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srinivas (jao)     07 December 2011

Succession

unmarried  son   left the  house about 25 years back and whereavbout of him is not known till this day,   at that time he was aged about 19 years having agrl land of Ac. 0-36 gts on his name which was succeeded from his father.  He is having mother two brothers and two sisters. who  will succeed the said property,   what is  the procedure to  mutate the said land  on his legal heir, please reply. 

my email ID   narsimlumadv@gmail.com



Learning

 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     07 December 2011

Dear Sriniwas

as per Second Class of the Heirs

read it

General rules of succession in the case of males. 

 

The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter-

 

(a)       firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b)       secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

(c)       thirdly, if there is no heir of any of two classes, then upon the agnates of the deceased; and

            (d)       lastly , if there is no agnate, then upon the cognates of the deceased.

           

COMMENTS

 

Subsequent to the compromises decree, property would revert back to the estate of the donor after his lifetime, and it is the Hindu Succession Act that is to govern the succession to the property.-Maushan v. Taj Ram AIR 1980  SC 558

           

Where a partition of a joint family property takes place and a separate share is given to the mother, then in the case of death of one of the sons the mother would be entitled to have a share in the separate property of her son. Fact that earlier when the partition took place she was given a share would not place any bar.-Savitri v. Devaki AIR 1982 Kar. 67

In the case of a Hindu male governed by Mitakshara under s.8 of the Act, the property that devolves on him will be his separate property. Such a property would never amount to join family property in his hands as against his son.-Yudhishtir v. Ashok Kumar AIR 1987 SC 558

In case the widow remarries, she would not be divested of the property inherited by her simply on account of her remarrying.-Udham Kaur v. Harbans 1983 HLR 579

 

9.         Order of succession among heirs in the Schedule

           

Among the heirs specified in the Schedule, those in class I shall take simultaneously and to the exclusion of all other heirs; those in the first entry in class II shall be preferred to those in the second entry; those in the second entry shall be preferred to those in the third entry; and so on in succession.

 

10.       Distribution of property among heirs in class I of the Schedule

           

The property of an intestate shall be divided among the heirs in class  I of the Schedule in accordance with the following rules :

    

Rule 1-The intestate's widow, or if there are more widows than one, all the widows   together, shall take one share.

Rule 2- The surviving sons and daughters and the mother of the intestate shall each  take one share.

Rule 3- The heirs in the branch of each pre-deceased son or each pre-deceased  daughter of the insteatate shall take between them one share.

            Rule 4- The distribution of the share referred to in Rule 3-

            (i)        among the heirs in the branch of pre-deceased son shall be so made that his widow (or widow together) and the surviving sons and daughters get equal portions; and the branch of his predeceased sons gets the same portion;

(ii)       among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.

 

11.       Distribution of property among heirs in class II of the Schedule

           

The property of an intestate shall be divided between the heirs specified in any one entry in class II of the Schedule so that they share equally.

 

12.     Order of succession among agnates and cognates

 

The order of succession among agnates or cognates, as the case may be, shall be determined in accordance with the rules of preference laid down hereunder:

 

            Rule1-Of two heirs, the one who has fewer or no degrees of ascent is preferred.

            Rule2- Where the number of degrees of ascent is the same or none, that

heir is preferred who has fewer or no degrees of descent.

Rule3- Where neither heirs is entitled to be preferred to the other Rule 1 or Rule 2 they take simultaneously.

 

1 Like

Advocate Vishnu (Advocate)     08 December 2011

Mother will succeed to the property.

srinivas (jao)     08 December 2011

dear nadeem sir,

What is procedure to  mutate the said land  on his legal heir i.e. his mother.

The person was not heard from last 25 years.  No complaint was booked in this regard.

what is procedure for transfer of his property to his mother, whom to approach.


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