Inheritance under Hindu Law

We are talking about only those inheritance where male or female Hindu died intestate. Intestate means without WILL. A person who died without writing a WILL is called as ‘intestate’ in legal terminology. Inheritance under Hindu law is possible either through WILL or through operation of law. 

As a general principle whenever a Hindu died intestate then a legal presumption comes in to force  that the property get vested in to legal heir automatically and it belongs to Joint Hindu Family.

Once a dispute arise or members of joint Hindu Family feels that there is requirement of distribution of inherited property then following legal recourses can be helpful and one should have basic information in this area : -

1) Have a family arrangement within legal heirs deed (though an oral and written arrangement) is acceptable but preferably have a written arrangement and get it registered.

2) Alternatively a partition deed within legal heirs  can also be prepared in the same manner.

3) Deeds should be prepared by a competent lawyer having adequate experience and exposure to Hindu Law.

4) Carry a mutation proceeding on the basis of partition/ settlement deed before Tehsildar (executive magistrate) in case of agricultural property and  before Municipal authorities in case o f urban property. ‘Mutation’ means the change of name in Govt. Records.

5) Mutation can also take place on the basis of death certificate of the intestate supported by an affidavit of the legal heirs for the same but remember that mutation cannot be the sole basis of transfer of title. Order of mutation can be challenged in civil court.

6) In the case of disputes among legal heirs on inherited property then a civil suit of partition and possession can be filed under code of civil procedure praying the court to declare the portion of inherited property in favor of petitioner and the trial begins thereafter. Once the court passes a decree of partition then accordingly mutation can take place.

7) So,  it can be said basically, inheritance under Hindu Law revolves around Hindu Succession Act, Hindu Law, state’s land revenue code, Municipal Act, stamp & registration, Civil Procedure Code etc.

Division Of Property of intestate

Whenever a Hindu dies then the property get vested among his/her heirs by virtue of Hindu Law. Now, Hindu Law, which is a well developed law, has four schedule or we can  say categories of Legal heirs.  If the first category fails then second comes and then third and so on. First category are direct relatives, second category is second line relative and third category is of ‘agnate’ (relatives from father side and forth categories are ‘cognates’ that is relatives of mother side.

Remember if any Hindu dies instate and without any relatives of abovementioned categories then the property get vested with the State Government under due procedure of Law.

Today we will see the first category only for inheritance of Male Hindu : -

Rule1.- The intestate’s widow, or if there are more widow than one, all the widows together, shall take one share.

Rule 2.- The surviving sons and daughter 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 intestate 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 the pre-deceased son shall be son made that his widow (or widows together) and the surviving sons and daughters get equal portions, and the branch of his pre-deceased 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

Similarly there are division of property among rest of the three category defined under Hindu Succession Act, 1956 and (amendment) Act, 2005.

Regards

Ambrish Tiwari

MBA, LLB.