Sunday, December 25, 2011

Hindu Succession Formula

The following is an outline of the orders of succession and the shares of inheritance for heirs in different groups in India:

If the deceased is a Hindu male (including Buddhists, Sikh, Jain, and all those who are not Christian, Muslim or Parsi):

Class I heirs of a male Hindu who shall simultaneously inherit are:
Mother being alive (1 share)
Widow (1 share)
Living sons (1 share each)
Living daughters (1 share each)
Predeceased son having the following relations (1 share)
widow
sons
daughters – each to be equally divided.

If a predeceased son of this predeceased son leaves a widow, the living sons and living daughters each shall equally share the share of the predeceased son of the predeceased son who has one share with living sons and daughters. Predeceased daughter (1 share) to be equally shared by sons and daughters of the predeceased daughter.

In case there is none in the class I schedule, the property shall go to the class II based order. The earlier order is preferred over the later, (i.e. if an earlier order is present, the later orders would not inherit):

Order I: Father (whole in the absence of anybody in class I)
Order II: Son’s daughter’s son; son’s daughter’s daughter, Brother, Sister ( all in equal proportion)
Order III: Daughter’s son’s son, daughter’s son’s daughter, daughter’s daughter’s son, daughter’s daughter’s daughter (equally)
Order IV: Brother’s son, brother’s daughter, sister’s son and sister’s daughter
Order V: Father’s father, Father’s mother (equally)
Order VI: Father’s widow, brother’s widow
Order VII: Father’s brother, Father’s sister
Order VIII: Mother’s father, mother’s mother
Order IX: Mother’s brother, mother’s sister
If the deceased is a female Hindu dying intestate:

Entry A: Sons (1 share each), Daughters (1 share each), husband (1 share), son and daughter of predeceased son (equally together 1 share), son and daughter of predeceased daughter (equally together I share).

Entry B: Heirs of Husband:
Entry C: Father and Mother
Entry D: Father’s heir
Entry E: Heir’s of the mother
For more information:
TEAM Daniel & Boaz
Chennai Law Firm
Helpline: 9840802218
email: chennaipropertylawyers@yahoo.in

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