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Hindu Succession Act applies on Hindus, Buddhists, Jains, and Sikhs.

admin by admin
February 26, 2023
in Home Decor


Succession rights of majority of people in India are regulated under the provisions of the Hindu Succession Act, 2005. This makes it imperative for all property owners to know the key provisions of this law. Look at the main provisions of the law that regulates succession law in India.

Scope

The act applies to all who follow Hinduism, Buddhism, Jainism and Sikhism. The act does not include Christians, Muslims, Parsis, and Jews.

 

Definition of intestate

According to the law, intestate is a condition in which a property owner dies without leaving a ‘will’. In such a scenario, the estate of the person is distributed among his heirs based on the provisions of the Hindu Succession Law.

Definition of heir

The act defines heir as “any person, male or female, who is entitled to succeed to the property of an intestate”.

 

Classification of heirs

Under the Hindu Succession Act 1956, legal heirs are categorised into two classes — Class-I and Class-II. In case, an estate holder dies without leaving a ‘will’, Class-I heirs will have the first right on the wealth. Class-II heirs can claim their rights only if there are no Class-I heirs available.

 

List of Class-I heirs
  1. Son
  2. Daughter
  3. Widow
  4. Mother
  5. Son of a pre-deceased son
  6. Daughter of a pre-deceased son
  7. Son of a pre-deceased daughter
  8. Daughter of a pre-deceased daughter
  9. Widow of a pre-deceased son
  10. Son of a pre-deceased son of a pre-deceased son
  11. Daughter of a pre-deceased son of a pre-deceased son
  12. Widow of a pre-deceased son of a pre-deceased son
  13. Son of a pre-deceased daughter of a pre-deceased daughter
  14. Daughter of a pre-deceased daughter of a pre-deceased daughter
  15. Daughter of a pre-deceased son of a pre-deceased daughter
  16. Daughter of a pre-deceased daughter of a pre-deceased son
List of Class-II heirs
  1. Father
  2. Son’s daughter’s son
  3. Son’s daughter’s daughter
  4. Brother
  5. Sister
  6. Daughter’s son’s son
  7. Daughter’s son’s daughter
  8. Daughter’s daughter’s son
  9. Daughter’s daughter’s daughter
  10. Brother’s son
  11. Sister’s son
  12. Brother’s daughter
  13. Sister’s daughter
  14. Father’s father
  15. Father’s mother
  16. Father’s widow
  17. Brother’s widow
  18. Father’s brother
  19. Father’s sister
  20. Mother’s father
  21. Mother’s mother
  22. Mother’s brother
  23. Mother’s sister

 

Non-applicability on property

Rules of this Succession Law don’t apply on a property succession regulated by the Indian Succession Act, 1925.

 

Property rights of women

After an amendment to Section 6 of the Hindu Succession Act of 1956 in 2005, daughters have been put on par with sons, as far as coparcenary rights in HUF property are concerned. Consequently, the daughter gets all the rights attached with coparcenary.

 

Coparcener

Coparcener stands for a joint heir. The Hindu Succession Act establishes that an individual born in a Hindu Undivided Family becomes a coparcener by birth. Note that both sons and daughters are coparceners in an HUF and share equal rights.

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