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FAMILY PROPERTY ISSUE - Jain Family
1 year ago
I am from Jain Family, My Mother in Law have some ancestral property as my husband received from her father in law through unregistered partition deed, Some Property is self acquired of her husband and some property are in HUF of my father in law whic make after birth of daughter and some movable property such bank account and FDR in that her husband is karta and Prop both. Now her husband past away and She have no son, but ywo daughter and her mother in law is also alive and she have two daughter among one had given legal notice to banker and also on her property, She also done fight with me and once restricted her from my home and undertake my home, then after two day, due to my other relative, she (Big Daughter) leave her home then after she always speak ill and approach me in bad manner and try damage my goodwill, money, property etc as she can.
Now how my mother in law can get her property legally and releif from her big daughter Please suggest she is also senior citizen also and live alone.
A.Dear Sir,
Section 8 of Hindu Succession Act:
====================================================================
General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
============================================================================
Distribution of Property after Death – Hindu Male
For Hindus, testamentary succession (succession by way of Will) is as per the Indian Succession Act and intestate succession (succession without Will) is as per the Hindu Succession Act. In this article, we look in detail the process for distribution of property after death of a Hindu male as per the Hindu Succession Act.
Class 1 Heirs
The Hindu Succession Act groups the heirs of a male Hindu into four categories and lays down that his/her inheritable property devolves firstly upon the heirs specified in Class I which are as under:
• Sons
• Daughters
• Widow
• Mother
• Son of a pre-deceased son
• Daughter of a pre-deceased son
• Son of a pre-deceased daughter
• Daughter of a pre-deceased daughter
• Widow of a pre-deceased son
• Son of a pre-deceased son of a pre-deceased son
• Daughter of a pre-deceased son of a pre-deceased son
• Widow of a pre-deceased son of a pre-deceased son
• Son of a predeceased daughter of a predeceased daughter
• Daughter of a deceased daughter of a predeceased daughter
• Daughter of a predeceased son of a predeceased daughter
• Daughter of a predeceased daughter of predeceased son
All these heirs inherit simultaneously and to the exclusion of other heirs. In the absence of any of the heirs in this category, the property devolves upon the enumerated heirs specified in class II.
Class 2 Heirs
The devolution in Class II heirs is made in the absence of any heir in Class I and in such a manner that heirs specified in a particular entry share equally. For this purpose if more than one heir is specified in a single entry, they share the property simultaneously and equally to the exclusion of those specified in subsequent entries. Class 2 heirs include:
• Father
• Sons daughter’s son
• Sons daughter’s daughter
• Brother
• Sister
• Daughters son’s son
• Daughters son’s daughter
• Daughters daughter’s son
• Daughters Daughter’s daughter
• Brothers son
• Sisters son
• Brothers daughter
• Sisters daughter
• Fathers father
• Fathers mother
• Fathers widow
• Brothers widow
• Fathers brother
• Fathers sister
• Mothers father
• Mothers mother
• Mothers brother
• Mothers sister
Agnates
In case a Hindu male passes away intestate and leaves no class 1 or class 2 heirs, then the property would devolve on agnates. A person is said to be an agnate of another if the two are related by blood or adoption wholly through males. Agnate relationship does not extend to relationship by marriage and is restricted to relationship by blood. Also, agnate does not include widows of lineal descendants of the intestate.
Cognates
If a Hindu male passes away without a Will and has no class 1 or class 2 heirs or agnates, then the succession would be through cognates. Cognates are ones who are related to the intestate by blood or adoption but not wholly, through males. Thus mother’s brother’s son and brother’s daughters son are cognates, eligible for heirship.
Section 8 of Hindu Succession Act:
====================================================================
General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
============================================================================
Distribution of Property after Death – Hindu Male
For Hindus, testamentary succession (succession by way of Will) is as per the Indian Succession Act and intestate succession (succession without Will) is as per the Hindu Succession Act. In this article, we look in detail the process for distribution of property after death of a Hindu male as per the Hindu Succession Act.
Class 1 Heirs
The Hindu Succession Act groups the heirs of a male Hindu into four categories and lays down that his/her inheritable property devolves firstly upon the heirs specified in Class I which are as under:
• Sons
• Daughters
• Widow
• Mother
• Son of a pre-deceased son
• Daughter of a pre-deceased son
• Son of a pre-deceased daughter
• Daughter of a pre-deceased daughter
• Widow of a pre-deceased son
• Son of a pre-deceased son of a pre-deceased son
• Daughter of a pre-deceased son of a pre-deceased son
• Widow of a pre-deceased son of a pre-deceased son
• Son of a predeceased daughter of a predeceased daughter
• Daughter of a deceased daughter of a predeceased daughter
• Daughter of a predeceased son of a predeceased daughter
• Daughter of a predeceased daughter of predeceased son
All these heirs inherit simultaneously and to the exclusion of other heirs. In the absence of any of the heirs in this category, the property devolves upon the enumerated heirs specified in class II.
Class 2 Heirs
The devolution in Class II heirs is made in the absence of any heir in Class I and in such a manner that heirs specified in a particular entry share equally. For this purpose if more than one heir is specified in a single entry, they share the property simultaneously and equally to the exclusion of those specified in subsequent entries. Class 2 heirs include:
• Father
• Sons daughter’s son
• Sons daughter’s daughter
• Brother
• Sister
• Daughters son’s son
• Daughters son’s daughter
• Daughters daughter’s son
• Daughters Daughter’s daughter
• Brothers son
• Sisters son
• Brothers daughter
• Sisters daughter
• Fathers father
• Fathers mother
• Fathers widow
• Brothers widow
• Fathers brother
• Fathers sister
• Mothers father
• Mothers mother
• Mothers brother
• Mothers sister
Agnates
In case a Hindu male passes away intestate and leaves no class 1 or class 2 heirs, then the property would devolve on agnates. A person is said to be an agnate of another if the two are related by blood or adoption wholly through males. Agnate relationship does not extend to relationship by marriage and is restricted to relationship by blood. Also, agnate does not include widows of lineal descendants of the intestate.
Cognates
If a Hindu male passes away without a Will and has no class 1 or class 2 heirs or agnates, then the succession would be through cognates. Cognates are ones who are related to the intestate by blood or adoption but not wholly, through males. Thus mother’s brother’s son and brother’s daughters son are cognates, eligible for heirship.
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