The Clause on Property Inheritance as per Hindu Succession Act
Aug 22, 2018 Legal Guidance
Hindu Succession Act 1956 is the law to amend the law related to interstate or unwilled succession. In case a Hindu male dying reinstates, or without a will, the property will be handed over to first to heirs within Class I.
Amendment to the act was done in 2005, where female possessing any property has full rights to deal with it even after marriage. Supreme Court further amended the law in 2017 stating that all property or asset owned by a Hindu Undivided Family (HUF) would be presumed to joint property.
A person is a Hindu, which includes Virashaiva, Lingayat or follower of Brahmo, Prarthana or Arya Samaj as well as a person who is a Buddhist or Sikh.
Following are the Class I heirs
Amendment to the act was done in 2005, where female possessing any property has full rights to deal with it even after marriage. Supreme Court further amended the law in 2017 stating that all property or asset owned by a Hindu Undivided Family (HUF) would be presumed to joint property.
A person is a Hindu, which includes Virashaiva, Lingayat or follower of Brahmo, Prarthana or Arya Samaj as well as a person who is a Buddhist or Sikh.
Following are the Class I heirs
- Sons and daughters
- Widows
- Mothers
- Sons of a pre-deceased son
- Widows of a pre-deceased son
- Pre-deceased sons of a predeceased son
- Widows of a pre-deceased son of a predeceased son
Above all these, there is yet some clause where a family member disqualifies to claim the inheritance.
In the case of half-blood
Biological child is preferred over half-blood (child born to either of the parents after remarriage).
Daughters
Daughters have equal rights to the properties as sons. On the demise of the eldest male member of HUF survived by sons and daughters and has a dwelling property, then daughters rights will be decided after sons decide to segregate their share. Daughters can live in the property until marriage or be separated/divorced.
Remarried widows
If the widow of the son or brother remarries, then she cannot claim property inheritance.
Criminal record
A legal heir is disqualified from the inheritance of a murdered person if the legal heir is found guilty of murder (as per Section 25).
Religious Conversion
Legal heir does not disqualify from inheritance after conversion. However, descendants of the converts are disqualified from inheritance as per Section 26. On the contrary, the descendants are not disqualified if they reinstate the religion at the time of succession.
Disqualified heir
Even if a disqualified parent (or a disqualified heir) lose the right to inherit property, son or the Class I heir has the right to inheritance of the property as per the law in the HUF.
It must be noted that no person is disqualified on the grounds of disease, defects or any form of deformity. In the absence of any legal heir, the property will be transferred to the government.
It must be noted that no person is disqualified on the grounds of disease, defects or any form of deformity. In the absence of any legal heir, the property will be transferred to the government.
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