Intestate Succession

 

Dr. Mamta Rana

 

  Separate Properties Properties of Mitakshara Male    Separate and Coparcenary Properties Dayabhaga Male 

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 Undivided interest in the joint family property of a Mitakshara Coparcener, who leaves behind a widow, mother, daughter, daughter's daughter ,   son’s  daughter ,   son’s widow ,   grandson’s   daughter,   grandson’s widow or  daughter’s   son

 

 Class I    Class II   Agnates 

 Cognates   Government 

 

  Mother    Widow    Daughter    Son    Widow of a Predeceased Son    Son of a Predeceased Son    Daughter of a Predeceased Son Son of a Predeceased Predeceased Son    Widow of a Predeceased Son    Daughter of a Predeceased Predeceased Son o off a Predeceased Predeceased Son Predeceased Son    Son of Predeceased Son of a Predeceased    Daughter of a Predeceased Daughter 

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   Son Son of of a a Predeceased Predeceased Predeceased Daughter Daughter of a Predeceased Daughter Daughter of a Predeceased Daughter Daughter of a Predeceased Predeceased Daughter    Daughter of    Daughter of of a Predeceased Son of a Predeceased Daughter Daughter of a Predeceased Daughter Daughter of a Predeceased Predeceased Son    Daughter of 

 

I. Father II. Heirs    Son’s Daughter’s Son   Son’s Daughter’s Daughter    Brother     Sister III. Heirs   Daughter’s Son’s Son    Daughter’s Son’s Daughter    Daughter’s Daughter’s  Son   Daughter’s Daughter’s  Daughter IV. Heir   Brother’s Son    Brother’s Daughter    Sister’s Son     Sister’s Daughter V . Father's Father Father’s Mother VI.  Father’s Widow Brother’s  Widow VII.  Father’s Brother Father’s Sister VIII. Mother’s Father Mother’s Mother IX .   Mother’s Brother Mother’s Sister  

 

  Descendants Agnates Agnates    Ascendants Agnates Agnates    Descendants Cognates Cognates

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  Ascendants Cognates Cognates Cognates    Collateral Cognates

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 When the claimants are descendants, ascendants and collaterals , the descendants are preferred over the latter two    When When all all the the clai claima mant nts s ar are e desc descen enda dant nts s , th the e one one having fewer degrees will be preferred; if they have the same degrees of descent , they will take simultaneously    When all the claimants are ascendants , the one having fewer degrees of ascent will be preferred. If  same degrees, they will inherit simultaneously    When When all all th the e clai claima mant nts s ar are e coll collat ater eral als, s, th the e rule rule of  preference will be who have fewer degrees of ascent 

 

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  If a Hindu male has no heirs under all the preceding four heads , the Government takes the th e pr prop oper erty ty as an he heir ir.. Wh When en Go Gove vern rnme ment nt takes his property as heir, it takes it subject to all the obligations and liabilities of  propositus 

 

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 Section2 of Hindu Women Right to property Act,1937 states: Notwithstanding any rule of  Hindu Law or cus custom to the contrary, th the e provisions of section 3 shall apply where a Hindu dies intestate leaving a widow.

 

Secti Sec tion on3: 3:De Devo volu luti tion on of prop proper erty ty.. (1 (1)) Wh When en a Hindu governed by the Dayabhaga School of  Hindu Law dies intestate leaving any property, and when a Hindu governed by any other school of Hindu Law or by customary law dies intestate leaving separate property, his widow, or if there is more than one widow all his widows together, shall, subject to the prov pr ovis isio ions ns of su subb-se sect ctio ion n (3), (3), be en enti titl tle ed in respect of property in respect of which he dies intestate to the same share as a son:]

 

  Prov Provid ided ed th that at the the wido widow w of a pred predec ecea ease sed d son son sh shal alll inhe inheri ritt in li like ke manner as a son if there is no son surviving of such predeceased son, and shall inherit in like manner as a  son’s son if there is surviving a son or  son’s son of such predeceased son: same provision shall apply m mutatis utatis mutandis to    Provided further that the same the widow of a predeceased son of a predeceased son.

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  Dayabhaga (2) When a Hindu Hind u governe governed d by any school schoo l of*Hindu Hin du Law other than the School or by customary law dies having at the time of his deat de ath h an inte intere rest st in a Hind Hindu u jo join intt fami family ly pr prop oper erty ty,, hi his s wi wido dow w shal shall, l, subject to the provisions of sub-section (3), have in the property the same interest as he himself had. interest terest devolving devolving on a Hindu Hindu widow under under the provi provisions sions of this    (3) Any in section shall be the limited interest known as a Hindu  woman’s  estate,

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prov pr ovid ided ed as howe hoaweve verr owner. that that she she shal shalll have have th the e same same righ rightt of clai claimi ming ng partition male   (4) The provis provisions ions of this section section sha shall ll not apply to an estate which by a customary or other rule of succession [or by the terms of the grant applicable thereto] descends to a single heir or to any property to which the Succession Act, 1925 (XXXIX of 1925), applies.

 

  Section14,Hindu Section14,Hindu Succession Succession Act,1956: Property Property of a female Hindu to be her absolute property.— (1) Any  Any property possessed by a female Hindu, whether acquired before    (1) or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation.—In this sub-section, “property” includes both movable and immovable property acquired by a 

female Hindu or byarrears inheritance or devise, ororatby a partition, lieu of  maintenance of maintenance, gift from or anyinperson, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.    (2)   Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of  the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.

 

Property of a Hindu Female

Property inherited from her father and mother

Property inherited from her husband or fatherin-law

Property from any other source by inheritance or otherwise

 

Entry (a)

Sons

Daughter

Son and Daughter of a pre-decease pre-deceased d son

Son and Daughter of a pre-deceased Daughter

 

  Entry (b) property will be inherited as if  inherited in the case of a Hindu Male Mother    Entry (c) Father and Mother 

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  Entry (d) to the heirs of of Father    Entry (e) to the heirs of mother

 

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  Category (1) Sons, daughter, sons and daughters of pre-deceased son and sons and daughter of a pre-deceas pre-deceased ed daughter   Category (2) heirs of the father

 

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  Category (1) Sons ,daughters, sons and daug da ught hter ers s of prepre-de dece ceas ased ed so sons ns,, and and sons sons and daughters of pre-decea pre-deceased sed daughters   Category (2) Heirs Heirs of husband

 

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  The Government takes the property property as an heir. When Government takes her property as heir, it takes it subject to all the obligations and liabilities of propositus 

 

Thanks