Shashishekhar (Doctor) 30 December 2017

Inheritance of property

Dear All,

We are grateful if you can clarify the below issue.

A man had 2 properties. Two plots(sites) . He died in 1920's without leaving a Will.

His grandson builds one residence and one commercial building in each of the site. He cannot will the properties because his siblings have not given release deed though their intrest in the property is not much.

The person who puts up constructions has 2 sons(4th Generation). One with 2 daughters(married) other with sons.

As per Supreme court order, the unwilled properties where the owner is dead before Sept 2005 , only sons can inherit , i.e, it will stay in the bloodline ( 'vamsha') .

In the above case, what are the rights of the daughters(married) and sons of 5th Generation. The properties remain without a will since 1920's.

Thank you .

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3 Replies

Sankaranarayanan (Advocate) 30 December 2017

If a Hindu person dies without a will or the will is missing, the wealth of the person will be divided on the basis of the “Hindu Succession Act”. 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 un-willed succession, among Hindus.

The Act was amended in 2005 by the Hindu Succession (Amendment) Act, 2005. It is also applicable to Jains, Buddhists and Sikhs. The Act also underlines the rules in case if the deceased is a male or female. A child in the womb has the same right as a born child.

How to distribute the property to legal heirs of deceased male if there is no will

The property of a Hindu male dying intestate, or without a will, would be first distributed to heirs within Class I. If there are no heirs categorized as Class I, the property will be given to heirs within Class II. If there are no Class I or II heirs, then the property will first go to agnates (distant blood relatives of male lineage) and if no agnates are available then to cognates (distant blood relatives of male or female lineage). And if there are no cognates, then the estate will go to the government.

R.Ramachandran (Advocate) 30 December 2017

What do you man when you say: "His grandson builds one residence and one commercial building in each of the site. He cannot will the properties because his siblings have not given release deed though their intrest in the property is not much." If they are his siblings, how do you say that ttheir interest in the property is not much.?

Further you understanding, "As per Supreme court order, the unwilled properties where the owner is dead before Sept 2005 , only sons can inherit , i.e, it will stay in the bloodline ( 'vamsha') " is not correct.

Please indicate what is your exact problem now, which prompted you to ask this question. While asking question, please come up with full facts. Do not filter it according to your understanding or convenience. If you do not come up with full facts and exact problem, whatever answer that you get her may not be accurate and ultimately you may not benefit from such answers.

Vijay Raj Mahajan (Advocate) 31 December 2017

The complete case file and the final Supreme Court judgment has to be checked and studied before any correct reply/clarification be given. Your facts here are not making much sense about your problem, with regard to law of inheritance applicable to Hindus in India.