Thus, if a Hindu man dies without inheritance, his property goes to Class I heirs. These include the widowed son/daughter; Mother; son/daughter of the predeceased daughter; widow of a predeceased son; son/daughter of the predeceased son; Widow of the predeceased son. An heir is defined as a person who has the legal right to inherit part or all of the estate of another person who dies without inheritance, meaning that the deceased person did not make a legal will during their life years. In such a scenario, the heir receives property in accordance with the laws of the state in which the property is examined. But what happens if the owner of the property dies without inheritance or will? Well, in such cases, the property is divided equally among all legal heirs according to the religious laws of the deceased. For a clear understanding, let`s look at a few cases. Therefore, your mother inherits only her share of your father`s total estate as a widow. If you take your father`s 50% stake in said house, it will be divided equally among his Class I legal heirs. All these heirs inherit simultaneously and to the exclusion of other heirs.
In the absence of one of the heirs of this category, the property passes to the heirs of Class II. Class I heirs shall, to the exclusion of all other heirs, simultaneously make the heirs of the first Class II entry the heirs of the second registration; the information in the second entry is preferable to the information in the third entry; and so on one after the other. While the term „inheritance“ legally refers to a person who receives the property of a deceased person without inheritance, the word „inheritance“ is often used in everyday language to describe those who inherit property, as determined in a will. Strictly speaking, however, this use of the word is factually inaccurate, since the correct term for such a person is a „beneficiary,“ which legally defines a person authorized to collect property, as required by a will, trust, insurance policy or other binding agreement. Simply put, if a female dies without leaving her will, her mother and father can claim her property after her death. If his father and mother are not alive, the heirs of his father and mother can claim the property. Provided you are Hindu by faith, certain rules apply accordingly. As your deceased father did not draw up a will, his estate is subject to legal succession. According to the Schedule to the Indian Estates Act, 1925, for your father`s estate, Class I legal heirs would be, but are not limited to, your mother (his wife or widow), you and your siblings (if applicable), your father`s mother (if she is still alive), widows and children of your predeceased siblings (if applicable). Each of these Class I legal heirs receives an equal share of the property. If a Hindu man dies intestate and leaves no Class 1 or Class 2 heirs, the property will pass to the Agnates.
A person is called an Agnate of another if the two are completely related by blood or adoption by men. Agnate`s relationship does not extend to the relationship through marriage and is limited to the relationship through blood. Similarly, widows of descendants of intestate in direct line are not included. If there are no Class I heirs, the property reverts to the Class II heirs. These include the father; son of son/daughter; daughter of son/daughter; Brother; Sister; son of daughter/son; daughter of daughter/son; son of daughter/daughter; daughter of girl/daughter; son of brother; son of the sister; inter alia. There are many specific types of heirs, including the following: in the absence of class I and II heirs, the deceased`s property goes to the agnats and in their absence to the relatives. Agnates are distant blood relatives of male origin, while relatives are distant blood relatives of male or female lineage. If these are also not available, the estate goes to the government. IndiaFilings.com is committed to helping entrepreneurs and small business owners start, manage and grow their businesses at an affordable price.
Our goal is to educate the entrepreneur on legal and regulatory requirements and to be a partner throughout the business lifecycle, supporting the business every step of the way to ensure it is compliant and continuously growing. The Hindu Inheritance Act groups the heirs of a male Hindu into four categories and stipulates that his heirs inheritable first pass to the heirs named in Class I, which are as follows: However, to apply for a Certificate of Inheritance, certain documents are required and you must submit various documents, such as a signed application form. Proof of identity, death certificate of the deceased, proof of birth of all legal heirs, affidavit of self-enlistment and proof of address. This is a time-consuming question that requires you to wait years, as any objections filed by other legal heirs at your legal hearings can delay your case. Heirs who inherit property are usually children, descendants or other close relatives of the deceased. Spouses are generally not legally considered heirs, as they are instead entitled to property under matrimonial or joint property laws. The transfer to Class II heirs takes place in the absence of a Class I heir and in such a way that the heirs named in a particular entry are divided equally. For this purpose, if several heirs are indicated in a single entry, they divide the property simultaneously and in equal shares, excluding the heirs named in subsequent entries. Class 2 heirs include: Hindu Succession Act – Under this law, Hindu, Jain, Sikh and Buddhist families can claim the legal certificate of inheritance. But this law is applied differently to men and women. Under the Hindu Inheritance Act, a male human being who dies without leaving a will is divided among his legal heirs. There are two types of legal heirs such as Class I and Class II.
As mentioned above, if the deceased person has no children, their property is divided among their relatives. According to the Hindu Inheritance Act, if the deceased is a single man, his property is divided on the basis of categories I and II. His close relatives, including his father, sisters, and brothers, can claim his property in Category I. Suppose he has no one living in that category. In this case, his nephew, paternal grandparents, mother-in-law and sisters, paternal uncle and aunt and maternal grandparents can claim his property under Class II of the Hindu Succession Act. If you have a property, you can name your property to your family members, and they are entitled to it after your death. However, this is not an easy task, as a legal certificate of inheritance is required to claim your property after your death. You must therefore know the legal certificate of inheritance.
Professional lawyers can create a project and register your legal certificate of inheritance, and you can apply for such certificates from your local municipality or district civil court company. If you live in a village and want a legal certificate of inheritance, you need to apply for the region/taluk Tahsildar. It is not mandatory to make a will, and many middle-class family members do not opt for such legal wills during their lifetime. So if you are facing the same problem and you want to claim the property of a deceased MP, you need to hire a lawyer. If you wish to collect relevant information, please visit the website of Vakilsearch, a professional legal consulting firm. If a Hindu man dies without a will and has no class 1 or 2 heirs or agnats, the succession would be through related relatives. Parents are those who are related to intestate by blood or adoption, but not entirely by men. Thus, the son of the mother`s brother and the son of the brother`s daughters are related and have the right to inherit.
Not all heirs are beneficiaries, as in the case of a separated adult child who is intentionally excluded from a will. Similarly, not all beneficiaries are heirs. For example, a person may designate a friend or companion to receive goods. In this case, the friend is not an heir because he would not be the recipient of the property if he were to leave intestate, because he is not a child or a direct relative of the deceased. However, this friend can be named as a beneficiary exactly as determined by the deceased`s will or other agreement. An heiress is often referred to as an heiress, especially if the inheritance involves significant assets. If his father and mother are not alive, their property is divided between their legal heirs and their acquired property between the heirs of their mother and father.