Money is one thing in this world which has immense power, sufficiently enough to break relations too. A missing written will can create one such situation too. There is usually no problem when a person makes a will in written and assigns the persons who get the shares in the property. But many times, people leave for their heavenly abode without leaving behind a will, thinking they would make it someday, but that day never arrives. And this eventually may lead to a very ugly situation. It can cause enmity among the family relations when blood fights blood.
Therefore one must ensure that he/she makes a will and gets it registered at the earliest as no one knows when he would breathe his last. This way one can make sure that his wealth goes to someone he desires. A person dying leaving behind a will creates no issues and confusions, but what if there is no written will? How is the wealth distributed then? Who decides upon all this?
If a written will is missing, then the Hindu Succession Act, 1956 decides as to who will be the beneficiaries. The Hindu Succession Law also applies to Jains and Sikhs, and Muslims and Christians are governed under separate laws. In this article, we will be discussing mainly about the Hindu population and what happens after a MALE dies, and not female. Points relating to females have been discussed separately later on.
Legal Heirs under the Hindu Succession Law
The Hindu Succession Law categorises legal heirs into two separate classes- class I and II. Class I heirs have the first right on the property. In the absence of Class I heirs, Class II heirs get the rights. Now, let us first know who all fall under Class I and Class II under the Hindu Succession Law.
Relations under Class I
- Widow
- Son/Daughter
- Mother
- Son/Daughter of a dead son (i.e. pre-deceased son)
- Son/Daughter of a dead daughter
- Widow of a dead son
- Son/Daughter of dead son of a dead son (i.e. 3 levels)
- Widow of a dead son of a dead son
Relations under Class II
- Father
- Sister/Brother
- Daughter’s daughter’s son/daughter
- Son’s daughter’s son/daughter
- Sibling’s son/daughter
- Brother’s widow
- Father’s parents
- Mother’s parents
- Father’s siblings
- Mother’s siblings
What happens when both Classes I & II are missing?
In some cases, there is no legal heir either from Class I or Class II. What should be done in such cases? According to the Hindu Succession Law, if there is no legal heir from either of the two classes then the property gets passed on to the agnates and cognates. Now who are agnates and cognates?
Agnates: A person is called agnate of the deceased, if he/she is related either by blood or by adoption completely through the chain line of the male.
Cognates: A cognate is someone who is related to the deceased by blood or adoption, but not wholly through male. That means, there has to be a female ancestor’s intervention somewhere in the chain.
Agnates are given the first priority, and if an agnate is missing, then the rights are passed on to the cognates.
It is worth noting that if there is widows more than one, then only one share is given to them which they have to divide among themselves.
A few rules points to remember
- A child in mother’s womb is given a separate share in the wealth.
- If the widow remarries on the date of the succession, she gets no share.
- If the heir is the one who has killed the deceased, and law has declared it as a murder, then he gets no right to claim property.
- If no heir exists as per the stated norms, the Government gets the property.
Muslims have separate Shariat Act for this purpose, under which the widow gets 50% of the property, no matter how many legal heirs exist. The remaining 50% is shared equally among the children. Unlike this, the Hindu Succession Law has a provision of equal share between the children and the widow.
The Hindu Succession Law for FEMALE death
In case of females, a few distinct points exist. The distribution rules are:
- Upon sons and daughters, husband and son/daughter of dead son or daughter
- Upon heirs of husband
- Upon father and mother
- Upon father’s heirs
- Upon mother’s heir, serially
If the woman has inherited property from her parents, first right shall lie with her father’s heirs and not husband’s. If she has inherited from her husband, then the rights shall be given to her husband’s heirs, provided he doesn’t have children.
