INTESTATE SUCCESSION
INTESTATE SUCCESSION refers to the law of the State providing for the inheritance of
property from a person who dies without leaving a will. Thus, to carry out a
“intestate succession” simply means to transfer something after the
owner has died and in accordance with the State law of intestate succession.
property from a person who dies without leaving a will. Thus, to carry out a
“intestate succession” simply means to transfer something after the
owner has died and in accordance with the State law of intestate succession.
Who Gets the Property by Intestate
Succession?
Succession?
Generally, heirs are grouped in classes, which
are created to determine the order of whom the property will transfer to and
the share of property among individual heir. The share of the property depends
on who survives the decedent. For example, in most states, if a person dies
with no surviving spouse but with three children, the children will take the
entire estate. But, if the person dies with a surviving spouse and three
children, the surviving spouse may take half of the entire estate and the other
half to three children. The classes
of heirs include the
following:
are created to determine the order of whom the property will transfer to and
the share of property among individual heir. The share of the property depends
on who survives the decedent. For example, in most states, if a person dies
with no surviving spouse but with three children, the children will take the
entire estate. But, if the person dies with a surviving spouse and three
children, the surviving spouse may take half of the entire estate and the other
half to three children. The classes
of heirs include the
following:
- The decedent’s surviving spouse
- Descendants (children, grandchildren,
and so on) - Parents
- Descendants of decedent’s
parents (siblings, nieces, and nephews) - Descendants of grandparents
(aunts and uncles)
Property and Assets Pass by Intestate
Succession
Succession
It’s important to note that not all types
of property pass by intestate succession. Property that you own alone in your
name that would have passed through a will affects intestate succession.
However, certain types of property are not considered to be part of the
decedent’s estate for purposes of intestate succession laws, such as: property
held in a living trust, life insurance proceeds, payable-on-death (POD) bank
account, and any property held in joint tenancy with right of survivorship.
Be sure to check your state’s intestate succession laws because different
states have different list of property and assets that can pass by intestate
succession.
of property pass by intestate succession. Property that you own alone in your
name that would have passed through a will affects intestate succession.
However, certain types of property are not considered to be part of the
decedent’s estate for purposes of intestate succession laws, such as: property
held in a living trust, life insurance proceeds, payable-on-death (POD) bank
account, and any property held in joint tenancy with right of survivorship.
Be sure to check your state’s intestate succession laws because different
states have different list of property and assets that can pass by intestate
succession.
Succession implies the act of succeeding or
following, as of events, objects, places in a series. In the eyes of law
however, it holds a different and particular meaning. It implies the transmission
or passing of rights from one to another. In every system of law provision has
to be made for a readjustment of things or goods on the death of the human
beings who owned and enjoyed them.
following, as of events, objects, places in a series. In the eyes of law
however, it holds a different and particular meaning. It implies the transmission
or passing of rights from one to another. In every system of law provision has
to be made for a readjustment of things or goods on the death of the human
beings who owned and enjoyed them.
Succession, in the sense of the partition
or redistribution of the property of a former owner is, in modern systems of
law, subject to many rules. Such rules may be based on the will of a deceased
person. However, there are cases in which a will cannot be expressed and
eventually, there needs to be some broadly accepted rules upon which the
property shall devolve upon those succeeding him. There can be no doubt,
however, that these rules primarily are the characteristics of the social
conditions in which that individual lived. They represent the view of society
at large as to what ought to be the normal course of succession in the
readjustment of property after the death of a citizen.
or redistribution of the property of a former owner is, in modern systems of
law, subject to many rules. Such rules may be based on the will of a deceased
person. However, there are cases in which a will cannot be expressed and
eventually, there needs to be some broadly accepted rules upon which the
property shall devolve upon those succeeding him. There can be no doubt,
however, that these rules primarily are the characteristics of the social
conditions in which that individual lived. They represent the view of society
at large as to what ought to be the normal course of succession in the
readjustment of property after the death of a citizen.
Succession of A Hindu Male Dying Intestate
Under The Hindu Succession Act:
Under The Hindu Succession Act:
Sections 8 to 13 of the Hindu Succession
Act, 1956 lay down the general rules as to the order of succession when a Hindu
male dies intestate. Section 8 lays down certain rules of succession of
property of a Hindu male who dies intestate after the commencement of the Act.
These rules are to be read along with the Schedule as well as other Sections
pertaining to the same (Sections 9 to 13).
Act, 1956 lay down the general rules as to the order of succession when a Hindu
male dies intestate. Section 8 lays down certain rules of succession of
property of a Hindu male who dies intestate after the commencement of the Act.
These rules are to be read along with the Schedule as well as other Sections
pertaining to the same (Sections 9 to 13).
Section 8 lays down as follows:
Section 8 : General rules of succession in
the case of males –
The property of a male Hindu dying intestate shall devolve according to the rules
set out in this chapter:
the case of males –
The property of a male Hindu dying intestate shall devolve according to the rules
set out in this chapter:
(a) firstly, upon the preferential heirs,
being the relatives specified in Class I of the Schedule;
being the relatives specified in Class I of the Schedule;
(b) secondly, if there is no preferential
heir of Class I, then upon the preferential heirs being the relatives specified
in class II of the Schedule;
heir of Class I, then upon the preferential heirs being the relatives specified
in class II of the Schedule;
(c) thirdly, if there is no preferential
heir of any of the two classes, then upon his relatives being the agnates
specified in Section 12; and
heir of any of the two classes, then upon his relatives being the agnates
specified in Section 12; and
(d) lastly, if there is no agnate, then
upon his relatives being the cognates specified in Section 13.
upon his relatives being the cognates specified in Section 13.
Thus, Section 8 groups the heirs of a male
intestate into four groups and lays down that the property first devolves upon
the heirs of Class I of the Schedule. They are the son, daughter, widow,
mother, son of a predeceased son, daughter of a predeceased son, son of a
predeceased daughter, daughter of a predeceased daughter, widow of a
predeceased son, son of a predeceased son of a predeceased son, daughter of a
predeceased son of a predeceased son and widow of a predeceased son of a
predeceased son. All these heirs inherit simultaneously. If heirs of Class I
are not available, the property goes to the enumerated heirs specified in Class
II of the Schedule, wherein an heir in a higher entry is preferred over an heir
in a lower entry.
intestate into four groups and lays down that the property first devolves upon
the heirs of Class I of the Schedule. They are the son, daughter, widow,
mother, son of a predeceased son, daughter of a predeceased son, son of a
predeceased daughter, daughter of a predeceased daughter, widow of a
predeceased son, son of a predeceased son of a predeceased son, daughter of a
predeceased son of a predeceased son and widow of a predeceased son of a
predeceased son. All these heirs inherit simultaneously. If heirs of Class I
are not available, the property goes to the enumerated heirs specified in Class
II of the Schedule, wherein an heir in a higher entry is preferred over an heir
in a lower entry.
In the absence of heirs of Class I and
Class II, the property devolves on the agnates and cognates of the deceased in
succession. Now, one person is said to be the agnate of the other if the two of
them are related by blood or adoption wholly through the males. Similarly, one
person is said to be the cognate of the other if the two of them are related by
blood or adoption, but not totally through males, i.e. there has to be some
intervention by a female ancestor somewhere.
Class II, the property devolves on the agnates and cognates of the deceased in
succession. Now, one person is said to be the agnate of the other if the two of
them are related by blood or adoption wholly through the males. Similarly, one
person is said to be the cognate of the other if the two of them are related by
blood or adoption, but not totally through males, i.e. there has to be some
intervention by a female ancestor somewhere.
Now, the term ‘property’ includes all
those properties of the deceased intestate that is heritable under the Act. It
includes his self-earned property as also his share in the Mitakshara
coparcenary if he is survived by any of the female heirs or daughter’s son as
mentioned in Class I of the Schedule. It also includes the property that he
might have inherited from his grandfather or father after the Act came into
force.
those properties of the deceased intestate that is heritable under the Act. It
includes his self-earned property as also his share in the Mitakshara
coparcenary if he is survived by any of the female heirs or daughter’s son as
mentioned in Class I of the Schedule. It also includes the property that he
might have inherited from his grandfather or father after the Act came into
force.
Intestate Succession among Hindus
The Hindu Succession Act, 1956 was passed
to amend and consolidate the law relating to intestate succession among Hindus.
It extends and applies to all the persons who practice the religion or who are
defined as Hindu’s (Buddhists, Jains and Sikhs) under the legal regime. The act
was further amended in 2005. As per the provisions of this Act, if a Hindu male
dies intestate then the following persons can make a claim:
to amend and consolidate the law relating to intestate succession among Hindus.
It extends and applies to all the persons who practice the religion or who are
defined as Hindu’s (Buddhists, Jains and Sikhs) under the legal regime. The act
was further amended in 2005. As per the provisions of this Act, if a Hindu male
dies intestate then the following persons can make a claim:
First Claim : Class I legal heirs. They have
equal rights to the assets.
equal rights to the assets.
They are mother, spouse and children. If
any child has died, then their children and spouse have an equal share;
any child has died, then their children and spouse have an equal share;
Second Claim : In the absence of Class I heirs,
the Class II heirs can make a claim.
the Class II heirs can make a claim.
They are, father, sibling, living
children’s grandchildren, sibling’s children etc.;
children’s grandchildren, sibling’s children etc.;
Third Claim : In the absence of Class I and
Class II heirs, the Agnates can make a claim. Agnates can be defined as the
distant blood relatives of male lineage (fathers’ side).;
Class II heirs, the Agnates can make a claim. Agnates can be defined as the
distant blood relatives of male lineage (fathers’ side).;
Fourth Claim : In the absence of Class I, Class
II heirs and Agnates, the Cognates can make a claim. Cognates can be defined as
the distant blood relatives of female lineage (mothers’ side).
II heirs and Agnates, the Cognates can make a claim. Cognates can be defined as
the distant blood relatives of female lineage (mothers’ side).
In the case of a Hindu female the
following persons can make a claim:
following persons can make a claim:
First Claim : the sons and daughters and the
husband can make a claim;
husband can make a claim;
Second Claim : In the absence of the first
claimants, the heirs of the husband can make a claim;
claimants, the heirs of the husband can make a claim;
Third Claim : In the absence of the first and
second claimants, the mother and father can make a claim;
second claimants, the mother and father can make a claim;
Fourth Claim : In the absence of the
above-mentioned claimants, the heirs of the father;
above-mentioned claimants, the heirs of the father;
Fifth Claim : And even in the absence of the
heirs of the father, the heirs of the mother can make a claim.
heirs of the father, the heirs of the mother can make a claim.
In the case a Hindu dies intestate and
without any heirs as above-mentioned, the property devolved to the State
Government under due procedure of the law.
without any heirs as above-mentioned, the property devolved to the State
Government under due procedure of the law.
Intestate Succession among Muslims
In case a person governed by the
Mohammedan Law dies intestate, the following persons can make a claim: sharers
and residuaries.
Mohammedan Law dies intestate, the following persons can make a claim: sharers
and residuaries.
Sharers are basically those heirs entitle
to a certain specific share whereas Residuaries are those that acquire the
remainder of the property.
to a certain specific share whereas Residuaries are those that acquire the
remainder of the property.
In the absence of sharers and residuaries,
a class of persons known, as Distant Kindred can make a claim to the property
of the deceased.
a class of persons known, as Distant Kindred can make a claim to the property
of the deceased.
Intestate Succession among Christians
Section 32 of the Indian Succession Act,
1925 provides that a Christian’s legal heirs are husband, wife or the kindred
of the deceased.
1925 provides that a Christian’s legal heirs are husband, wife or the kindred
of the deceased.
Heirs in Class I
1. The adopted children (son or daughter)
are also to be counted as heirs whensuccession is done.
are also to be counted as heirs whensuccession is done.
2. The children born of void or voidable
marriage (by effect of section 16) are deemed to be legitimate children
and are thus entitled to participate as sharers in the succession to the
intestate.
marriage (by effect of section 16) are deemed to be legitimate children
and are thus entitled to participate as sharers in the succession to the
intestate.
3. The widow inherits simultaneously with
the other heirs and in case there are more than one widow, together they are
entitled to one share which is to be divided equally amongst them.
the other heirs and in case there are more than one widow, together they are
entitled to one share which is to be divided equally amongst them.
4. The widow is entitled to a share from
the property of the intestate even is she remarries after his death.
the property of the intestate even is she remarries after his death.
5. The widow of a predeceased son inherits
with the other heirs. However her right (along with the children of the
predeceased son) is dependent upon the share that the predeceased son would
have been entitled to had he been alive. Also, she is excluded from the share
if she has remarried before the death of the intestate.
with the other heirs. However her right (along with the children of the
predeceased son) is dependent upon the share that the predeceased son would
have been entitled to had he been alive. Also, she is excluded from the share
if she has remarried before the death of the intestate.
6. The daughter inherits
simultaneously with the other heirs and gets the share as that of a
son. She takes the property in her individual capacity and not in
the capacity of a woman’s estate. Also, she is entitled to the
property of the intestate even if she is married.
simultaneously with the other heirs and gets the share as that of a
son. She takes the property in her individual capacity and not in
the capacity of a woman’s estate. Also, she is entitled to the
property of the intestate even if she is married.
7. The mother inherits simultaneously with
other heirs. She takes her share absolutely (because of section 14) and not
with any limited interest. Also it has been held that unchastity of mother is
no bar to her succeeding as heir to her son. She is entitled to inherit even if
she is divorced or is remarried. Here the term mother includes adoptive mother
also.
other heirs. She takes her share absolutely (because of section 14) and not
with any limited interest. Also it has been held that unchastity of mother is
no bar to her succeeding as heir to her son. She is entitled to inherit even if
she is divorced or is remarried. Here the term mother includes adoptive mother
also.
8. However, if there is an adoptive
mother, the natural mother has right to inherit the share of the intestate. A
mother is also entitled to inherit the property of her illegitimate son.
mother, the natural mother has right to inherit the share of the intestate. A
mother is also entitled to inherit the property of her illegitimate son.
Heirs in Class II
1. All heirs in Class II take
cumulatively and not simultaneously i.e. they succeed only in the order of the
Entries I to IX. An heir in the higher entry excludes all heirs in the
lower entries.
cumulatively and not simultaneously i.e. they succeed only in the order of the
Entries I to IX. An heir in the higher entry excludes all heirs in the
lower entries.
2. The father in entry I includes an
adoptive father. However, a father is not entitled to any interest in the
property of his illegitimate son as opposed to the mother. Nevertheless, a
father is entitled to inherit from his son born of a void or voidable marriage
(under section 16). Also, a step father in not entitled to inherit from his
step son.
adoptive father. However, a father is not entitled to any interest in the
property of his illegitimate son as opposed to the mother. Nevertheless, a
father is entitled to inherit from his son born of a void or voidable marriage
(under section 16). Also, a step father in not entitled to inherit from his
step son.
3. All heirs in one entry of Class II
share the property simultaneously and equally and also to the exclusion of all
heirs under subsequent entries.
share the property simultaneously and equally and also to the exclusion of all
heirs under subsequent entries.
4. All brothers and sisters inherit
simultaneously with the sister and other heirs in the Entry. Here the
term brother include both full and half brother. However when there is a
full brother, he is always preferred to a half brother 13 where, half brother
means son of the same father but different mother. Uterine brother 14 is not
entitled to share the intestate’s property. However when the intestate and his
brother are illegitimate sons of their mother, they are related to each other
as brothers under this Entry.
simultaneously with the sister and other heirs in the Entry. Here the
term brother include both full and half brother. However when there is a
full brother, he is always preferred to a half brother 13 where, half brother
means son of the same father but different mother. Uterine brother 14 is not
entitled to share the intestate’s property. However when the intestate and his
brother are illegitimate sons of their mother, they are related to each other
as brothers under this Entry.
Agnates
In case a hindu male passes away intestate
and leaves no class 1 or class 2 heirs, then the property would devolve on
agnates. A person is said to be an agnate of another if the two are related by
blood or adoption wholly through males. Agnate relationship does not extend to
relationship by marriage and is restricted to relationship by blood. Also,
agnate does not include widows of lineal descendants of the intestate.
and leaves no class 1 or class 2 heirs, then the property would devolve on
agnates. A person is said to be an agnate of another if the two are related by
blood or adoption wholly through males. Agnate relationship does not extend to
relationship by marriage and is restricted to relationship by blood. Also,
agnate does not include widows of lineal descendants of the intestate.
Cognates
If a Hindu male passes away without a Will
and has no class 1 or class 2 heirs or agnates, then the succession would be
through cognates. Cognates are ones who are related to the intestate by blood
or adoption but not wholly, through males. Thus mother’s brother’s son and
brother’s daughters son are cognates, eligible for heirship.
and has no class 1 or class 2 heirs or agnates, then the succession would be
through cognates. Cognates are ones who are related to the intestate by blood
or adoption but not wholly, through males. Thus mother’s brother’s son and
brother’s daughters son are cognates, eligible for heirship.
Section 9. Orders of succession among
heirs in the Schedule :
heirs in the Schedule :
Among the heirs specified in the Schedule,
those in Class I shall take simultaneously and to the exclusion of all other
heirs; those in the first entry in Class II shall be preferred to those in the
second entry; those in the second entry shall be preferred to those in the
third entry; and so on in succession.
those in Class I shall take simultaneously and to the exclusion of all other
heirs; those in the first entry in Class II shall be preferred to those in the
second entry; those in the second entry shall be preferred to those in the
third entry; and so on in succession.
Section 9 explicitly points out the order
of succession between the Class I and the Class II heirs and also among the
Class II heirs interse.
of succession between the Class I and the Class II heirs and also among the
Class II heirs interse.
According to this Section, Class I heirs
may be termed as preferential heirs of the intestate because the property first
devolves upon them on the death of the intestate. All the Class I heirs succeed
simultaneously and there is no question of any preference or any priority among
them. However, when there is no Class I heir, the property devolves upon the
Class II heirs enumerated in the Schedule in the nine Entries.
may be termed as preferential heirs of the intestate because the property first
devolves upon them on the death of the intestate. All the Class I heirs succeed
simultaneously and there is no question of any preference or any priority among
them. However, when there is no Class I heir, the property devolves upon the
Class II heirs enumerated in the Schedule in the nine Entries.
However, there is one basic distinction
between the Class I and the Class II heirs. While all the heirs in Class I
inherit the property simultaneously, each of the entries in Class II constitute
distinct and separate groups of heirs. Heirs in higher entries inherit in
priority, but there I no such concept of priority among the heirs in Class I.
between the Class I and the Class II heirs. While all the heirs in Class I
inherit the property simultaneously, each of the entries in Class II constitute
distinct and separate groups of heirs. Heirs in higher entries inherit in
priority, but there I no such concept of priority among the heirs in Class I.
For example, if a Hindu male dies intestate leaving behind his widow, two sons,
son of a predeceased son, widow of another predeceased son, two daughters and
son of a predeceased daughter, all of them will inherit simultaneously because
all of them are heirs in the Class I of the Schedule. However, if another Hindu
male dies intestate leaving behind his sister and his brother’s son, the sister
being an heir in Entry II of Class II will get preference over his brother’s
son who is an heir in Entry IV of Class II.
son of a predeceased son, widow of another predeceased son, two daughters and
son of a predeceased daughter, all of them will inherit simultaneously because
all of them are heirs in the Class I of the Schedule. However, if another Hindu
male dies intestate leaving behind his sister and his brother’s son, the sister
being an heir in Entry II of Class II will get preference over his brother’s
son who is an heir in Entry IV of Class II.
Section 10. Distribution of property among
heirs in Class I of the Schedule :
heirs in Class I of the Schedule :
The property of an intestate shall be
divided among the heirs in Class I of the Schedule in accordance with the
following rules:
divided among the heirs in Class I of the Schedule in accordance with the
following rules:
Rule 1 – The intestate’s widow, or if there are
more widows than one, all the widows together, shall take one share.
more widows than one, all the widows together, shall take one share.
Rule 2 – The surviving sons and daughters and the
mother of the intestate shall each take one share.
mother of the intestate shall each take one share.
Rule 3 – The heirs in the branch of each
pre-deceased son or each pre-deceased daughter of the intestate shall take
between them one share.
pre-deceased son or each pre-deceased daughter of the intestate shall take
between them one share.
Rule 4 – The distribution of the share referred
to in Rule 3-
to in Rule 3-
i. among the heirs in the branch of the
pre-deceased son shall be so made that his widow (or widows together) and the
surviving sons and daughters get equal portions; and the branch of his
predeceased sons gets the same portion;
pre-deceased son shall be so made that his widow (or widows together) and the
surviving sons and daughters get equal portions; and the branch of his
predeceased sons gets the same portion;
ii. among the heirs in the branch of
pre-deceased daughter shall be so made that the surviving sons and daughters
get equal portions.
pre-deceased daughter shall be so made that the surviving sons and daughters
get equal portions.
Sections 8 and 9 explicitly declare the
law that the preferential heirs enumerated in Class I take simultaneously and
to the exclusion of all other heirs in Class II or otherwise. The Sections do
not mention any priority among them, but it nowhere follows that every
individual heir who succeeds as a heir in Class I is entitled to an equal share
of the property along with other heirs of the Class. The computation of the
share of each is done in accordance with Section 10 which may constitute the
Statute of Distribution applicable to heirs in Class I. It should also be noted
that the Act tries to put the males and the females on equal footing. So it
allots the shares to the males and the females pari passu.
law that the preferential heirs enumerated in Class I take simultaneously and
to the exclusion of all other heirs in Class II or otherwise. The Sections do
not mention any priority among them, but it nowhere follows that every
individual heir who succeeds as a heir in Class I is entitled to an equal share
of the property along with other heirs of the Class. The computation of the
share of each is done in accordance with Section 10 which may constitute the
Statute of Distribution applicable to heirs in Class I. It should also be noted
that the Act tries to put the males and the females on equal footing. So it
allots the shares to the males and the females pari passu.
The object of Section 10 is to deal with
the amount of shares each person will be entitled to when there are more than
one to inherit simultaneously. The widow, the son, the daughter and the mother
will inherit to the property. However, this does not mean that each one of them
will get 1/4th of the property. The four rules given in this Section are
explanatory to the extent of understanding how much share each one will get.
the amount of shares each person will be entitled to when there are more than
one to inherit simultaneously. The widow, the son, the daughter and the mother
will inherit to the property. However, this does not mean that each one of them
will get 1/4th of the property. The four rules given in this Section are
explanatory to the extent of understanding how much share each one will get.
The rules are:
1) The widows, if there are more than one,
shall take together only one share and [read with Section 19(b)] inherit that
share equally as tenants-in-common and not joint tenants.
shall take together only one share and [read with Section 19(b)] inherit that
share equally as tenants-in-common and not joint tenants.
2) When there are more than one son, each
son will get a share and similarly each daughter will get a share and mother
will also get a share. Thus this is based on the Principle of Equalization.
son will get a share and similarly each daughter will get a share and mother
will also get a share. Thus this is based on the Principle of Equalization.
3) If there are sons and daughters of a
predeceased son or a predeceased daughter, they shall be entitled to take
together a share of the property of their father or mother as the case maybe,
and divide them equally among themselves. The family of the predeceased son
would be entitled to one part that the predeceased son would have been entitled
to, had he been alive. Same thing applies to a predeceased daughter. Thus these
heirs succeed to the intestate’s property not as per capita but as per stripe.
predeceased son or a predeceased daughter, they shall be entitled to take
together a share of the property of their father or mother as the case maybe,
and divide them equally among themselves. The family of the predeceased son
would be entitled to one part that the predeceased son would have been entitled
to, had he been alive. Same thing applies to a predeceased daughter. Thus these
heirs succeed to the intestate’s property not as per capita but as per stripe.
4) Rule 4 is in the nature of a corollary
to Rule 3. It states that if there is a widow of a predeceased son of a
propositus, she will take the share of the predeceased son equally with her
sons and daughters.
to Rule 3. It states that if there is a widow of a predeceased son of a
propositus, she will take the share of the predeceased son equally with her
sons and daughters.
The four rules in Section 10 are to be read
in consonance with Section 19 which gives the two basic rules in case there is
more than one heir succeeding to the property of the intestate.
in consonance with Section 19 which gives the two basic rules in case there is
more than one heir succeeding to the property of the intestate.
The rules are:
(a) save as otherwise expressly provided
in the Act, per capita and not per strip.
in the Act, per capita and not per strip.
(b) as tenants-in-common and not as joint
tenants. This is subject to any express provision to the contrary.
tenants. This is subject to any express provision to the contrary.
Section 11. Distribution of property among
heirs in Class II of the Schedule :
heirs in Class II of the Schedule :
The property of an intestate shall be
divided between the heirs specified in any one entry in Class II of the
Schedule so that they share equally.
divided between the heirs specified in any one entry in Class II of the
Schedule so that they share equally.
This Section provides that when there are
more than one heirs in one entry of Class II, they shall inherit equally. For
example, Entry III contains four heirs:
more than one heirs in one entry of Class II, they shall inherit equally. For
example, Entry III contains four heirs:
(a) the daughter’s son’s son
(b) the daughter’s son’s daughter
(c) the daughter’s daughter’s son
(d) the daughter’s daughter’s daughter.
Thus according to this Section, they all
share equally. It should be noted that the legislation does not lay down any
rule of discrimination between any male or female. If two heirs are enlisted in
the same entry, then irrespective of their sex, they share equally. All the
heirs in each one of the entries stand aequali jura and take per capita subject
to the only exception that full blood is preferred over half-blood.
share equally. It should be noted that the legislation does not lay down any
rule of discrimination between any male or female. If two heirs are enlisted in
the same entry, then irrespective of their sex, they share equally. All the
heirs in each one of the entries stand aequali jura and take per capita subject
to the only exception that full blood is preferred over half-blood.
In the case of Arunachalathammal v.
Ramachandran, it was contended that the different heirs mentioned in one entry
(in this case Entry I of Class II) are subdivisions of that particular entry
and they do not inherit simultaneously but here again there is a question of
preference i.e. the first subdivision inherits and then in its absence, the
later. The question arose because there were, in his case, one brother and five
sisters of the intestate and no other heir and the brother contended that in a
brother being in subcategory (3) of entry I, was to be preferred over sister
who was in subcategory (4) of entry I and thus he was entitled to the full
property.
Ramachandran, it was contended that the different heirs mentioned in one entry
(in this case Entry I of Class II) are subdivisions of that particular entry
and they do not inherit simultaneously but here again there is a question of
preference i.e. the first subdivision inherits and then in its absence, the
later. The question arose because there were, in his case, one brother and five
sisters of the intestate and no other heir and the brother contended that in a
brother being in subcategory (3) of entry I, was to be preferred over sister
who was in subcategory (4) of entry I and thus he was entitled to the full
property.
However the same was negated and it was held that all heirs in an
entry inherit simultaneously and there is no preference to an heir in a higher
subcategory within an entry to an heir in a lower subcategory in the same
entry. Thus we find that the equality is between every individual heir of the
intestate and not between the sub-division in any particular entry. In fact,
the court went on to say that there were no subdivisions in any entry in Class
II. They were just roman numerals representing the heirs in the entry.
entry inherit simultaneously and there is no preference to an heir in a higher
subcategory within an entry to an heir in a lower subcategory in the same
entry. Thus we find that the equality is between every individual heir of the
intestate and not between the sub-division in any particular entry. In fact,
the court went on to say that there were no subdivisions in any entry in Class
II. They were just roman numerals representing the heirs in the entry.
Section 12. Order of succession among
agnates and cognates :
agnates and cognates :
The order of succession among agnates or
cognates, as the case may be, shall be determined in accordance with the rules
of preference laid down hereunder:
cognates, as the case may be, shall be determined in accordance with the rules
of preference laid down hereunder:
Rule 1 – Of two heirs, the one who has fewer or
no degrees of ascent is preferred.
no degrees of ascent is preferred.
Rule 2 – Where the number of degrees of ascent is
the same or none, that heir is preferred who has fewer or no degree of descent.
the same or none, that heir is preferred who has fewer or no degree of descent.
Rule 3 – Where neither heir is entitled to be
preferred to the other under Rule 1 or 2, they take simultaneously.
preferred to the other under Rule 1 or 2, they take simultaneously.
This Section deals with the order of
succession among agnates and cognates. Agnates come within the scope of Section
8(c) whereas cognates come within the scope of Section 8(d). The question of
succession of cognates come only when there are no cognates and the question of
succession of agnates and cognates come only when there are no heirs in Class I
and Class II.
succession among agnates and cognates. Agnates come within the scope of Section
8(c) whereas cognates come within the scope of Section 8(d). The question of
succession of cognates come only when there are no cognates and the question of
succession of agnates and cognates come only when there are no heirs in Class I
and Class II.
Rule 1 lays down that out of two agnates
or two cognates as the case maybe, the one with the fewer or no degree of
ascent shall be preferred. Rule 2 lays down that where the degree of ascent is
the same or none, the one with fewer or no degree of descent shall be
preferred. Rule 3 lays down that in case of a tie even after applying Rules 1
and 2, they shall take simultaneously.
or two cognates as the case maybe, the one with the fewer or no degree of
ascent shall be preferred. Rule 2 lays down that where the degree of ascent is
the same or none, the one with fewer or no degree of descent shall be
preferred. Rule 3 lays down that in case of a tie even after applying Rules 1
and 2, they shall take simultaneously.
In accordance with the above three rules,
the agnate and cognate relationship maybe categorized as follows:
the agnate and cognate relationship maybe categorized as follows:
Agnates:
(a) agnates who are descendants, for
example, son’s son’s son’s son and son’s son’s daughter.
example, son’s son’s son’s son and son’s son’s daughter.
(b) agnates who are ascendants, for
example, father’s father’s father and father’s father’s mother.
example, father’s father’s father and father’s father’s mother.
(c) agnates who are collaterals, i.e. who
are related to the intestate by degrees of both ascent and descent, for
example, father’s brother’s son and father’s brother’s daughter.
are related to the intestate by degrees of both ascent and descent, for
example, father’s brother’s son and father’s brother’s daughter.
Cognates:
(a) cognates who are descendants, for
example, son’s daughter’s son’s son and daughter’s son’s son’s son.
example, son’s daughter’s son’s son and daughter’s son’s son’s son.
(b) cognates who are ascendants, for
example, father’s mother’s father and mother’s father’s father.
example, father’s mother’s father and mother’s father’s father.
(c) cognates who are collaterals, i.e. who
are related to the intestate by degrees of both ascent and descent, for
example, father’s sister’s son and mother’s brother’s son.
are related to the intestate by degrees of both ascent and descent, for
example, father’s sister’s son and mother’s brother’s son.
In both the cases, relatives (both agnates
and cognates) falling in a higher subcategory shall be preferred to a lower
subcategory i.e. descendants shall be preferred over ascendants who in turn
shall be preferred over collaterals.
and cognates) falling in a higher subcategory shall be preferred to a lower
subcategory i.e. descendants shall be preferred over ascendants who in turn
shall be preferred over collaterals.
Section 13. Computation of degrees.
1) For the purpose of determining the
order of succession among agnates or cognates, relationship shall be reckoned
from the intestate to the heir in terms of degrees of ascent or degrees of
descent or both, as the case may be.
order of succession among agnates or cognates, relationship shall be reckoned
from the intestate to the heir in terms of degrees of ascent or degrees of
descent or both, as the case may be.
2) Degrees of ascent and degrees of
descent shall be computed inclusive of the intestate.
descent shall be computed inclusive of the intestate.
3) Every generation constitutes a degree
either ascending or descending.
either ascending or descending.
Section 13 lays down the rules for
computation of relationship between the intestate and his agnate and cognate
heirs. This relationship is traced from the intestate to the heir in terms of
degrees of relationship with the intestate as the starting point. There is no
discrimination or preference between male and female heirs.
computation of relationship between the intestate and his agnate and cognate
heirs. This relationship is traced from the intestate to the heir in terms of
degrees of relationship with the intestate as the starting point. There is no
discrimination or preference between male and female heirs.
The second rule states that the
computation of the degrees of ascent and descent are to be made inclusive of
the intestate. The relationship is to be traced from the propositus on terms of
degrees with a propositus as terminus a quo, i.e. the first degree.
computation of the degrees of ascent and descent are to be made inclusive of
the intestate. The relationship is to be traced from the propositus on terms of
degrees with a propositus as terminus a quo, i.e. the first degree.
However, the order of succession among
agnates and cognates is not determined merely by the total number of degrees of
ascent and descent. It is subject to and regulated by Section 12 of the Act.
agnates and cognates is not determined merely by the total number of degrees of
ascent and descent. It is subject to and regulated by Section 12 of the Act.
The following are examples of rules of
computation of degrees:
computation of degrees:
(a) The heir to be considered is the
father’s mother’s father of the intestate. Hence there is no degree of descent
but there are four degrees of ascent represented by (i) the intestate, (ii) the
intestate’s father, (iii) that father’s mother and (iv) that mother’s father.
father’s mother’s father of the intestate. Hence there is no degree of descent
but there are four degrees of ascent represented by (i) the intestate, (ii) the
intestate’s father, (iii) that father’s mother and (iv) that mother’s father.
(b) The heir to be considered is the son’s
daughter’s son’s daughter of the intestate. Hence there is no degree of ascent
but there are five degrees of descent represented by (i) the intestate, (ii)
the intestate’s son, (iii) that son’s daughter, (iv) that daughter’s son and
(v) that son’s daughter.
daughter’s son’s daughter of the intestate. Hence there is no degree of ascent
but there are five degrees of descent represented by (i) the intestate, (ii)
the intestate’s son, (iii) that son’s daughter, (iv) that daughter’s son and
(v) that son’s daughter.
(c) The heir to be considered is the
mother’s father’s sister’s son (i.e. the mother’s father’s father’s daughter’s
son) of the intestate. He has four degrees of ascent represented in order by
(i) the intestate, (ii) the intestate’s mother, (iii) that mother’s father and
(iv) that father’s father and two degrees of descent i.e. (i) the daughter of
the common ancestor and (ii) her son (the heir).
mother’s father’s sister’s son (i.e. the mother’s father’s father’s daughter’s
son) of the intestate. He has four degrees of ascent represented in order by
(i) the intestate, (ii) the intestate’s mother, (iii) that mother’s father and
(iv) that father’s father and two degrees of descent i.e. (i) the daughter of
the common ancestor and (ii) her son (the heir).
What is to be remembered is that when
degrees, both of ascent and descent, are to be computed in case of collateral,
the degrees of ascent computed from the intestate are inclusive of him, but in
counting the degrees of descent from the ancestor, only generations of descent
are computed, that is, the ancestor does not constitute a degree of descent.
degrees, both of ascent and descent, are to be computed in case of collateral,
the degrees of ascent computed from the intestate are inclusive of him, but in
counting the degrees of descent from the ancestor, only generations of descent
are computed, that is, the ancestor does not constitute a degree of descent.
Succession of A Hindu Female Dying
Intestate Under The Hindu Succession Act.
Intestate Under The Hindu Succession Act.
The great ancient lawgivers Manu and
Baudhyana had described the good woman as a profoundly non-autonomous self, ruled
by father in childhood, by husband in youth, by son in old age. In the 19th
century debates, on the contrary, she came to be re-envisaged as a person with
a core of inviolate autonomy, possessing a cluster of entitlements and
immunities, even when the family, the community or religion refused to accept
them. The demand for the new laws stemmed from an understanding about Indian a
necessary, autonomous core of female personhood that the state must underwrite.
Baudhyana had described the good woman as a profoundly non-autonomous self, ruled
by father in childhood, by husband in youth, by son in old age. In the 19th
century debates, on the contrary, she came to be re-envisaged as a person with
a core of inviolate autonomy, possessing a cluster of entitlements and
immunities, even when the family, the community or religion refused to accept
them. The demand for the new laws stemmed from an understanding about Indian a
necessary, autonomous core of female personhood that the state must underwrite.
Under the Hindu law in operation prior to
the coming into force of the Act, a woman’s ownership of property was hedged in
by certain delimitations on her right of disposal and also on her testamentary
power in respect of that property. Doctrinal diversity existed on that subject.
Divergent authorities only added to the difficulties surrounding the meaning of
a term to which it sought to give technical significance. Women were supposed
to, it was held and believed, not have power of absolute alienation of
property. The restrictions imposed by the Hindu law on the proprietary rights
of women depended upon her status as a maiden, as a married woman and as a
widow.
the coming into force of the Act, a woman’s ownership of property was hedged in
by certain delimitations on her right of disposal and also on her testamentary
power in respect of that property. Doctrinal diversity existed on that subject.
Divergent authorities only added to the difficulties surrounding the meaning of
a term to which it sought to give technical significance. Women were supposed
to, it was held and believed, not have power of absolute alienation of
property. The restrictions imposed by the Hindu law on the proprietary rights
of women depended upon her status as a maiden, as a married woman and as a
widow.
They also depended upon the source and nature of property. Thought there
were some fragmented legislation upon the subject (regard being made to the
Hindu Woman’s Right to Property Act, 1937), the settled law was still short of
granting a status to woman where she could acquire, retain and dispose off the
property as similar to a Hindu male. The Hindu Succession Act, 1956 and
particularly Section 14 brought substantial change, thus, upon the aspect of a
right of a Hindu female over her property and thereby settled the conflict.
were some fragmented legislation upon the subject (regard being made to the
Hindu Woman’s Right to Property Act, 1937), the settled law was still short of
granting a status to woman where she could acquire, retain and dispose off the
property as similar to a Hindu male. The Hindu Succession Act, 1956 and
particularly Section 14 brought substantial change, thus, upon the aspect of a
right of a Hindu female over her property and thereby settled the conflict.
Section 15. General rules of succession in
the case of female Hindus
the case of female Hindus
(1) The property of a female Hindu dying
intestate shall devolve according to the rules set out in Section 16, –
intestate shall devolve according to the rules set out in Section 16, –
(a) Firstly, upon the sons and daughters
(including the children of any pre-deceased son or daughter) and the husband;
(including the children of any pre-deceased son or daughter) and the husband;
(b) Secondly, upon the heirs of the
husband ;
husband ;
(c) Thirdly, upon the mother and father;
(d) Fourthly, upon the heirs of the
father; and
father; and
(e) Lastly, upon the heirs of the mother
(2) Notwithstanding anything contained in
Sub-Section (1), –
Sub-Section (1), –
(a) Any property inherited by a female
Hindu from her father or mother shall devolve, in the absence of any son or
daughter of the deceased (including the children of any pre-deceased son or
daughter) not upon the other heirs referred to in sub-Section (1) in the order
specified therein, but upon the heirs of the father; and
Hindu from her father or mother shall devolve, in the absence of any son or
daughter of the deceased (including the children of any pre-deceased son or
daughter) not upon the other heirs referred to in sub-Section (1) in the order
specified therein, but upon the heirs of the father; and
(b) Any property inherited by a female
Hindu from her husband or from her father-in-law shall devolve, in the absence
of any son or daughter of the deceased (including the children of any
predeceased son or daughter) not upon the other heirs referred to in
sub-Section (1) in the order specified therein, but upon the heirs of the
husband.
Hindu from her husband or from her father-in-law shall devolve, in the absence
of any son or daughter of the deceased (including the children of any
predeceased son or daughter) not upon the other heirs referred to in
sub-Section (1) in the order specified therein, but upon the heirs of the
husband.
This Section propounds a definite and
uniform scheme of succession in the property of a female Hindu who dies
intestate after the commencement of the Act. The rules laid down under this
Section are to be read with Section 16. This Section groups the heirs of a
female intestate into five categories as laid in sub-Section (1).
uniform scheme of succession in the property of a female Hindu who dies
intestate after the commencement of the Act. The rules laid down under this
Section are to be read with Section 16. This Section groups the heirs of a
female intestate into five categories as laid in sub-Section (1).
However sub-Section (2), similar to the
scheme of Section 14, is in the nature of an exception to the general rule as
laid in sub-Section (1). The two exceptions are, if a female dies without
leaving any issue then,
scheme of Section 14, is in the nature of an exception to the general rule as
laid in sub-Section (1). The two exceptions are, if a female dies without
leaving any issue then,
(i) in respect of property inherited by
her from her father or mother, that property will devolve not according to the
order laid down as in sub-Section (1) but upon the heirs of her father, and
her from her father or mother, that property will devolve not according to the
order laid down as in sub-Section (1) but upon the heirs of her father, and
(ii) in respect of the property inherited
by her from her husband or father-in-law, that property will not devolve
according to the order laid down in sub-Section (1) but upon the heirs of her
husband.
by her from her husband or father-in-law, that property will not devolve
according to the order laid down in sub-Section (1) but upon the heirs of her
husband.
It is important to note that the two
exceptions herein referred are confined to only the property inherited from the
father, mother, husband and father-in-law of the female and does not affect the
property acquired by her by gift or other by other device. The Section has
changed the entire concept of stridhana and the mode and manner of acquisition
of property by the female, which earlier determined how the property would be
inherited, has been changed and amended by the Section. Considering Section 17,
it is important to note that Section 16 does not apply to persons governed by
Marumakkattayam and Aliyasantana laws.
exceptions herein referred are confined to only the property inherited from the
father, mother, husband and father-in-law of the female and does not affect the
property acquired by her by gift or other by other device. The Section has
changed the entire concept of stridhana and the mode and manner of acquisition
of property by the female, which earlier determined how the property would be
inherited, has been changed and amended by the Section. Considering Section 17,
it is important to note that Section 16 does not apply to persons governed by
Marumakkattayam and Aliyasantana laws.
As specified in the beginning of the
sub-Section (1), in the devolution of heritable property of a female intestate,
those in a higher entry are preferred to those in a lower entry.
sub-Section (1), in the devolution of heritable property of a female intestate,
those in a higher entry are preferred to those in a lower entry.
The order of succession, as by the effect
of rules under Section 15 can be summarized as follows:
of rules under Section 15 can be summarized as follows:
(1) the general order of succession laid
down in entries (a) to (e) in sub-Section (1) applies to all property of a
female intestate however acquired except in case of property inherited by her
from her father, mother, husband or father-in-law.
down in entries (a) to (e) in sub-Section (1) applies to all property of a
female intestate however acquired except in case of property inherited by her
from her father, mother, husband or father-in-law.
(2) In case of a female intestate leaving
a son or a daughter or a child of a predeceased son or of a predeceased
daughter, that is leaving any issue, all her property, howsoever acquired,
devolves on such issue regardless of the source of acquisition of the property and
such issue takes the property simultaneously; and if the husband of the
intestate is alive they take simultaneously with him in accordance with entry
(a). In such a case, sub-Section (2) does not apply.
a son or a daughter or a child of a predeceased son or of a predeceased
daughter, that is leaving any issue, all her property, howsoever acquired,
devolves on such issue regardless of the source of acquisition of the property and
such issue takes the property simultaneously; and if the husband of the
intestate is alive they take simultaneously with him in accordance with entry
(a). In such a case, sub-Section (2) does not apply.
(3) In case of a female intestate dying
without issue but leaving her husband, the husband will take her property,
except property inherited by her from her father or mother which will revert to
the heirs of the father in existence at the time of her death.
without issue but leaving her husband, the husband will take her property,
except property inherited by her from her father or mother which will revert to
the heirs of the father in existence at the time of her death.
(4) In case of female intestate dying
without issue property inherited by her from her husband or father-in-law (the
husband being dead), will go the heirs of the husband and not in accordance
with the general order of succession laid in sub-Section (1).
without issue property inherited by her from her husband or father-in-law (the
husband being dead), will go the heirs of the husband and not in accordance
with the general order of succession laid in sub-Section (1).
(5) In case of a female intestate dying
without issue property inherited by her from her father or mother will revert
to the heirs of the father in existence at the time of her death and not in
accordance with the general order of succession laid down in sub-Section (1).
without issue property inherited by her from her father or mother will revert
to the heirs of the father in existence at the time of her death and not in
accordance with the general order of succession laid down in sub-Section (1).
Section 16. Order of succession and manner
of distribution among heirs of a female Hindu :
of distribution among heirs of a female Hindu :
The order of succession among the heirs
referred to in Section 15 shall be and the distribution of the intestate’s
property among those heirs shall take place according, to the following rules,
namely:
referred to in Section 15 shall be and the distribution of the intestate’s
property among those heirs shall take place according, to the following rules,
namely:
Rule 1 – Among the heirs specified in sub-Section (1) of
Section 15, those in one entry shall be preferred to those in any succeeding
entry and those including in the same entry shall take simultaneously.
Section 15, those in one entry shall be preferred to those in any succeeding
entry and those including in the same entry shall take simultaneously.
Rule 2 – If any son or daughter of the intestate
had predeceased the intestate leaving his or her own children alive at the time
of the intestate’s death, the children of such son or daughter shall take
between them the share which such son or daughter would have taken if living at
the intestate’s death.
had predeceased the intestate leaving his or her own children alive at the time
of the intestate’s death, the children of such son or daughter shall take
between them the share which such son or daughter would have taken if living at
the intestate’s death.
Rule 3 – The devolution of the property of the
intestate on the heirs referred to in clauses (b), (d) and (e) of sub-Section
(1) and in sub-Section (2) to Section 15 shall be in the same order and
according to the same rules as would have applied if the property would have
been the father’s, the mother’s or the husband’s as the case maybe, and such
person had died intestate in respect thereof immediately after the intestate’s
death.
intestate on the heirs referred to in clauses (b), (d) and (e) of sub-Section
(1) and in sub-Section (2) to Section 15 shall be in the same order and
according to the same rules as would have applied if the property would have
been the father’s, the mother’s or the husband’s as the case maybe, and such
person had died intestate in respect thereof immediately after the intestate’s
death.
Rule 1 explicitly declares that among the
heirs enumerated in entries (a) to (e) of Section 15, those heirs referred to
in prior entry are to be preferred to those in any subsequent entry and those
included in the same entry are to succeed simultaneously.
heirs enumerated in entries (a) to (e) of Section 15, those heirs referred to
in prior entry are to be preferred to those in any subsequent entry and those
included in the same entry are to succeed simultaneously.
2 states that in case of the children of a predeceased son or daughter, they
shall not take per capita with the son and daughter of the intestate but shall
take per stripes i.e. the children and the predeceased son or daughter shall
succeed to the property of the intestate as if the predeceased son or daughter
was alive at the time of inheritance.
Rule 3 is applicable only when succession
is in terms of entry (b), (d) or (e) of Section 15(1). This rule 3 is to be
invoked when under rule 1 the heirs of the husband or the father or the mother
are to be ascertained for purpose of distribution of property.
is in terms of entry (b), (d) or (e) of Section 15(1). This rule 3 is to be
invoked when under rule 1 the heirs of the husband or the father or the mother
are to be ascertained for purpose of distribution of property.
Consolidation of Assets
In case of intestate death, there are
complexities in getting on record all the assets that the person owned.
Consolidation of the assets and formulating an effective plan to protect them
is a very critical step. Then, the next step is to approach the institutions
and get the assets released.
complexities in getting on record all the assets that the person owned.
Consolidation of the assets and formulating an effective plan to protect them
is a very critical step. Then, the next step is to approach the institutions
and get the assets released.
In case of Movable Assets
Movable Assets are basically property of
any description except immovable property. They include assets like jewelry,
cars, bank balance and investments made with financial institutions. They
follow the law of domicile of the intestate at the time of his/her death.
any description except immovable property. They include assets like jewelry,
cars, bank balance and investments made with financial institutions. They
follow the law of domicile of the intestate at the time of his/her death.
Process
In case of bank balance and investments,
the KYC form requires a nominee. if the name of the nominee is provided for at
the time of investment, the financial institutions will release the funds to
the nominee mentioned in the form.
the KYC form requires a nominee. if the name of the nominee is provided for at
the time of investment, the financial institutions will release the funds to
the nominee mentioned in the form.
A nominee is, by nature a trustee of the
funds, who is entrusted with the responsibility to safeguard the funds till the
legal heir is determined. In case there is no nominee, then the person making
claim will be required to produce a succession certificate.
funds, who is entrusted with the responsibility to safeguard the funds till the
legal heir is determined. In case there is no nominee, then the person making
claim will be required to produce a succession certificate.
Once the movable assets are consolidated,
the letters of administration or succession certificate may be obtained from
the competent court by a person making a claim to the assets.
the letters of administration or succession certificate may be obtained from
the competent court by a person making a claim to the assets.
In case Immovable Assets
Immovable Assets are basically property in
the nature of land, building, etc. They follow law of situs that is the place
where the property belongs. In the event the title is not disputed, the heir
can get the ownership changed at the relevant district authority that has
jurisdiction over the property.
the nature of land, building, etc. They follow law of situs that is the place
where the property belongs. In the event the title is not disputed, the heir
can get the ownership changed at the relevant district authority that has
jurisdiction over the property.
Process
In the first instance, the heir/heirs will
have to ensure that there are no pending debts.
have to ensure that there are no pending debts.
Then, upon confirmation of the ownership
of the property, the next step is to apply for mutation of the property.
Mutation essentially updates the government records. The application for
mutation is made with a local authority. The sub-divisional magistrate would
have jurisdiction in case a challenge is preferred. In case of multiple heirs,
the mutation order would contain the names of all the heirs. In such case, in
my opinion, it would be better to mark the division of property among them at
the time of mutation itself to avoid unforeseen consequences.
of the property, the next step is to apply for mutation of the property.
Mutation essentially updates the government records. The application for
mutation is made with a local authority. The sub-divisional magistrate would
have jurisdiction in case a challenge is preferred. In case of multiple heirs,
the mutation order would contain the names of all the heirs. In such case, in
my opinion, it would be better to mark the division of property among them at
the time of mutation itself to avoid unforeseen consequences.
Recently, the Delhi High Court in the
matter of Harish Chander Gupta & Others v. Rakesh Gupta &
Others, [2018] [1] has observed the following, “if a person dies after passing
of the Hindu Succession Act, 1956 and there in no HUF existing at the time of
the death of such a person, inheritance of an immovable property of such a
person by his successors-in-interest is no doubt inheritance of an ‘ancestral’
property but the inheritance is as a self-acquired property in the hands of the
successor and not as an HUF property although the successor(s) indeed inherits
‘ancestral’ property that is, a property belonging to his paternal ancestor.
matter of Harish Chander Gupta & Others v. Rakesh Gupta &
Others, [2018] [1] has observed the following, “if a person dies after passing
of the Hindu Succession Act, 1956 and there in no HUF existing at the time of
the death of such a person, inheritance of an immovable property of such a
person by his successors-in-interest is no doubt inheritance of an ‘ancestral’
property but the inheritance is as a self-acquired property in the hands of the
successor and not as an HUF property although the successor(s) indeed inherits
‘ancestral’ property that is, a property belonging to his paternal ancestor.
Conclusion
In order to avoid the complications and
consequences of intestate succession, the people in India should adopt to
estate planning. Estate planning has multifold benefits such as, it avoids any
dispute within the family, guarantees smooth transition of assets from the
deceased to the heirs, protects the wealth of the deceased, promotes better tax
planning etc.
consequences of intestate succession, the people in India should adopt to
estate planning. Estate planning has multifold benefits such as, it avoids any
dispute within the family, guarantees smooth transition of assets from the
deceased to the heirs, protects the wealth of the deceased, promotes better tax
planning etc.
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PG – 18122019