of a category simultaneously take one share per head. They are as follows: 1] Category I – a) Father. 2] Class II – a) Son of the son`s daughter. (b) daughter of the son`s daughter. (c) Brother. d) Sister. 3] Category III – a) Son of the girl`s son. (b) daughter of the girl`s son.

(c) son of the daughter`s daughter. (d) daughter of the girl`s daughter. 4] Category IV – a) Son of brother. (b) Brother`s daughter. c) Son of the sister. (d) The sister`s daughter. 5] Category V – a) Father of the father. (b) The father`s mother.