Succession to the property of a Hindu Male https://www.legalservicesindia.com/article/1002/succession-to-the-prope...

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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...

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Succession to the property of a Hindu Male https://www.legalservicesindia.com/article/1002/succession-to-the-prope...

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.

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, Top
vii. Daughter of a predeceased son,

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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 heirsSubmit

are added
yourby Hindu
Article bySuccession (Amendment)
using our online form Act, 2005. They are:
Note* we only accept , we will not accept Articles
i. Son of a predeceased daughter of
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predeceased
websites.daughter,
ii. Daughter of aFor
predeceased daughter
Further Details of aeditor@legalserviceindia.com
Contact: 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:
Online Copyright Registration in India
Call us and
A.] Sons, daughters at: the mother /oforthe
email at: admin@legalserviceindia.com
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
File take
Your one
Mutual Divorce -
Call Share
us Right
andNow at: themselves /they
among or email
divideat:it tapsash@gmail.com
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
Delhi take 1/4th .
Mumbai Kolkata Chennai
C.] Among the heirs of the branches of a predeceased son, son of a predeceased
Chandigarh Pune Siliguri Chandigarh
son of a
Allahabad
Predeceased son andNagpurpredeceased daughter, Durgapur
so here the doctrineHyderabad
of
Lucknow
representation applies Nashik Janjgir Coimbatore
Noida Ahmedabad
i.e. heirs in each branch would take the sameJaipur Eluruwould have
share which their parent
taken.
Gurgaon Surat Ludhiana Belgaum
Faridabad Indore Dimapur Cochin
So, we see above three rules in the following example:
Jalandhar Agra
If ‘P’ dies leaving behind Guwahati son ‘S1’, ‘SW’,
son ‘S’, widow of a predeceased Rajkot
Vapi
Predeceased daughter’s Jalgaon
son and daughter ‘DS’Amritsar Jodhpur
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 . Top
- 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

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they will take 1/4th & among themselves share it equally, with the result that
‘SSW’, ‘SSD’&‘SSS’ each will take 1/12th.

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.
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Next heir of Hindu male is ‘Agnates and Cognates’. In it first preference is given to

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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.

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.

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.

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.

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.
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The author can be reached at: shahista@legalserviceindia.com

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

Email: shahista@legalserviceindia.com Website: http://www.

Views: 138921

: 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.

: 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

: every legal heir gets a share in ancestral property

: 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

: 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.

: 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 Top
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) ,

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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.

: 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

: 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

: 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.

: 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)

: 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.

: Father died survivor mother 2 sons and 1married Top

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

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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

: 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 ?

: 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

: 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.

: 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.

: 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

: father died when children are minors, ie one wife one son and one
daughter

Top

: sir, My grand mother Smt. Maya lata devi owning a

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: 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?

: 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?

: 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

: 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

: 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

: 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.

: Sir Kay property me chore Bhai ka bhi aadhikar hota hai

: we are 5 childrens for my family 4 male and 1 female,

unfortunately 1 person was divided very long back around 20yers and Top
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

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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.

: 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

: 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!

: Where I get the heirs chart. What i have to do for

this

: 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

: 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

: My Mother purchased a house selling her jwelleries. She

died in 1982 leaving her husband and three children. In 1983 my father Top
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

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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?

: Is there any right to a son on biological family property,

when he was going to live completely along with his wife family after
marriage.

: Dear Sir, My grandfather nominate grand sons

for their land property so what is the probability that my bua will claim
property. my grandfather did not mention even their name in the
vasiyat.

: I am 69 years old and I have 1 daughter from my first wife.

After death of my wife in 2005 I remarried a widow ,who had two sons
from her first husband . I have an ancestral property and another
property owned by my own resources.All the children and my wife are
well to do. My question is that whether my step sons have any right over
the property, or can they raise a right over the property in the event of
me bequeathing the property in the name of my daughter. I intend to
divide the property owned by me amongst the 2nd wife and her two
sons .

: I want to do juniorship at lawyer

: We were 3 brothers (A,B,C). My younger brother(B)had

purchased a land with the financial help of A & C. After some time, we
had constructed a house on it. And unfortunately, my younger
brother(B) died due to cancer. My brother(B) was unmarried when he
was died. After 15 years mother has also died. At the age of 60 my
father is going to remarry with a widow. He is also threatening to us (A &
C) that he will sale out of B property. Kindly guide us, what will be the
legal right of A & C over younger brother(B) property ? Have my father
right to sale B property without consent of A & C.

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