After the amendment Act of 2005, according to Hindu Law by virtue of section 6, the property of Hindu male dying intestate devolves upon his heirs in Class-I category, which includes Sons, Daughters, Widows, mother etc. Hence, the property will devolve upon son, daughter, wife and mother of the intestate being class-1 legal heirs. Further, the father falls in the category of class-2 heirs.
FAQ Category: Inheritance Law
Can a Hindu divorced woman claim her ex-husband’s property after his death?
As per the traditional laws, a Hindu divorced woman can claim her ex-husband’s property, provided she did not re-marry after the divorce. This was mentioned in section 24 of the Hindu Succession Act 1956. However, by virtue of the Amendment of 2005, section 24 has been deleted and now, even if a widow re-marries, she can still claim her right in the property of her ex-husband.
Suppose a man has no son and only daughters, then how property will be divided among daughters. Will it go to the cousin brothers, or full property will be divided among daughters?
After the amendment Act of 2005, according to Hindu Law by virtue of section 6, the property of Hindu male dying intestate devolves upon his heirs in Class-I category, which includes Sons, Daughters, Widows, mother etc. Hence, in your case, if there is no son, then the property will be devolved upon the daughters in equal shares.
After the mother’s death, can children of predeceased children claim the mother’s property?
According to Hindu Law, after the death of a female, her property is devolved upon her children, children of predeceased children and husband. Therefore, in your case, children of predeceased children can claim their grandmother’s property.
What if the property partition was done before 2005, and will women still get a share in the property?
By virtue of the Amendment of Hindu Succession Act of 2005, daughters have equal rights as a son to inherit her father’s property provided no partition should have been affected before the date 20.12.2004, i.e., the date when this Amendment Act was introduced in the Parliament.
When grandfather dies, who has the right to inherit the property?
After the amendment Act of 2005, according to Hindu Law by virtue of section 6, the property of Hindu male dying intestate devolves upon his heirs in Class-I category, which includes Sons, Daughters, Widows, Mother, Son’s Son etc. Hence, after the death of their grandfather, his class-1 legal heirs will be entitled to his estate through natural succession.
Can a grandson claim his mother’s share in her father’s property when his mother has already died?
After the amendment Act of 2005, according to Hindu Law by virtue of section 6, the property of Hindu male dying intestate devolves upon his heirs in Class-I category, which includes Sons, Daughters, Widows, mother etc. Hence, a son can claim a share of his mother along with other legal heirs alive in the class 1 category.
Hello, my mother has passed away, and my father got married again. The second wife wants to share the property. She has no children. Can she claim a share in my father’s property?
After the amendment Act of 2005, according to Hindu Law by virtue of section 6, the property of Hindu male dying intestate devolves upon his heirs in Class-I category, which includes Sons, Daughters, Widows, mother etc. Hence, in your case, your father’s children from your first wife, your father’s second wife and his mother, if alive, will be entitled to share in your father’s property.
How to add your spouse’s name to the already registered property in India?
The spouse’s name can be added to the already registered property in two ways. Firstly, you can execute a sale deed favouring your spouse and get it duly registered with the concerned sub-registrar of the area. One needs to do so by paying the necessary transfer fees. Secondly, you can also execute a gift deed in favour of your spouse and get it duly registered with the sub-registrar. This registration has to be in the said jurisdiction and on a duly stamped deed. You can specify the portion of the property, either 50% or any other percentage of the portion of your choice that you wish to give to your spouse.