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RajaRajachozhan (retired )     02 March 2020

Dying intstate and devoution of property rights

Property share to the Heirs. 

A,  a Hindu, has acquired a property (Flat) out of his own earnings – self earned.   He dies intestate last December 2018  leaving behind  1) his wife; 2) son S1 and daughter in law; 3) son S2, daughter in law and grandson (minor now). all Hindus..   Who are all entitled to his property and in what share?


 2 Replies

Joy Bose   02 March 2020

For Hindus, Buddhists, Jains and Sikhs, the Hindu Succession Act,1956, and Hindu Succession (Amendment) Act, 2005 are applicable. If a Hindu male dies intestate, his property will go to Class I heirs. If these don't exist, it will go to Class II heirs. If these too don't exist, it will go to Agnates, and in their absence, to Cognates. If these too are not there, the estate goes to the government.

Class I heirs
Son/daughter; widow; mother; son/daughter of a predeceased son; son/daughter of the predeceased daughter; widow of a predeceased son; son/daughter of predeceased son of a predeceased son; widow of predeceased son of the predeceased son.

Joy Bose


G.L.N. Prasad (Retired employee.)     03 March 2020

Legal heirs: 1) his wife; 2) son S1 ; 3) son S2,  equal shares for 3 legal heirs of deceased male Hindu intestate.


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