Hindu Succession Act: Who Cannot Inherit Property in India -

Hindu Succession Act: Who Cannot Inherit Property in India

Hindu Succession Act, vakeelno1

Who are abandoned property rights under Hindu Succession Act

The Hindu Succession Act 1956 lists several conditions under which a person is disqualified to inherit property or may not be the first choice, as the case may be.

These are those individuals who cannot inherit a property according to the succession law:

Half-blood

If all perspectives of the relation to the person from whom one is supposing to inherit property continue to same, then the one who is of a biological relationship shall be taken into preference. Half-blood is related to those who share a common parent, and either the mother or the father might have remarried. In such a matter, the father’s biological child (born of the previous wife) has the primary right to the property as against. In brief, full blood is preferred to half-blood relations.

In case of real-time deaths

This is based on an assumption. If two individuals have died and if it becomes doubtful as to which of them survived the other, then for causes of succession, it is assumed that the younger survived the elder unless proved opposite.

Daughters come later

In a situation when the Karta of a Hindu Undivided Family (HUF) dies without leaving a will, survived by both daughters and sons. And if his property constitutes a dwelling house which may or may not is fully occupied by either of these heirs. The daughters right to the property will arise simply after the sons choose to separate their shares. However, no one can refuse her the right to live in the home till then if she is separated, unmarried, deserted or a widow. Married females do not enjoy this provision (at least not for prolonged).

Remarried widows

If a widow of a brother or the widow of a predeceased son is remarried until the beginning of inheritance, she shall not be considered to inherit property.

Crime

Even if one is a legal successor and is to inherit property, then he/she is found guilty of murder, or in abetting a murder, such a person would be disqualified from inheriting property.

Heirs of converts

Converts cannot be disqualified from fathers acquired or ancestral property. However, heirs of a convert are disqualified from inheriting any property from his/her Hindu relatives unless they are Hindus at the time when the succession opens.

Also,

Heir of a disqualified heir

A disqualified heir is regarded as if he had expired before the will was even made. Therefore, succession will continue accordingly that is, the father (disqualified heir) may not have inherited anything but the class I heirs or his son can claim inheritance in a Hindu Undivided Family.

In the absence of an heir

  • Hindu Succession Act attempts to amend and codify the law related to intestate or un-willed succession amongst Hindus, Jains, Sikhs, and Buddhists.
  • According to the provisions of the Hindu succession act, upon the death of a Hindu male, who died intestate, the property is transferred on to the Class 1 heirs and if these are not present, then to the Class 2 heirs.

If both classes are absent, then the property is given to the “Agnates” (distant blood relatives of male lineage) and if there are no present either then to the “Cognates” (distant blood relatives of the male or female lineage). But, if there aren’t any legal heirs, then the estate is passed on to the government.