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GENERAL LAW ON SUCCESSION

                                               

INTRODUCTION

This Act is formulated in order to govern the lawful shares of the heirs of the person who has died leaving behind his properties.

Important Sections 

Section 8 to 13 of the Hindu Succession Act talks about the rules regarding the devolution of the property of the Hindu Male dying intestate i.e. a person when dies without executing a will.

SECTION 8 says that in case a Hindu male dies intestate in that situation his property devolves as per the following rules:-

a. Firstly upon class I heirs;

b. if no heir under class I, then upon class II heirs;

c. if no heirs in above mentioned classes, then upon agnates of deceased;

d. And finally if no agnates, then upon the cognates of deceased.

SECTION 9 says that if there are more then one heir under class I, then the property referred in Sec 8 shall devolve upon all of them in equal proportions;

In case there are no class I heir, then property shall devolve upon persons listed under Entry one or else under second entry and so on.

SECTION 10 talks about the distribution of the property amongst class I heirs;

Widow will take one share;

Surviving son / daughter / mother shall take one share;

Heirs in branch of each pre-deceased son / daughter shall take one share.

SECTION 11

Distribution among class II heirs

It says that the property of intestate shall be divided in accordance with heirs specified in any one entry of class II, so that they share equally;

SECTION 12 talks about the order of succession among cognates / agnates

RULE 1 Out of 2 heirs, one with fewer or no degree of ascent;

RULE 2 where no. of ascents are same, one with fewer no. of descents;

RULE 3 where neither rule 1 or rule 2 applies, then they take simultaneously;

SECTION 13 Computation of degrees 

relation shall be reckoned from intestate to the heir in terms of degree of ascent or descent or both;

degree of ascent/descent shall be computed inclusive of intestate;

every generation constitutes a degree either ascending or descending

SECTION 14 of the act says that in case the property is being devolved upon the Hindu female by way of gift, or otherwise, in such case she becomes the absolute owner of the same.


 

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