Inheritance is defined as one of the most important things for the Hindus in India. There, you will find that it is not just about giving something from the decedent to the succession. So then, that is why there is the law of inheritance that commonly occurs in the Hindu community in India. So then, this law will definitely govern all the things of how the people should share their assets to the heirs fairly. Nevertheless, this law will never be applied to a Hindu who married with a non-Hindu through the Special Marriages Act (The Hindu Succession Act, 1956). Well, below are several things you need to know about the law based on legalcareindia.com.
- When a Hindu man passes away
When a Hindu man passes away, all of the assets and property will be shared based on the testament he made before he dies. Yet, if there is a man passes away intestate, all of the property will be given to his heirs based on the certain rule. In the simple words, the property from the decedent will be shared to the Class I heirs only, so they can share it equally among themselves. For example, the son and the daughter of the decedent will receive and share the property in the same amounts. However, if there is no Class I heirs, the property will be given to the Class II heirs. But, in case there are no heirs in these both of classes, the property will be devolved to the agnates to the cognates. In addition, in the end, if there is no one that can really claim the property, it will lapse to the government by a particular way called Escheat. Then, the government must be the party that has to fulfill all the obligations related to the property as the right if it belongs with the government. .
- When the Hindu woman passes away
Furthermore, if a Hindu woman passes away without any testament, all of the property will be devolved to her children and husband. Nonetheless, there are some particular situations that do not fit this clause. So, when it happens for real, you can try to solve it based on these two statements: First, if the decedent has got the inheritance from her Mother or Father, the property must be given to the Mother or Father or the heirs from the Father’s side. Then, second, in case the decedent has got the inheritance from her Father in law or Husband, it means that the property has to be devolved to the Husband’s heirs. On the other hand, if the decedent leaves a testament, the property will devolve upon the person whom she wishes to. This act will be done according to the Indian Succession Act, 1925.
In conclusion, according to those statements, you will find that the heirs who are included in the same category can get the simultaneous and equal shares of the property; where the full blood heirs and the chosen person will become the most important priority instead of the half blood relatives.
Krishan Gupta & Anr. v. Rajinder Nath & Co HUF & Ors [2014(9) R.C.R.(Civil) 2368]
Jupudy Pardha Sarathy v. Pentapati Rama Krishna & Ors [2016(1) R.C.R.(Civil) 1]
http://legal-dictionary.thefreedictionary.com/succession visited on 8th March, 2017 at 1900 hours.
The Hindu Succession Act, 1956