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K.K.Ganguly (Advocate)     25 January 2015

Inheritance as per dayabhaga school of hindu law

An Indian (Bengali) has died intestate in U.S.A. without having any children and his foreigner wife has taken shelter in old age home leaving no contact with anubody of her husband's side for long.

He has a property at New Delhi in his name. 

The said deceased person  has two brothers A & B. & one sister C.  A has died intestate leaving his old wife who has now settled in Kolkata. B is living in the said property of A with his wife and son. Sister C is married off and is staying at New Delhi.

 

My question is who will be the present claimant of the said property of  the deceased person  at New Delhi as per Dayabhaga School of Hindu Law?

 

Shall the sister of  of the deceased person being C also be the legal claimant of the said property? Or only the living brother B will inherit the said property of  tye deceased person as per Dayabhaga School of Hindu Law.

 

Ld.Experts valued opinion will be appreciated.

 

 



Learning

 3 Replies

Dr J C Vashista (Advocate)     27 January 2015

The only class 1 heir of the deceased is his wife and none else being class 2 heir in succession.

B.T. RAVI (LEGAL MANAGER)     28 January 2015

I agreed with Mr. J.C.Vashista

T. Kalaiselvan, Advocate (Advocate)     28 January 2015

In the case referred above there appears the widow of the deceased is alive and living elsewhere.  She will be the class I legal heir to succeed her deceased husband's estates, in her absence, the following will provide you the list:

Class II heirs and their shares:
If there are no heirs in Class I, the property will given to the heirs within Class II. They are divided into nine categories. The rule is that an heir in an earlier category excludes heirs in later category. Further all heirs in one category take simultaneously per capita share. They are as follows:

1] Category I -
a) Father.

2] Category II -
a) Son’s daughter’s son.
b) Son’s daughter’s daughter.
c) Brother.
d) Sister.

3] Category III -
a) Daughter’s son’s son.
b) Daughter’s son’s daughter.
c) Daughter’s daughter’s son.
d) Daughter’s daughter’s daughter.

4] Category IV -
a) Brother’s son.
b) Brother’s daughter.
c) Sister’s son.
d) Sister’s daughter.

5] Category V -
a) Father’s father.
b) Father’s mother.

6] Category VI -
a) Father’s widow. [Step mother].
b) Brother’s widow.

7] Category VII -
a) Father’s brother.
b) Father’s sister.

8] Category VIII -
a) Mother’s father.
b) Mother’s mother.

9] Category IX –
a) Mother’s brother.
b) Mother’s sister.

The rule of share in Class-II heirs is that each will take per capita including widow.

Agnates and Cognates:
Next heir of Hindu male is ‘Agnates and Cognates’. In it first preference is given to ‘Agnates’ & then ‘Cognates’. The rules for determining who are agnates & cognates are the same; so are the rules relating to distribution of property among them.

Agnates mean when a person traces his relationship with another through males, he or she is an ‘Agnates’. For instance brother, brother’s son, son’s son, son’s son father, father’s father, father’s mother, father’s father’s father & mother, son’s daughter, son’s son’s daughter………. etc are agnates.

On other hand cognates means whenever in the relationship of a person with another, a female (or more than one female) interverence anywhere in the line, one cognate to another. For instance sister’s sons & daughters; daughter’s sons & daughters; mother’s mother & father; father’s mother’s father & mother; mother’s father’s son & daughter………..etc are all cognates.

Government:
If a Hindu male leaves behind neither class I, nor class II, nor any agnates, nor any cognates upon his death, then, his entire property lapses to the government. This is called as “Escheat”. When government takes his property as heir, it takes with subject to all the obligations and liabilities of propositus.


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