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Published : January 27, 2012 | Author : shahistapathan
Category : family law | Total Views : 83214 | Rating :

  
shahistapathan
I am Shahista Musa Pathan. I am studing in Third Year of Five Year Law course, at Ismailsaheb Mulla Law College, Satara.
 

 “Succession to the property of a Hindu Male”

The Hindu Succession Act, 1956, is a law that was passed by the ‘Parliament of India’. The preamble of the Act signifies that an Act to amend and codify the law relating to intestate succession among Hindus. The Act lays down a uniform and comprehensive system of succession whereas attempt has been made to ensure equality inheritance rights between sons and daughters. It applies to all Hindus including Buddhists Jains and Sikhs. The Hindu Succession Act, 1956 preserves the dual mode of devolution of property under the Mitakshara School. The joint family still devolves by Survivorship with this important exception that if a Mitakshara Coparcener dies leaving behind mother, widow, daughter, daughter’s daughter, son’s daughter, son’s son’s daughter, son’s widow, son’s son’s widow, or daughter’s son his interest in the joint family property will 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 undivided interest in the joint family property of a Mitakshara Coparcener.

The Act does not 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 fall under the following categories:-
1) Class I heirs,
2) Class II heirs,
3) Agnates,
4) Cognates, and
5) Government.

Class I heirs:-

The property of a Hindu Male dying intestate would be given first to heirs within Class I. 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 Hindu Succession (Amendment) Act, 2005. They 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.

Shares of Class I heirs :

Section 10, Hindu Succession Act deals with the distribution of the property of the propositus, among class I heirs. The rules are:

A.] Sons, daughters and the mother of the propositus each take one share.
For example:-
If ‘P’ dies leaving behind his Mother ‘M’, two sons S1 and S2 and two
Daughters D1 and D2, each of the above heirs will take one share, i.e., 1/5th
-‘M’ will take 1/5th ;
- D1 and D2 each will also take 1/5th &
- S1 and S2 each will take one fifth.

B.] Widow takes1 share. If there are more than one widow, all of them together take one
Share and among themselves they divide it equally.
For example:-
‘P’ dies leaving behind a widow, ‘W’ and three daughters ‘D’, ‘D1’, and
‘D2’. Here each will take one share, i.e. 1/4th to each.
-‘W’ will take 1/4th,
-‘D’, ‘D1’ &‘D2’ each will 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 daughter, so here the doctrine of representation applies
i.e. heirs in each branch would take the same share which their parent would have taken.

So, we see above three rules in the following example:
If ‘P’ dies leaving behind son ‘S’, widow of a predeceased son ‘S1’, ‘SW’,
Predeceased daughter’s son and daughter ‘DS’ and ‘DD’, predeceased son’s
Predeceased son’s widow ‘SSW’, his daughter ‘SSD’ and his son ‘SSS’.
Distribution is first to be made at a place where branches come into existence.
There are four branches, each will take 1/4th share i.e.
- ‘S’ will take 1/4th .In the branch of ‘S1’ there is only one heir ‘SW’, she
representing ‘S1’ will take 1/4th .
- In the branch of predeceased daughter, there are two heirs, they representing her
will take 1/4th and between themselves divide it equally, with result that ‘DS’
will take 1/8th and ‘DD’ will take 1/8th .
- In the branch of predeceased grandson, there are three heirs, representing him
they will take 1/4th & among themselves share it equally, with the result that
‘SSW’, ‘SSD’&‘SSS’ each will take 1/12th.

Class II heirs and their shares:
If there are no heirs in Class I, the property will given to the heirs within Class II. They are divided into nine categories. The rule is that an heir in an earlier category excludes heirs in later category. Further all heirs in one category take simultaneously per capita share. They are as follows:

1] Category I -
a) Father.

2] Category II -
a) Son’s daughter’s son.
b) Son’s daughter’s daughter.
c) Brother.
d) Sister.

3] Category III -
a) Daughter’s son’s son.
b) Daughter’s son’s daughter.
c) Daughter’s daughter’s son.
d) Daughter’s daughter’s daughter.

4] Category IV -
a) Brother’s son.
b) Brother’s daughter.
c) Sister’s son.
d) Sister’s daughter.

5] Category V -
a) Father’s father.
b) Father’s mother.

6] Category VI -
a) Father’s widow. [Step mother].
b) Brother’s widow.

7] Category VII -
a) Father’s brother.
b) Father’s sister.

8] Category VIII -
a) Mother’s father.
b) Mother’s mother.

9] Category IX –
a) Mother’s brother.
b) Mother’s sister.

The rule of share in Class-II heirs is that each will take per capita including widow.

Agnates and Cognates:
Next heir of Hindu male is ‘Agnates and Cognates’. In it first preference is given to ‘Agnates’ & then ‘Cognates’. The rules for determining who are agnates & cognates are the same; so are the rules relating to distribution of property among them.

Agnates mean when a person traces his relationship with another through males, he or she is an ‘Agnates’. For instance brother, brother’s son, son’s son, son’s son father, father’s father, father’s mother, father’s father’s father & mother, son’s daughter, son’s son’s daughter………. etc are agnates.

On other hand cognates means whenever in the relationship of a person with another, a female (or more than one female) interverence anywhere in the line, one cognate to another. For instance sister’s sons & daughters; daughter’s sons & daughters; mother’s mother & father; father’s mother’s father & mother; mother’s father’s son & daughter………..etc are all cognates.

Government:
If a Hindu male leaves behind neither class I, nor class II, nor any agnates, nor any cognates upon his death, then, his entire property lapses to the government. This is called as “Escheat”. When government takes his property as heir, it takes with subject to all the obligations and liabilities of propositus.

Succession to a Mitakshara Coparcener’s Interest
The Section 6 of the Act has been extensively amended by the Hindu Succession (Amendment) Act, 2005; while recognizing the rule of devolution by Survivorship among the members of the coparcener makes an exception to the rule in the proviso.
According to proviso, if the deceased has left a surviving female relative specified in class I or a male relative specified in that class who claim through such female relation, the interest of a deceased in Mitakshara Coparceners property shall devolve by testamentary of instate succession under the Act and not as Survivorship.

Certain exceptions:-
If , and the heirs are both male and female, the female heir is not allowed to request partition until the male heir chooses to divide their respective shares. If this female heir is a daughter, she has the right to reside in the home if she is unmarried, divorced or widowed.
After the Hindu Succession (Amendment) Act, 2005; Section 6, the difference between the female and male inheritor has been abolished . Now even female inheritor [daughter] can also claim partition of the ancestral property.
Further any person who commits murder is disqualified from receiving any form of inheritance from the victim.

If a relative converts from Hinduism, he or she is still eligible for inheritance.

Amendments
The Hindu Succession (Amendment) Act, 2005, amended Section 6 of the Hindu Succession Act, 1956, allowing daughters of the deceased equal rights with sons. In the case of coparcenary property, or a case in which two people inherit property equally between them, the daughter and son are subject to the same liabilities and disabilities. The amendment essentially furthers equal rights between males and females in the legal system.

Authors contact info - articles The  author can be reached at: shahista@legalserviceindia.com




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Article Comments

Posted by cssundaram on September 01, 2016
My Mother purchased a house selling her jwelleries. She died in 1982 leaving her husband and three children. In 1983 my father married second time and got two children to his second wife. He executed a will giving this house to second wifes children. We filed a suit asking the property. He replied that he has purchased the property in the name of my mother. But before the suit comes to trial he passed away. Whether we can claim the house fully as he has expired and the house was bought by my mother using only her sthreedhan?

Posted by Rajendra on August 31, 2016
fater has left his wife and sons and do not care them. wife and sons are filed a partition suit against father/husbant to ancestral property. are they got their share from their father/husband by any indian law

Posted by RAHUL KUMAR on July 22, 2016
Sir mere pittaji double married phle maa ke gujarne ke baad unnhone dussri shaadi kari phle maa se ek beta ek beti dusre se v ek beta ek beti or jo bade bhai hai wo pareshan krte hai papa ko ki meko khandanni property me 50%share de dijiye toh kya ye sahi hai ya galat

Posted by Vijay Sitaram Borse on May 24, 2016
Where I get the heirs chart. What i have to do for this

Posted by Saranya on April 21, 2016
Hi,

Need an assistance!!

I got married on 30th Jun’14 but my husband was passed away on 15th Jan’15 due to an accident happened on his office. I don’t have any kids.
We got some settlement amount from his office with 50% 50% ration (In-laws 50% & widowed wife 50%).
Family members : Father-in-law, Mother-in-law, two Sister-in-law (both are married) and myself.
My father-in-law is having overall 15 acres & one house in his native place and most of them from ancestors and few he bought it.
My husband was constructed a new house in Chennai, he was spend more than 10 lakhs to the construction. However, the house was in his grandma’s name.
Here are my questions:
Do I eligible to get any property from my father-in-law (as per Hindu law)??? If yes, can you please let me know the proportion % (its 5 share or 3 share?)
Is it possible to get the house or claim the construction amount?

Please help me!


Posted by H C Arora on April 03, 2016
My father expired in June 2008.I have step mother who has three children -two boys and one daughter & all are married and having kids. I

have two elder sisters and no real brother. One married sister is expired. I don't know my father has left will or not but was having property. Please advise me how can I claim my share

Posted by somanath on March 31, 2016
we are 5 childrens for my family 4 male and 1 female, unfortunately 1 person was divided very long back around 20yers and my father was brought 3.5 hector he made agreement but he had not paid full of amount he paid up to 25% and the reaming 75% amount has paid who suppurated from us. now telling that i need share in father property and full property from reaming balance paid property. how to devoid the property now. please can anyone suggest for this.

Posted by UMESH on March 18, 2016
Sir Kay property me chore Bhai ka bhi aadhikar hota hai

Posted by kan on February 24, 2016
Hello,

Couple of months back my brother-in-law died (Sister’s Husband); he enrolled for Policies, PPF Account with nominee (my Sister & his Son); but now sister’s In-Laws harassing my sister for money. So, please advice.


Posted by prithviraj on February 11, 2016
if X man died in 1980 he had one married son(A) and one married daughter(B) died in 1990 daughter had 2 sons and one daughter according to 1956 hindu sucssesion law what is the ratio between A and B

Posted by Ritesh on January 26, 2016
sir me ye jana chata hu ki meri mother ab nahi he or meri step mothet muje mere son or wife ko 5saal se nahi rahine de rahe he meri financial thik nahi he pls muje ye bataye mera mere father ki property par kya right he

Posted by bindu on January 18, 2016
a hindu male died intestate leaving behind widow,mother and daughter,widow remarried,so whether she have any right in the property of the intestate husband as she is remarried.Who will get the right to that property Please advice me

Posted by rajesh kr on January 02, 2016
A hindu family have two brothers and one married sister,both broter have buy land registry by name of both brothers in about 1962,after registery one brother is death and in 1975 live brother sell all portion of land ,it is valid or not,is any shere left for sister

Posted by samarth on December 24, 2015
My father & his brothers were living together with their childrens . They were helping each other in their business . My father had purchased land on his own Name & Built Commercial Complex on it .Now Can other brothers has right to demand share in that property?

Posted by Sourab Chatterjee on December 15, 2015
sir,
My grand mother Smt. Maya lata devi owning a land died in 1950 without leaving any will of property and was survived by his two sons Mr. Shyamadas Mukherjee and Taradas Mukherjee.Shyamadas Mukherjee the elder son died in 1988 without any will.What would be the status of His property after his death? would that property automatically be transfered to his younger brother Mr. Taradas Mukherjee? or what are the other options?

Posted by teja on December 07, 2015
father died when children are minors, ie one wife one son and one daughter

Posted by paramveer singh on November 13, 2015
my son and his had get out from my house build by me and my father when my father was alive. their behave is still what i do

Posted by naveen on October 30, 2015
Dear Sir..
I have a question on a flat purchased by a husband on Wife's name and She is now no more. They have a Son and a Daughter besides husband. Please help us understand as per law whom shall the flat shall be transferred. There may be two circumstances, (A) is in case the nomination of husband is there in the society. (B) is what if the Son and Daughters are minors.

Look forward for your help in this matter.

Posted by prasant kumar on October 09, 2015
Sir.
Mere dada ji ki property thi r mere pita ji unke eklaute beta h r unki do marriage hui h dono own sister h. Badi mom k ek beta aur meri mom k 1 beti r hm do bhai h.. mere step brother r mer bde bhai ki and sister ki sadi ho gyi h mai unmarried hu.. mere step brother property me adha hinsa mang rhe j jbki meri step mom hm dono bhai nd mere mom dad sb sath rhte h. Meri step mom v apne bete k sath kvi nhi rhna chahti h.. so sir pls guid me ki property me kiska kya share hoga hm by cast baniya nd religon se hindu h.. pls sir suggest me what can I do.. kya meri sister ka v shair hoga agr wo dimand krti hto.


Posted by S A Patel on October 06, 2015
Query here,
If my faher deid and mother doing 2nd marriage,
Then the son from 2nd marriage is in part of my father's property ?

Posted by Ranjit on September 02, 2015
Father died survivor mother 2 sons and 1married daughter.Father has nominated Ranjit in main account but did not write any will.what will be distribution of the house father has made on his own.
Secondly is not supporting me as she is staying with his younger son in the ground floor and I am staying in the first floor.
Please suggest.
Ranjit

Posted by Subhendu Chowdhury on August 30, 2015
My father expired some 3 years back when I was not present there. He left behind property and money. We are 2 brothrers. I have settled in Assam whereas my elder brother stays in the ancestral house in West Bengal. Now he is refusing to give me any share. Please advice me.

Posted by saurabh on August 22, 2015
sir, Mere dadaji ki death ho gyi hai. Par dadi abhi jinda hai. Mere dadaji ke 2 ladke and 4 ladki hai, sbhi ki shadiya ho chuki hai, 2 ladko me se 1 mere papa ki death ho gyi hai, mere papa ke bad mai aur maa bache sadasya hai. Dadi hamare sath rahti hai.
Mere chacha(papa se bade bhai) ek sarkari seva se retired hai.pension paate hai.Mere chacha ke 1 ladka aur 3 ladkiya hai, 1 ladki ko chhor baki shadi suda hai.

Meri dadi ko sarkari pension milta hai.

Mai yah janta chahta hu ki kanuni taur pe mere dadi ki dekhbhal ki jimevari kiske banti(1) mere chacha ya(2) meri(unke pota)

Posted by rajesh on August 01, 2015
sir, meri mummy ke father ki aug.2005 me death ho gayi thee.
meri mummy ki death 1983 me unse pahle hi ho chuki thee.
now 2011 me mere mama (mummy'brother) ne mujhe suchna diye bina hi civil suit court se keval khud ko varis banvaker saari property le lee h.civil court judgement me meri died mother ya mera naam nahi h. mai ek married woman hu. Kya nana (mummy'father) ki property me mera right banta h? kindly mujhe solution bataye.

Posted by Manoj on June 11, 2015
Hmari jmeen mere pardada ke name thi mere dada ki death 1953 me ho gai. Mere papa aur bua do varis h meri dadi ne vasiyat mere name kr di h. Kya meri bua hissa maang skti h

Posted by Anand on April 24, 2015
We are three brothers and got a valuable ancestral property.I am no 2 among brothers and unmarried.Can I claim my share from the ancestral property as am single.
Please explain the procedure of division as other bros are not ready

Posted by piush on December 25, 2014
My four father (ancestral) property partition.
My elder brother has all the ancestral property, he is not give my share of this property, so I give my first notice on that date 10-12-98 , and received replay of this notice on 30-12-98, and next notice is given on 31-05-99 by me.
My lawyer suit a file in adj court on 15-9-2000 without court fess (indigent) , On 24-09-2003 court order me to pay a court fess with in one month and giving next hiring Date (23-10-2003).
               But in this period, I am not able to deposit court fess so that case is dismiss on 23-10-2003
Now in this time what we do for this case, My son or me are eligible to appeal in the court for this ancestral property.


Posted by Patil on November 15, 2014
my great Grand father died in 1951 living behind 2 son & 3 daughter out of that one daughter died before 1950 living behind daughter can she claim share in property & what will be her share.

Posted by akash mahato on January 09, 2014
My grand father has double marriage . First wife born one child and second gave birth to four child . Now how my grand father property will be distributed among his five children . By religion we are hindu .please mention certain article of indian constitution

Posted by advocate mishra on August 27, 2013
every legal heir gets a share in ancestral property

Posted by advocate mishra on August 27, 2013
Mr. Pradeep K, it should be mentioned in the order sheet, if not than file an application in the same court for the judge to give clarity to the judgment, this will help avoid unnecessary tension amongst family members

Posted by Pradeep K on August 25, 2013
Sir,
A hindu male died leaving behind his wife, one eldest daughter and four younger major sons.The court in final decree proceeding partioned the property by metes and bounds as A,B,C,D,E,and F. My questions is who will get the first share i.e A, and who will B.i.e second share. Is it according to birth that is widow first, elder daughter second and brothers so on or widow first, sons next and lastly daughter. Kinly respond to my query.

Posted by atul sarpal on June 04, 2012
i am getting my ancestral home in New Delhi (India) freehold-ed, my
great grandparents,grandparents father and two aunties have all
expired...
i was wondering whether the husbands or remaining children of my expired
aunties have any rights to my great grandparents ancestral home? both my
expired aunties left the ancestral home over 45years ago after they got
married, if their surviving husbands or surviving children have any
rights please kindly advice me accordingly... i look forward to your
prompt response kindest regards Atul

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