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Naveen (SE)     28 May 2013

Hindu succession act

Am I correct in assuming that Hindu Succession Act comes into play only when the owner of the immovable property, including one which was passed as succession, dies without writing the will or without distributing the property while alive?



 4 Replies

Kumar Doab (FIN)     28 May 2013

 

You may divide your statement in two parts:

 

-“ when the owner of the immovable property, dies without writing the will or without distributing the property while alive?”

 

Hindu Succession Law applies for division of wealth in case a person dies without a written WILL.

The property is self acquired and shall be first divided first amongst class I legal heir.

If no one amongst Class I legal heir is available then the relations amongst Class II legal heir can claim their right. If both Class I and Class II are missing then Agnates and Cognates.

 

 

 

-“ including one which was passed as succession, dies without writing the will or without distributing the property while alive.”

 

Hindu Succession Law applies for division of wealth in case a person dies without a written WILL.

 

An ancestral property can not be passed on through a WILL.

 

 

The ancestral property will be divided equally between all the legal heirs.

1 Like

AMIT (-)     29 May 2013

Dear Naveen

 

You are right. HSA come in to play only if the owner of the  self acquired property, being Hindu, Jain,Sikh... dies intestate (without making a will).

In the case of his having made a will, Indian succession act comes in to play.

1 Like

rockker (Lawyer)     29 May 2013

The Hindu Succession Act, 1956, is a law that was passed by the parliament of India in 1956 to amend and codify the law relating to intestate or unwilled succession, among Hindus. The Act lays down a uniform and comprehensive system of inheritance and applies to persons governed by both the Mitākṣarā and Dāyabhāga schools. It is hailed for its consolidation of Hindu laws on succession into one Act.


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balwinder s bains (Nil)     04 July 2013

1. What about (if a Pb. STATE govt employee dies during his or her service time) the distribution of post death benefits? In case he is survived by his wife and kids. Also by mother, married sister WHERE AS her mother has signed an affidavit alongwith his father to disown and debar him from their property. The advertisement was published in local daily newspapers by father disowning him.  

2. What does section 372 of The Indian Succession Act states about it?


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