Ever wondered what happens if you die without leaving behind a will? Who will inherit your property? If you wish a person of your choice to inherit your property then you should definitely write a will. But if you don’t then your property will be devolved i.e distributed in accordance to the law.
The property is devolved among your heirs in line with the religion you belong to. This blog covers the aspects of Hindu law. In Hindu law, the process of distribution of property of male and female is quite different. This blog explains how the property of a Hindu male will be devolved in the absence of Will.
Types of Succession
There are two types of succession-
- Testamentary Succession
It means when a person leaves behind a will, the succession will be governed by the provisions of the Will. Then the beneficiary or beneficiaries mentioned in the Will will be entitled to inherit the property. In testamentary succession, inheritance is governed as per the will of the testator i.e. the deceased person.
- Intestate Succession
When a person does not leave behind a will, the distribution of his assets and properties is done in accordance with the Hindu Succession Act, 1956 which governs who will inherit the property. It settles down the rules for devolution of property of the deceased person among its heirs. Any person who dies without a Will is called intestate.
Hindu Male Dying Intestate
If a Hindu male dies intestate, the heirs of a Hindu male fall under the following heads:
Class I Heirs
Rules of Division of Property:
- Sons, daughters, widow and the mother of the propositus each take one share. If in case there are more than one widow, they together take one share and divide it equally among them.
- The heirs in the branch of each predeceased son or each predeceased daughter shall take between them one share.
- Among the heirs of predeceased son, his widow and surviving sons and daughters share his portion equally.
- Among the heirs in the branch of predeceased daughter, her surviving sons and daughters share her portion equally. In this case, the husband of the predeceased daughter is not included.
Class II Heirs
Agnate means a person related to wholly through males either by blood or by adoption. The last person may be male or female. Agnates is preferred over cognates.
Examples- Father’s Brother, Father’s Son’s Son, Father’s Son’s Daughter, etc.
Cognate means a person related not wholly through males. Where a person is related to the deceased through one or more females, he or she is called a cognate.
Examples- Sister’s Son, Son’s Daughter’s Son, Mother’s Brother’s Son etc.
If a Hindu male has no heirs under all the preceding four heads, the Government takes the property as an heir. When the government takes his property as heir, it takes it subject to all his obligations and liabilities. This is known as escheat.
The devolution of the property of a Hindu female will be explained in the next blog.
Till then, consider making a will online with www.aasaanwill.com , so that the person you wish to become entitled to your property. AasaanWill. Zaroori Hai!
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