April 19, 2022 ZBV3efWPpV 0 Comments

Section 15 of the Act provides for a definitive and uniform system of succession of the property of a Hindu woman who dies without a will. Section 16 of the Act establishes the order of succession of the heirs of the Hindu woman and must be read in conjunction with Section 15 of the Act, which establishes the general rules of succession. However, section 15 of the Act did not take into account the correctness of the fate of the self-acquired property of a dying Hindu woman. Lawmakers did not consider that Hindu women would own property acquired during the drafting of the legislation at the time. An heir is a person legally authorized to inherit the estate of his or her deceased ancestors without leaving a will (called an intestate). After the death of such an owner, matters relating to the inheritance of property and other claims must be taken care of by their legal heirs. A similar issue was raised before the Supreme Court in Civil Appeal No. 3241 of 2009, Omprakash and Ors. V/s Radhacharan and Ors.1 Smt. Narayani Devi was married to Sri. Dindayal Sharma in 1955 and within three months of her marriage, her husband died, leaving her a widow. As a result, she was expelled from her marital home immediately after her husband`s death. In the case of the self-acquired property of a Married Hindu woman who dies in the above-mentioned case, as in the above case, if the husband dies prematurely and in the absence of problems, her property passes to her husband`s heirs.

Her paternal and maternal heirs do not inherit her property, but her husband`s relationship would inherit as heirs to her husband, regardless of the relationship they shared. If a person dies without a legal will or will, the corresponding inheritance laws for the transfer of property held by the person to the legal heirs come into force. The legal situation of the concept of heir is quite clear. Indian law, like most laws in the world, recognizes the concept of heir. Heirs include people who have the legal right to inherit the property of their ancestors. With the growth of the nuclear family, a married woman`s dependence on her biological family and her continued closeness to her is much greater today, even if it was not earlier. Most married women would prefer their parents/siblings to be the preferred heirs to inherit their property in the absence of a husband and children. The Hindu Inheritance Act of 1956 stipulates that the property of a deceased person is divided among his heirs in Class I of the Schedule when they die without leaving a will. If a person dies without leaving a will, his widow takes a share. The class I heirs of the deceased would be the widow, son, daughter, mother, son of a predeceased son, the daughter of a predeceased son, the widow of the predeceased son, the son of a predeceased daughter, the daughter of the predeceased daughter, the son of the predeceased son of the predeceased son, the daughter of the predeceased son of a predeceased son, the widow of the predeceased son of a predeceased son. An ancestral property is divided between the legal heirs of the owner according to various laws in India. This article will give you an understanding of inheritance, the concept of heir and property rights in India.

Suppose a Hindu man leaves his wife without divorce and marries another. In the present case, his first marriage was not legally annulled and the first wife and her children are legitimate heirs. If both are divorced, the first woman cannot claim ownership and all her property belongs exclusively to her own. Even in the event that the husband and wife may have contributed to the purchase of a property, it is important to have documented proof of the percentage of each other`s monetary contribution in the event of divorce. This is especially important if you want to bring an eviction action. HSA is called into question when a Hindu dies intestate (without leaving a will). After that, the succession depends on the rules as they apply in the HSA. In the case of a Hindu man who dies in kind, his property goes to the following and in this order of preference.

The following table shows the rightful heirs according to HSA. The term “property”, although not expressly defined in the Act for the purposes of section 15 of the Act, refers to the property of the deceased Hindu woman that may be inherited under the Act. It includes movable and/or immovable property held and acquired by a Hindu woman by inheritance or division or by donation or purchase. The article does not distinguish between property inherited by a Hindu woman and self-acquired property of a Hindu woman. It only stipulates that if the property is inherited from the husband or stepfather, it will go to her husband`s heirs, and if the property is inherited from her father or mother, in this case, in the absence of their problems, the property will not go to her husband or heirs, but to her father`s heirs. THE CURRENT POSITION IN THE LAW ON SELF-ACQUIRED PROPERTY OF THE HINDU WOMAN DYING INESTATE: Let`s look at a situation where a married Hindu woman dies, leaving behind her self-acquired property. We assume that she had no problems and that she was a widow at the time of her death. According to the current legal situation, her property would fall into the second category, that is, her husband`s heirs. Thus, if her husband`s mother is alive, all the property self-acquired by the deceased Hindu woman will pass to her mother-in-law. Even if the mother-in-law is not alive, she would go according to the established rules in the case of a Hindu man dying intestate.

So, if the father of her deceased husband is alive, the next in line to inherit the property will be her father-in-law, and if the father-in-law is not alive either, then his property will pass to the brother and sister of the deceased husband. Thus, all the self-acquired property of the Hindu woman would be transferred to the brothers and sisters of the predeceased husband and not to those of the Hindu woman, even if she has living brothers and sisters. If the owner is a Hindu woman, the property is given equally to her husband and children. If none of them is present, the property goes to the heirs of their husband There are two categories of heirs delimited by law. However, if a property of a Hindu woman is inherited from her father or mother, in the absence of a son of the daughter of the deceased (including the children of a predeceased son or daughter), it does not pass to the above-mentioned heirs, but to the heirs of the father; and any property inherited by a Hindu woman from her husband or stepfather does not pass to the above-mentioned heirs in the absence of a son or daughter of the deceased (including the children of a predeceased son or daughter), but to the heirs of the husband of class I heirs who simultaneously take heirs in the first entry of Class II for those of the second entry, to the exclusion of all other heirs; those of the second entry are preferable to those of the third entry; and so on one after the other. .