THE HINDU SUCCESSION ACT, ACT NO. 30 OF 1. [17th June, ] An Act to amend and codify the law relating to intestate succession among . THE HINDU SUCCESSION ACT, (Act No. 30 of ). [17th June, ]. An Act to amend and codify the law relating to intestate. HINDU SUCCESSION ACT, [ 30 of , dt. ]. An Act to amend and codify the law relating to intestate succession among Hindus. Be it enacted.
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An Act further to amend the Hindu Succession Act, Hindu Succession ( Amendment) Act, , in a Joint Hindu family governed by the Mitakshara. Full text containing the act, Hindu Succession Act, , with all the sections, schedules, short title, enactment date, and footnotes. THE HINDU SUCCESSION ACT, (Act. 30 of ) [17th June, ]. An Act to amend and codify the law relating to intestate succession among Hindus.
There are nine categories in Class II. If there are no heirs in Class II, then the property devolves upon agnates and failing which to cognates.
Lastly, if the deceased does not have any of the above heirs, the government will succeed to the property. The deceased also had one other daughter who predeceased him, the predeceased daughter had husband, one son and one daughter, all of whom survived the deceased. In the given case, the father of the deceased and the husband of the predeceased daughter will not inherit anything.
The mother, widow, son and the surviving daughter will get one-fifth share each in the property of the deceased, while the son and daughter of the pre-deceased daughter will get one-tenth share each. In this case, the mother will succeed to the entire property. In this case, the father will succeed to the entire property. In this case, the property will be divided equally between the three siblings.
It may be noted that words such as son, daughter mean legitimate son or daughter and includes a son and daughter who are adopted but does not include a step-son or a stepdaughter. 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 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.
Class I heirs are sons, daughters, widows, mothers, sons of a pre-deceased son, widows of a pre-deceased son, son of a, pre-deceased sons of a predeceased son, and widows of a pre-deceased son of a predeceased son.
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:. Under the Hindu Succession Act, ,  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 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:. Any person who commits murder is disqualified from receiving any form of inheritance from the victim. Earlier, according to the ruling, a daughter can avail of the benefits granted by the amendment only if her father passed away after September 9, Equal right to be coparceners A coparcenary comprises the eldest member and three generations of a family.
It could earlier comprise, for instance, a son, a father, a grandfather, and a great grandfather.
Now, women of the family can also be a coparcener. Under the coparcenary, the coparceners acquire a right over the coparcenary property by birth.
The coparceners' interest and share in the property keep on fluctuating on the basis of the number of members according to the birth and death of the members in the coparcenary. Both ancestral and self-acquired property can be a coparcenary property.