Inheritance of property is a widespread cause of family disputes: people die without the willingness, family members and families to gain interest in the deceased’s house, and the drama begins! (Lights! Camera!! Action!!!)
India is a secular nation with a majority of Hindus. Thus, the inheritance of property in India is formed based on one’s culture/beliefs. Let’s look into the whole thing in some length:
1) Hindu Succession Act, 1956
(Following Section 2 of the Hindu Succession Act) The terms of this Act are suitable for:
- any individual in any form or creation relevant to the Hindus.
- a human by Faith, Jaina, Sikh
- anyone who is not Muslim, Christian, Parsi or Jew.
2) Who under Hindu Law is a Legitimate Heir?
- Daughter of a son who is deceased
- Daughter of a daughter who is deceased
- Daughter of a predeceased son of a pre- dead son
- Widow of a son who is deceased
- Widow of a predeceased son of a pre- dead son
- Son of a son who is deceased
- Son of a daughter who is deceased
- Son of a predeceased son of a predeceased son
3) What are the various laws governing heritage in India?
- Hindu law on the succession of Hindus 1956/2005— It is on the line of Hindus applies to the Sikhs, Jains and Buddhists. The Hindus Law is without a Will to succeed.
- Indian Succession Act, 1952— It applies to the transferring property by Will (a testamentary estate). This legislation requires the person to pass the property to another person who legitimately wishes to be drafted by “Will”.
The future heirs must ensure that no liability is added to the property or estate of the deceased immediately after the death of an individual until the “inheritance of property” is decided upon (division/succession).
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