Depending on the prevailing succession laws, if a person passes away without leaving a will, all legal heirs are entitled to an equal share of the deceased person's property. A person and his or her children may, in some circumstances, lose their legal right to inherit property under the Hindu Succession Act.
These are five situations in which a person and his or her successors may lose the right to inherit.
- Religious Conversion
You and your children may no longer be legally entitled to inherit the assets owned by your family if you convert to a different religion. It will be based on two factors. Before the conversion, two questions must be answered: first, whether the succession law applied to him/her; and second, whether the property had been divided. According to the Hindu Succession Act, if a person changes their religion, any children born after the conversion lose the right to inherit their Hindu relatives' property. This is because the religion of the person at the time of his or her birth must be taken into account when determining inheritance rights.
A person loses their legal claim to the assets owned by their original family if they are adopted by another family. These individuals will, nevertheless, be entitled to any assets owned by the adopted family. Nonetheless, there may be circumstances in which a person can assert their legal entitlement to inherit both the assets of the original family and the adopted family. This may occur if the property is divided before the person is adopted and the person receives their half from their birth family.
A person and their children lose the right to inherit property under the Hindu Succession Act of 1956 if they are found guilty of the murder of the person from whom they intended to inherit it.
- Family Separation
In some cases, a person will seek payment from the other legal heirs in exchange for giving up their claim to the property. This process is called family separation. The legal heirs will lose their legal rights to the remaining family property if, in response to a demand from one particular legal heir, they agree to pay money or transfer property to that heir with the understanding that they will have no further claim to the remaining family holdings.
A person and his or her kids lose the legal right to inherit the property if the property's owner makes a will that excludes them from getting their share. However, a will may be contested in court on specific grounds, such as whether the testator (person who made the will) was the victim of coercion or undue influence, etc.
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(Disclaimer: This article is for informative purposes only and is not to be considered legal advice. The observations made by the Courts vary with circumstances and facts of each case.)