(in Hindi) (in Hindi) (in Hindi) (in Hindi) (in Hindi) (in Hindi)
CHAPTER II: INTESTATE SUCCESSION
S. 6. (amended 2005)
Devolution of interest in coparcenary property.-
(1) In a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,-
(a) be coparcener (by birth) same as son;
Partition before 20th day of December, 2004, stand. partition duly registered under the Registration Act, 1908’.
(3) Joint Hindu family property under Mitakshara law, shall devolve by testamentary or intestate succession, and not by survivorship.
(a) the daughter is allotted the same share as is allotted to a son;
(b) the share of the pre-deceased coparcenar, shall be allotted to his (her) surviving child (or grand-child); and
(4) no court shall recognise pious obligation of son against debt of his father (or grandfather)t:
7. Devolution of interest in the property of a tarwad, tavazhi, kutumba, kavaru or illom
8.General rules of succession in the case of males
(a) Only to Class 1 heirs (if any); specified in schedule;
(b) Else, if no alive class 1 heir, then relatives specified in class II (Schedule);
(c) Else, if there is no heir of classes I or II, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.
9. Order of succession among Class of heirs:
Those in class I shall take simultaneously and to the exclusion of all other heirs;
Those in the first entry in class II shall be preferred to those in the second entry;
those in the second entry shall be preferred to those in the third entry; and so on in succession.
10 Distribution of property among heirs in class I of the Schedule:
Rule 1-The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.
Rule 2-The surviving sons and daughters and the mother of the intestate shall each take one share.
Rule 3-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.
Rule 4-The distribution of the share referred to in Rule 3-
(i) widow and the surviving children get equal portions; same in branches of pre-deceased child (son or daughter).
11. Distribution of property among heirs in class II of the Schedule
They share equally.
12. Order of succession among agnates and cognates
Rule 1- Of two heirs, the one who has fewer or no degrees of ascent is preferred.
Rule 2- Where the number of degrees of ascent is the same or none, that heir is preferred who has fewer or no degrees of descent.
Rule 3- Where neither heirs is entitled to be preferred to the other under they share equally.
13. Computation of degrees
(3) Every generation constitutes a degree either ascending or descending.
14. Property of a female Hindu to be her absolute property
any such property held by her as stridhana immediately before the commencement of this Act.
15. General rules of succession in the case of female Hindus
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16 :
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) For property inherited by a female Hindu
(a) from her father or mother shall devolve,
in the absence of any son or daughter of the deceased;
upon the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve,
in the absence of any son or daughter of the deceased;
upon the heirs of the husband.
16. Order of succession and manner of distribution among heirs of a female Hindu
Rule 1- those in one entry shall be preferred to those in any succeeding entry and those including in the same entry shall take simultaneously.
Rule 2- the children of predeceased child of intestate shall take between them the share which such child would have taken if living at the intestate’s death.
GENERAL PROVISIONS RELATING TO SUCCESSION
19. Mode of succession of two or more heirs
If two or more heirs succeed together to the property of an intestate, they shall take the property- (a) save as otherwise expressly provided in this Act, per capita and not per stripes;
20. Right of child in womb
25. Murderer disqualified
26. Convert’s descendants disqualified
28. Disease, defect, etc. not to disqualify
29. Failure of heirs
Chapter III: TESTAMENTARY SUCCESSION 30. Testamentary succession
2. Any Hindu may dispose of by will or other testamentary disposition any property, which is capable of being so disposed of by him or her.
HEIRS IN CLASS I AND CLASS II
Sorry to say but it seems you r in very much hurry. I don't understand Sir, are you teaching us or studying yourself. "Aage chalte hain" pehle jo dikh rha hai atleast us ko to odh lene do. Disappointed
Aghr father ki apne source sae achieve ki hui peroperty hae to wae kisi ko dae skte hae but family property h to sbhi ko milegi aghr father kisi ak person k naam krata h to baki usko court Mae challenge kr skte h
Sir, I have an agriculture land of four acres. The partition was done in my and my brother’s favor equally. But the partion was done during 1986 june with help of village accountant and tahasildar.I have a mutation papers .Since from 1987 I am getting holdings certificate to take the loan.But partition has not done throug registrar nor court deed.my father died during 1998 and mothe in feb 2005. Before june 1986 the agriculture land was on father’s name.before 1963 it was on the name of my grand fathe who divided the agri land in between my father and and my fathr’s elder brother equally.
I have four married sisters asking share in the above land. Is there any time span to claim this land sir? I have heard that after gap of 13 years of oral partion, my sister were lost the claim in rights in ancestral property.
Whether oral partition is acceptable or not acceptable to hindu succession act which was done before 2005 sep.
Now my brother wanted to give the above land to me. Because he was not married but do not want to write the will.But i want to know after his death whether my sisters are having the rights in my brothers’s property or not?
A,B,C & D were holding
coparceners property (joint property)
1. A. was having wife but no children.Howevger
she was not wedded wife of A but as a result of friendship
2. B. was having wife and three sons and two
3. C. was also have wife and three sons and two
4. D, was neither having wife nor any children.
After the death of “D” correction in the land record was made as under
¼ share was given to “A” and 2/3rd to
“B” & “C”
After the death of “A” correction in the land record was
made as under:
Widow of “A” was given 1/4th share in the joint property
and reaming 2/3rd to “B” & “C”
Widow of “A” subsequently wrote a Will allotting
her 1/4th share of joint property
in favour of Sons of “C” alienating
queries are as under:
1. Whether the widow of “A” was
entitled to 1/4th share in joint property?
2. Whether she was entitled to wrte a will
in favour of sons of “C” above ignoring the interest of other coparceners.
I shall be
grateful if necessary clarifications to my above queries is given .
please clear married daughter right in father agriculture land in up land come in Nagar Nigam area and also developed by Meerut Vikas pradhikaran and alloted to public we are three sister and one brother Hindu succsation act sec 6 applicable in this matter or not Meerut Uttar Pradesh
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