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Raj (XYZ)     26 April 2022

If hindu person dies without will property should be share how in what ratio to legal heirs.

If Hindu person dies without will his property should be divided in what ratio to legal heirs.
Equally or  ratio ?

please advise 



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 5 Replies

Advocate Bhartesh goyal (advocate)     26 April 2022

If  hindu dies intestate then his ptoperty rights shall devolve equally to his legal heirs.

Env Coord (.)     27 April 2022

Is husband a legal heir of his deceased wife ? 

Divya Vijayan   27 April 2022

Hello sir!

The assets woulf be distributed according to the Hindu Succession Act and the property is transferred to the legal heirs of the deceased. In case a person had died intestate (without making a will), all the legal heirs will have equal rights over the property. 

Class I heirs consist of the immediate family linked by the male. It includes wife, son, daughter and mother. All the people in this class shall equally divide the share among themselves.

Kindly refer to the below mentioned link:-

https://www.lawyersclubindia.com/articles/a-brief-on-hindu-succession-act-4282.asp

 

 

Shweta   27 April 2022

Hey Divya, 

Could please elaborate a little on this point? 

Thanks!

Divya Vijayan   27 April 2022

Yes sure!

If in case class I heirs is absent, class II heirs will become entitled to the property of the deceased. The class II heirs consist of relatives who have been classified into categories and placed in a hierarchy. Preference is given to the one ranking above, wherein if there is even one member available in the higher  category then all of the property shall pass to the members in that category and none to the ones coming after that.

In case a hindu male passes away intestate and leaves no class 1 or class 2 heirs, then the property would devolve on agnates. Agnates is a person if the two are related by blood or adoption wholly through males. 

If a Hindu male passes away without a Will and has no class 1 or class 2 heirs or agnates, then the succession would be through cognates. Cognates are ones who are related to the intestate by blood or adoption but not wholly, through males. Thus mother’s brother’s son and brother’s daughters son are cognates, eligible for heirship.

Section 8 of Hindu Succession Act of 1956 groups the legal heirs of male and guides through how a property devolves in absence of a will. The property of a male Hindu dying intestate would devolve according to the provisions of the Chapter II of the Act- firstly Class I heir, if not Class I heir then to Class II heir, if not Class II heir then Agnates, if not Agnates, then Cognates. Section 9 of the same Act deals with order of succession. In Pappammal v. Meenammal, 1942, it was held that all his sons have the same rights in the ancestral property and share equally in the father's self-acquired property should he die intestate.


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