Hindu Succession Act
shrikant chavan
(Querist) 07 October 2009
This query is : Resolved
what is rule for the devolution of hindu joint family?
can any father devolve the share of son by testamentary?
Sachin Bhatia
(Expert) 07 October 2009
The interest of a Hindu in the property of the joint family will devolve by succession as per the Act. The coparcenary property shall be deemed to have been divided as if partition had taken place and the daughter is allotted the same share as is allotted to a son. The share of a pre-deceased son or a pre-deceased daughter will be allotted to their surviving child. The share of the pre-deceased child of a pre-deceased son or daughter will be allotted to the child of such pre-deceased child.
The Act envisages a notional partition before the death of the Hindu coparcener. The daughter is also subject to the same liabilities as the son.
Sachin Bhatia
(Expert) 07 October 2009
In respect of the self-acquired property of a Hindu dying intestate and in respect of the property he acquired from his ancestors after partition, it shall devolve,
• Firstly, to his relatives specified in class I
• If there is no class I heir, upon relatives specified in class II
• Thirdly, if there is no heir of any of the classes, then to his relatives related to him wholly through the male members of his family(i.e., agnates)
• Fourthly, if there is no agnate upon his relatives related to him by blood or adoption but not wholly through the male members of his family.
Class I heirs:
Son
Daughter
Widow
Mother
Son of a predeceased son
Daughter of predeceased son
Widow of predeceased son
Son of a predeceased daughter
Daughter of predeceased daughter
Son of predeceased so of predeceased son
Daughter of predeceased son of a predeceased son
Widow of predeceased son of a predeceased son
Succession to the property of female Hindus:
i. The property inherited by a female Hindu or self-acquired by her if dying intestate, shall devolve upon her sons or daughters or their children.
ii. Any property inherited by her from her father/mother in the absence of any son/daughter/their children will devolve upon the heirs of the father.
iii. If the property is inherited from her husband/father-in-law in the absence of any son/daughter/their children upon the heirs of the husband
iv. In all other cases,
• Firstly upon the sons and daughters which include the children of any predeceased son or daughter and then to the husband.
• Secondly, upon the heirs of the husband
• Thirdly, upon the mother and father
• Fourthly, upon he heirs of the father
• Lastly, upon heirs of the mother.
The coparceners (including women) can demand partition of the joint family dwelling house occupied by members of the coparcenery.
The person who has separated himself from the coparcenary before the death of the deceased or any of the heirs of such divided coparcener is not entitled to claim a share in the intestate property.
A will can be made of the interest in the coparcenary property. Agricultural land is also included.
Widows of a coparcener who have remarried continue to have their rights under the Act which they would have had if they had not remarried.
A person who commits murder or abets the commission of murder is disqualified from inheriting the property of the person murdered. When such person is disqualified, it is presumed that such person had died before the intestate.
adv. rajeev ( rajoo )
(Expert) 08 October 2009
I agree with Sachin, he has explainted in detail.
Thanks to him also.
