Succession in the Hindus is governed by the Hindu succession Act, 1956, which bases its rule of succession on the basic principle of propinquity, i.e., preference to heirs on the basis of proximity of relationship. Earlier, females were excluded, however, this rule of exclusion of females has been done away with.
The law of intestate succession is concerned with matters as to who are the Heirs, what are the rules of preference among the various relations, in what manner is the property distributed in case there is more than one heir and so on.
INTESTATE SUCCESSION- A person who dies without making a will is known as intestate. An heir is a person entitled to inherit property after the death of the intestate.
The Hindu Succession Act applies to the whole of India except the State of Jammu and Kashmir.
The Act applies to all Hindus, Buddhists, Jainas, Sikhs and to any other person who is not a Muslim Christian, Parsi or Jew.
Under the Mitakshara School, the joint family property devolves by survivorship.
When a male Hindu dies after the commencement of this Act having at the time of his death an interest in a Mitakshara coparcenery property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenery and not in accordance with this Act.
However, if the Mitakshara dies leaving behind a female relative or male relative claiming through Class I, this undivided interest will not devolve by survivorship but by succession as provided under the Act.
The property of the male Hindu dying intestate shall devolve in the following manner
CLASS Ist HEIRS
CLASS IInd HEIRS
Class I heirs take simultaneously to the exclusion of all other heirs in the first entry of 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.
The property of a female Hindu dying intestate shall devolve:
However, if any property is inherited by a female Hindu from her father or Mother, it shall devolve in the absence of any son of daughter of the deceased (including the children of any predeceased son or daughter) not upon the heirs referred to above but upon the heirs of the father; and 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 their referred to above, but upon the heirs of the husband.Copyright 2022 – Helpline Law - HLL001
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