Distribution of Property after Death – Hindu Male
Distribution of Property after Death Hindu Male- For Hindus, testamentary succession (succession by will) is in compliance with the Indian Succession Act, and intestate succession (succession without a will) is in compliance with the Hindu Succession Act. In this article, as per the Hindu Succession Act, we look in-depth at the procedure for the distribution of property after a Hindu male dies.
Class 1 Heirs
The Hindu Succession Act classifies the heirs of a Hindu male into four groups and stipulates that his / her inherited property shall first be transferred to the heirs listed in Class I as follows:
- Daughter of a pre-deceased son
- Son of a pre-deceased daughter
- Son of a pre-deceased son
- Daughter of a pre-deceased daughter
- Widow of a pre-deceased son
- Daughter of a pre-deceased son of a pre-deceased son
- Son of a pre-deceased son of a pre-deceased son
- Widow of a pre-deceased son of a pre-deceased son
- Daughter of a deceased daughter of a predeceased daughter
- Son of a predeceased daughter of a predeceased daughter
- Daughter of a predeceased daughter of predeceased son
- Daughter of a predeceased son of a predeceased daughter
Many of these heirs inherit concurrently, and other heirs are removed. The property devolves to the enumerated heirs listed in Class II in the absence of any of the heirs in this group.
Class 2 Heirs
In Class II heirs, the devolution is rendered in the absence of an heir in Class I and in such a way that heirs are equally stated in a given entry share. For this reason, they divide the property jointly and fairly to the exclusion of those listed in subsequent entries, if more than one heir is mentioned in a single entry. Heirs to Class 2 include:
- Sons daughter’s son
- Sons daughter’s daughter
- Daughters son’s daughter
- Daughters son’s son
- Daughters daughter’s son
- Daughters Daughter’s daughter
- Sisters son
- Brothers son
- Sisters daughter
- Brothers daughter
- Fathers mother
- Fathers father
- Brothers widow
- Fathers widow
- Fathers sister
- Fathers brother
- Mothers mother
- Mothers father
- Mothers brother
- Mothers sister
In case a Hindu male passes intestate and leaves no heirs of Class 1 or Class 2, then the property will be transferred to agnates. An individual is said to be an agnate of another if the two are wholly related by males by blood or adoption. The agnate relationship does not apply to marriage relationships and is limited to blood relationships. Agnate, therefore, does not contain widows of intestate lineal descendants.
When a Hindu male passes away without a Will and has no descendants or agnates of Class 1 or Class 2, then the succession will be by cognates. Cognates are those through blood or adoption, but not exclusively, by males, connected to the interstate. Therefore the son of the mother’s brother and the daughter’s son of the brother are cognates who are liable for heirship.
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