Here is the Senior High Court Advocate Rajini Legal Advice on Hindu Succession Act 1956, 2005 corresponding to property rights for widows, daughters, parents, sons, and son-in-laws.
#LawyerRajini #HinduSuccessionAct #WidowPropertyRights #DuaghtersPropertyRights #ParentsPropertyRights
The Hindu Succession Act, 1956 is an Act of the Parliament of India enacted to amend and codify the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs. The Act lays down a uniform and comprehensive system of inheritance and succession into one Act. The Hindu woman's limited estate is abolished by the Act. Any property possessed by a Hindu female is to be held by her absolute property and she is given full power to deal with it and dispose it of by will as she likes. Parts of this Act were amended in 2005 by the Hindu Succession (Amendment) Act, 2005.
In the case of males
The property of a Hindu male dying intestate, or without a will, would be given first 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 heirs in Class II, the property will be given to the deceased's agnates or relatives through male lineage. If there are no agnates or relatives through the male's lineage, then the property is given to the cognates or any relative through the lineage of females.
There are two classes of heirs that are delineated by the Act.
Class I heirs are sons, daughters, widows, mother and grandchildren
If there is more than one widow, multiple surviving sons, or multiples of any of the other heirs listed above, each shall be granted one share of the deceased's property. Also if the widow of a pre-deceased son, the widow of a pre-deceased son of a pre-deceased son, or the widow of a brother has remarried, she is not entitled to receive the inheritance.
Class II heirs are categorized as follows and are given the property of the deceased in the following order:
Father
Son's / daughter's son
Son's / daughter's daughter
Brother
Sister
Daughter's / son's son
Daughter's / son's daughter
Daughter's / daughter's son
Daughter's /daughter's daughter
Brother's son
Sister's son
Brother's daughter
In the case of females
Under the Hindu Succession Act, 1956,females are granted ownership of all property acquired either before or after the signing of the Act, abolishing their "limited owner" status. However, it was not until the 2005 Amendment that daughters were allowed equal receipt of property as with sons. This invariably grants females property rights.
The property of a Hindu female dying intestate, or without a will, shall devolve in the following order:
upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband,
upon the heirs of the husband.
upon the father and mother
upon the heirs of the father, and
upon the heirs of the mother.
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