Kevin Moses Paul
13 July 2021
As per your query, let me tell you if in case a Hindu man dies intestate i.e. the man passed away without formulating a will for his property, then in such a situation the distribution of the property will be as per the Hindu Succession Act (HSA), 1956.
Now, the Hindu Succession Act, 1956 states that in case a Hindu male died intestate his property shall be distributed equally amongst his legal heirs. The legal heirs of a male consists of the immediate family linked by the male. It includes wife, son, daughter and mother.
Therefore, all the people in this class shall equally divide the share among themselves.
For instance,
A: Grand Father
B: Grand Mother (Wife of A)
C: Son
D: Wife of Son (Daughter-in-law)
E: Grand son
F: Grand Daughter
In case A dies intestate, then the right of property vests in his son C and his wife B, then both of them will share equal right in the property i.e. ½ each.
The legal heirs are not eligible to formulate a will for such a property as it has not something earned by own hardwork but is an inherited property. Thus, no will can be formulated for it as it shall devolve upon the heirs entitled to such property under the Hindu Law.
Hope the concept is clear and it helps you out!
Regards
Kevin M. Paul
