HOW TO TRANSFER PROPERTY UNDER HINDU LAW AFTER DEATH OF PARENTS

 

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KEY TAKEAWAYS

 

The Hindu Succession Act of 1956 and the Indian Succession Act of 1925 are the two primary legislation that governs succession in India. Probate is a certified legal document bearing the court's seal that is certified by a court of competent jurisdiction.

Personal laws control succession and inheritance, which are governed by the Indian Succession Act, 1925. Following a 2005 modification, the daughters now have an equal portion of their father's ancestral property.

INTRODUCTION

Inheritance and succession is the process of transferring property following a parent's death. This process of succession and inheritance is governed by a number of laws. Property inheritance is also determined by the individual's faith. The inheritance and succession of property are governed by personal laws. The Hindu Succession Act of 1956 and the Indian Succession Act of 1925 are the two primary Acts that control succession rules.

Due to the great value of the real estate in today's society, the estate of the deceased person must be secured by the deceased person's successors after his death. The deceased's lawful heirs might claim his assets by following the legal procedure. The number of legal heirs, the Act under which the property is regulated, the nature of the property, the will, and other factors may affect the legal formalities for passing the property.

The legal procedure will vary depending on the situation. There will be more legal procedures if the deceased person died intestate (without a will) than if the deceased person made a will before death.

 

TRANSFER OF PROPERTY WITH WILL

Section 63 of the Indian Succession Act of 1925 defines a will. It is a legal document or a declaration that expresses a person's desires. The specifics of the person to whom the owner's assets will be passed are contained in a will. It might be one person or several; the choice is entirely up to the estate owner. A person of sound mind who is not a minor, that is, who is over the age of 18, can make a will.

Following the death of the asset owner, the court must verify the validity of the will and summon witnesses to verify the will's authenticity. Making a will necessitates the presence of witnesses. A will can also be registered; however, this does not rule out the validity of a will that has not been registered. Both documents are legitimate. If a will is made and then the owner makes another will before dying, the previous will is revoked, even if it is registered. The most recent will be legitimate and binding.

 

TRANSFER OF PROPERTY WITHOUT WILL

 

When a property owner dies intestate (without a will), the rule of succession applies. The deceased's assets will then be transferred pursuant to the court's ruling, which will be regulated by either the Hindu Succession Act 1956 or the Indian Succession Act 1925, depending on the scenario.

 

 

PROBATE

The Indian Succession Act of 1925 established the definition of probate. A certified copy of a will sealed by a court of competent jurisdiction is known as probate. The individual who writes the will specifies to who he wishes to transfer his assets and share in the will. The owner of the assets determines whether or not more than one person's name is listed in the will. Probate is the process of having a will certified under the court's seal. Probate establishes the validity of the will by confirming it. Probate is proof that the will was properly executed and reflects the deceased's true final wishes.

 

TYPES OF PROPERTY

Ancestral property is a form of property that is passed down through the generations. Property must be inherited by four generations to be considered ancestral. Every legitimate heir has a claim to the ancestral estate. Even married daughters now have an equal stake in familial property according to a 2005 law.

Self-acquired property— When a person acquires property on his own rather than inheriting it from his ancestors, it is referred to as self-acquired property.

TRANSFER OF PROPERTY UNDER HINDU LAW (HINDU MALE)

 

The laws for succession following the death of a Hindu man who dies intestate are laid forth in Sections 8 to 13. The Hindu male's heirs are split into four groups.

 

Class 1 –Sons, daughters, widow, mother, son of a pre-deceased son, daughter of a pre-deceased son, son of a pre-deceased daughter, daughter of a pre-deceased daughter, widow of a pre-deceased son, son of a pre-deceased son of a pre-deceased son, daughter of a pre-deceased son of a pre-deceased son, widow of a pre-deceased son of a pre-deceased son, son of a pre-deceased daughter, daughter of a deceased daughter of a predeceased daughter, daughter of a predeceased son of a predeceased daughter, daughter of a predeceased son.

 

Class 2 – 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, sister’s daughter, father’s father, father’s mother, father’s widow, brother’s widow, father’s brother, father’s sister, mother’s father, mother’s mother, mother’s brother, mother’s sister.

Class 3 are agnates and Class 4 are cognates.

TRANSFER OF PROPERTY OF HINDU FEMALE

The Hindu Succession Act divides the legal heirs of a Hindu female who dies intestate into three groups, based on how the assets were acquired. Three heads are used to determine the legal heirs.

1. Property inherited from a female's father and mother; 

2. Property inherited from a female's husband or father-in-law; or 

3. Property acquired from any other source, whether through inheritance or otherwise.

 

If the property is obtained by other means, the legal heirs are as follows, according to Section 15(1) of the Hindu Succession Act.

1.Son, daughter, husband, son, and daughter of a predeceased son and son and daughter of a predeceased daughter.

2.  Heirs of husband.

3.  Father and mother.

4.  Heirs of the father.

5.  Heirs of the mother.

 

Property inherited from father and mother:

1. Sons, daughters, sons, and daughters of a predeceased son and sons and daughters of a predeceased daughter.

2.  Heirs of the father.

 

Property inherited from husband or father-in-law:

1.  Sons, daughters, sons, and daughters of predeceased sons, and sons and daughters of predeceased daughters.

2.  Heirs of the husband.