Hindu succession act
DARSHNA
(Querist) 10 March 2015
This query is : Resolved
When the Class I heirs are alive, and the names of Class II heirs came on records (7/12, 6A etc) before the names of class I heirs then
(1) is there a need to follow procedure first to include the names of class I heirs before deleting the names of class II heirs?
or
(2) can the application to includes the names of class I heirs and deleting the names of class II heirs can be filed simultaneously
[ the names of abovementioned class II heirs came on record after the death of their mother who was the class I heir]
(3) what is the limitation period to delete the names of class II heirs from the date of their inclusion on the records?
(4) what will be the procedures when the names of class II heirs came on record before class I heirs, how to remove it ?
what is the solution if class II heirs objecting the inclusion of names of class I heirs because their names first appeared on record and took objections against the said class I heirs before talathi and circle officer?
Expecting your earliest reply.
Thanks in advance
Darshna
P. Venu
(Expert) 11 March 2015
7/12 (revenue) records are not documents of title.
Rajendra K Goyal
(Expert) 11 March 2015
Consult local lawyer. show him all the documents and file application / petition to the revenue department for correcting the record.
SAINATH DEVALLA
(Expert) 11 March 2015
When the mother is a class 1 heir,her children are also equally entitled.
HINDU SUCCESSION ACT 1956
This Act is applicable to the following:[1]
any person, who is a Hindu by religion in any of its forms or developments including a Virashaiva, a Lingayat or follower of the Brahmo, Prarthana or Arya Samaj;
any person who is Buddhist, Jaina or Sikh by religion; and
to any other person who is not a Muslim, Christian, Parsi or Jew by religion unless it is proved that the concerned person would not have been governed by the Hindu Law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.
Explanation as to who shall be considered as Hindus, Buddhists, Jainas or Sikhs by religion has been provided in the section:
any child, legitimate or illegitimate, one of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;
any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged;
any person who is convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.
A person shall be treated as a Hindu under the Act though he may not be a Hindu by religion but is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section.
This Act is applicable to the following:[1]
any person, who is a Hindu by religion in any of its forms or developments including a Virashaiva, a Lingayat or follower of the Brahmo, Prarthana or Arya Samaj;
any person who is Buddhist, Jaina or Sikh by religion; and
to any other person who is not a Muslim, Christian, Parsi or Jew by religion unless it is proved that the concerned person would not have been governed by the Hindu Law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.
Explanation as to who shall be considered as Hindus, Buddhists, Jainas or Sikhs by religion has been provided in the section:
any child, legitimate or illegitimate, one of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;
any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged;
any person who is convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.
A person shall be treated as a Hindu under the Act though he may not be a Hindu by religion but is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section.
This Act is applicable to the following:[1]
any person, who is a Hindu by religion in any of its forms or developments including a Virashaiva, a Lingayat or follower of the Brahmo, Prarthana or Arya Samaj;
any person who is Buddhist, Jaina or Sikh by religion; and
to any other person who is not a Muslim, Christian, Parsi or Jew by religion unless it is proved that the concerned person would not have been governed by the Hindu Law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.
Explanation as to who shall be considered as Hindus, Buddhists, Jainas or Sikhs by religion has been provided in the section:
any child, legitimate or illegitimate, one of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;
any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged;
any person who is convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.
A person shall be treated as a Hindu under the Act though he may not be a Hindu by religion but is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section.
This Act is applicable to the following:[1]
any person, who is a Hindu by religion in any of its forms or developments including a Virashaiva, a Lingayat or follower of the Brahmo, Prarthana or Arya Samaj;
any person who is Buddhist, Jaina or Sikh by religion; and
to any other person who is not a Muslim, Christian, Parsi or Jew by religion unless it is proved that the concerned person would not have been governed by the Hindu Law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.
Explanation as to who shall be considered as Hindus, Buddhists, Jainas or Sikhs by religion has been provided in the section:
any child, legitimate or illegitimate, one of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;
any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged;
any person who is convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.
A person shall be treated as a Hindu under the Act though he may not be a Hindu by religion but is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section.
In the case of males[edit]
The property of a Hindu male dying intestaviving sons or multiples of any of the other heirs listed above, each shall be granted one share of the deceased’s property. Also if the widow of a pre-deceased son, the widow of a pre-deceased son of a pre-deceased son or the widow of a brother has remarried, she is not entitled to receive the inheritance.
Class II heirs are categorized as follows and are given the property of the deceased in the following order:
Father
Son's daughter's son
Son's daughter's daughter
Brother
Sister
Daughter's son's son
Daughter's son's daughter
Daughter's daughter's son
Daughter's daughter's daughter
Brother's son
Sister's son
Brother's daughter
In the case of females[edit]
Under the Hindu Succession Act, 1956,[1] females are granted ownership of all property acquired either before or after the signing of the Act, abolishing their “limited owner" status. However, it was not until the 2005 Amendment that daughters were allowed equal receipt of property as with sons. This invariably grants females property rights.
The property of a Hindu female dying intestate, or without a will, shall devolve in the following order:
upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband,
upon the heirs of the husband.
upon the father and mother
upon the heirs of the father, and
upon the heirs of the mother.
T. Kalaiselvan, Advocate
(Expert) 12 March 2015
No question of class II legal heirs when there are class I legal heirs. The cl-I heirs can file an objection to the inclusion of cl-II heirs in 7/12 and get it deleted by producing the legal heirship certificate containing cl-I legal heirs alone.
