Amit (Software Developer) 14 October 2012

Property distribution in absence of will?

Can someone elaborate on how would the property distribution be done in absence of a will? Members in the family include wife of the person who died, daughter in law (widow), another son and his wife. There are grandsons and granddaughters involved but I am assuming they are not considered. Correct me if I am wrong.
Can the daughter in law legally ask for any property according to the Indian law? Are there are any differences in the law to be considered given that we are Hindu Jains?

Any authentic links giving details on above would be appreciated. Thanks for the help in advance.

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 14 October 2012

Dear Mr.Amit,

The property would be equally divided between the following relatives of the deceased (propositus)

i) Widow - 1/3rd

ii) Widow of predeceased son - 1/3rd

iii) Son - 1/3rd.

Since when the property instantly devolves upon the above instantly after death. The property becomes ancestral in their hands vis-a-vis their children. Hence within his 1/3rd - the son would share it with his children equally.

This is a Scheme common to all Hindus, which includes Jains.

See : the Schedule to Hindu Succession Act enumerating Class I heirs

The Hindu Succession Act, 1956

THE SCHEDULE

HEIRS IN CLASS I

Son, daughter, widow, mother, son of a pre-deceased son, daughter of a pre-deceased son, son of a pre-deceased daughter, duaghter of a pre-deceased daughter, widow of a pre-deceased son, ¹son of pre-deceased son of a pre-deceased son, daughter of a pre-deceased son of a pre-deceased son, widow of a pre-deceased son of a pre-deceased son.

all get equally by virtue of S.8 HSA.

Feel free to talk !

Bharat Chugh

*Advocate Supreme Court of India