If a Hindu man dies without a will and has no class 1 or 2 heirs or agnats, the succession would be through related relatives. Parents are those who are related to intestate by blood or adoption, but not entirely by men. Thus, the son of the mother`s brother and the son of the brother`s daughters are related and have the right to inherit. Thus, if a Hindu man dies without inheritance, his property goes to Class I heirs. These include the widowed son/daughter; Mother; son/daughter of the predeceased daughter; widow of a predeceased son; son/daughter of the predeceased son; Widow of the predeceased son. IndiaFilings.com is committed to helping entrepreneurs and small business owners start, manage and grow their businesses at an affordable price. Our goal is to educate the entrepreneur on legal and regulatory requirements and to be a partner throughout the business lifecycle, supporting the business every step of the way to ensure it is compliant and continuously growing. Just as financial planning is important to securing your future, so is estate planning. In order to spare heirs legal trouble and unnecessary litigation, it is important to leave a will. A will is a convenient way to transfer a person`s property after life. As soon as the assets have been transferred in the name of the legal heirs, they have the right to sell the assets. Note that there are no special agencies that can help you achieve the above points. The Hindu Inheritance Act groups the heirs of a male Hindu into four categories and stipulates that his heirs of heritable property pass first to the heirs named in Class I, which are as follows: The nominee has no absolute right to property and the rights of the nominee do not prevail over those of a legal heir.
Therefore, your father`s Class 1 heirs would inherit the property and not from its candidate (mother). Thus, after your father`s death, the property would pass to your mother, sisters and you, each of whom would be entitled to a sixth. All these heirs inherit simultaneously and to the exclusion of other heirs. In the absence of one of the heirs of this category, the property passes to the heirs of Class II. However, if a property of a Hindu woman is inherited from her father or mother, in the absence of a son or daughter of the deceased (including the children of a predeceased son or daughter), it does not pass to the above-mentioned heirs, but to the heirs of the father; and any property inherited by a Hindu woman from her husband or father-in-law shall, in the absence of a son or daughter of the deceased (including the children of a predeceased son or daughter), pass not to the foregoing, but to the heirs of the husband. The transfer to Class II heirs takes place in the absence of a Class I heir and in such a way that the heirs indicated in a particular entry are divided equally. For this purpose, if several heirs are indicated in a single entry, they divide the property simultaneously and in equal shares, excluding the heirs named in subsequent entries. Class 2 heirs include: To sell the property, legal heirs must obtain a certificate from the Tehsildar office listing the names of the legal heirs. The certificate must then be presented with the parents` wills to the Gurugram Municipal Corporation and the Housing Association for Transfer of Property in the relevant State Revenue Registers and Housing Association Records. If there are no Class I heirs, the property reverts to the Class II heirs.
These include the father; son of son/daughter; daughter of son/daughter; Brother; Sister; son of daughter/son; daughter of daughter/son; son of daughter/daughter; daughter of girl/daughter; son of brother; son of the sister; inter alia. According to the Widows` Remarriage Act of 1856: “All rights and interests which a widow may have in the property of her deceased husband. ends with their remarriage; and they shall then be succeeded by the successors of their deceased spouse or of another person entitled to the property on their death. If a Hindu man dies intestate and leaves no Class 1 or Class 2 heirs, the property will pass to the Agnates.