People who Cannot Inherit Property Under Hindu Succession Law
May 09, 2019 Real Estate News
When a man dies without leaving a will behind, then the property is divided equally among his heirs. An amendment was made into an Act in 2005, which gave rights to women to be the coparceners in on the ancestral property even after marriage.
In 2017, the Supreme Court reiterated that under HUF the property jointly belongs to all the members of the family equally. Unless a person is disqualified from inheriting the property, the law stands.
We discuss the cases in which a person is not qualified for inheritance:
Under Hindu Succession Law, mothers are Class I heir while fathers are Class II heir. It has been suggested that both the parents should be Class I heirs.
Another confusion that needs to be cleared is that mothers are Class I heir but the ‘father’s widow’ is classified as Class II heir.
Grandchildren are the Class I heir of the deceased, but the brother and sister of the same are Class II heirs.
In 2017, the Supreme Court reiterated that under HUF the property jointly belongs to all the members of the family equally. Unless a person is disqualified from inheriting the property, the law stands.
We discuss the cases in which a person is not qualified for inheritance:
Half-blood
If the relationship between two people is same apart from the fact that they are step brother and sisters then, if a man dies intestate, then only the biological children are qualified to have first right over the property.Simultaneous deaths
In case of simultaneous death, where it is not clear who died first, then the law presumes that the younger survived the elder until proved wrong.Daughters
Daughters have the equal right on the property as the sons. But if a man dies intestate, and is survived by sons and daughters, and leaves a dwelling house behind, which the daughter may or may not occupy. The share of daughter comes only when the son of the deceased decides to share the rights equally. Though, she can continue to live in the house if she is a widower, separated, deserted or unmarried.Remarried widows
The widower who remarried cannot claim their rights on the property of the predeceased husband.Criminal
The heir of the deceased is not allowed to claim their right on the property if the person is a criminal or have been found guilty of murder or abetment of murder.Conversion
Converts are not disqualified from inheriting the property of their parents. However, the decedents of the converts are disqualified from inheriting the property under the Hindu Succession Law. However, the rule does not apply if the decedents were Hindu at the time when succession opens.Disqualified heir
If the parent has excluded the son or the heir before the will has been written. The disqualified heir is not allowed to claim their share in the property after the parent is deceased.Anomalies of Hindu Succession Law
Certain defects in the Hindu Succession Law created confusion. For example, there were four categories of Class II heirs: a) son’s daughter’s daughter, b) daughter’s son’s daughter, c) daughter’s daughter’s son, d) daughter’s daughter’s daughter. They were later moved to Class I heirs, but their entries were not deleted from Class II heirs and hence created a lot of confusion.Under Hindu Succession Law, mothers are Class I heir while fathers are Class II heir. It has been suggested that both the parents should be Class I heirs.
Another confusion that needs to be cleared is that mothers are Class I heir but the ‘father’s widow’ is classified as Class II heir.
Grandchildren are the Class I heir of the deceased, but the brother and sister of the same are Class II heirs.
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