Hindu succession act 1956 |INTESTATE WILL | intestate succession in hindu law| MASKMOONJI | in tamil

Описание: Hindu succession act 1956 |INTESTATE WILL | intestate succession in hindu law| MASKMOONJI | in tamil - In this video explains about how a will were divide whether a will were unwritten
The Hindu Succession Act, 1956, is a law that was passed by the ‘Parliament of India’. The preamble of the Act signifies that an Act to amend and codify the law relating to intestate succession among Hindus. The Act lays down a uniform and comprehensive system of succession whereas attempt has been made to ensure equality inheritance rights between sons and daughters. It applies to all Hindus including Buddhists Jains and Sikhs. The Hindu Succession Act, 1956 preserves the dual mode of devolution of property under the Mitakshara School. The joint family still devolves by Survivorship with this important exception that if a Mitakshara Coparcener dies leaving behind mother, widow, daughter, daughter’s daughter, son’s daughter, son’s son’s daughter, son’s widow, son’s son’s widow, or daughter’s son his interest in the joint family property will devolve by succession.
Succession to the property of a Hindu Male
The Hindu Succession Act, 1956 deals with the inheritance to
a) The separate properties of a Mitakshara male,
b) The separate and coparceners properties of a Dayabhaga male, and
c) The undivided interest in the joint family property of a Mitakshara Coparcener.
The Act does not apply to the property of a Hindu who is married under the Special Marriage Act to a non -Hindu.
Heirs of a Hindu Male
The heirs of Hindu male fall under the following categories:-
1) Class I heirs,2) Class II heirs,3) Agnates,
4) Cognates, and5) Government.
Class I heirs:-

The property of a Hindu Male dying intestate would be given first to heirs within Class I. They are:
i. Mother,
ii. Widow,
iii. Daughter,
iv. Son,
v. Widow of a predeceased son,
vi. Son of a predeceased son,
vii. Daughter of a predeceased son,
viii. Widow of a predeceased son of a predeceased son,
ix. Daughter of a predeceased son of a predeceased son,
x. Son of a predeceased son of a predeceased son,
xi. Daughter of a predeceased daughter, and
xii. Son of a predeceased daughter.

Some new heirs are added by Hindu Succession (Amendment) Act, 2005. They are:

i. Son of a predeceased daughter of a predeceased daughter,
ii. Daughter of a predeceased daughter of a predeceased daughter,
iii. Daughter of a predeceased son of a predeceased daughter, and
iv. Daughter of a predeceased daughter of a predeceased son.

Shares of Class I heirs :Section 10, Hindu Succession Act deals with the distribution of the property of the propositus, among class I heirs.
They are as follows:1] Category I -a) Father.2] Category II -a) Son’s daughter’s son.b) Son’s daughter’s daughter.c) Brother.d) Sister.3] Category III -a) Daughter’s son’s son.b) Daughter’s son’s daughter.c) Daughter’s daughter’s son.d) Daughter’s daughter’s daughter.4] Category IV -a) Brother’s son.b) Brother’s daughter.c) Sister’s son.d) Sister’s daughter.5] Category V -a) Father’s fatherb) Father’s mother.6] Category VI -a) Father’s widow. [Step mother].b) Brother’s widow.7] Category VII -a) Father’s brother.b) Father’s sister.8] Category VIII -a) Mother’s father.b) Mother’s mother.9] Category IX –a) Mother’s brother.b) Mother’s sister.

The rule of share in Class-II heirs is that each will take per capita including widow.
Agnates and Cognates:
Next heir of Hindu male is ‘Agnates and Cognates’. In it first preference is given to ‘Agnates’ & then ‘Cognates’. The rules for determining who are agnates & cognates are the same; so are the rules relating to distribution of property among them.

Agnates mean when a person traces his relationship with another through males, he or she is an ‘Agnates’. For instance brother, brother’s son, son’s son, son’s son father, father’s father, father’s mother, father’s father’s father & mother, son’s daughter, son’s son’s daughter………. etc are agnates.
On other hand cognates means whenever in the relationship of a person with another, a female (or more than one female) interverence anywhere in the line, one cognate to another. For instance sister’s sons & daughters; daughter’s sons & daughters; mother’s mother & father; father’s mother’s father & mother; mother’s father’s son & daughter………..etc are all cognates.

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