Joint Family Property

Under the Mitakshara School, the joint family property devolves by survivorship. When a male Hindu dies after the commencement of this Act having at the time of his death an interest in a Mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this Act. However if the Mitakshara dies leaving behind a female relative or male relative claiming through Class I, this undivided interest will not devolve by survivorship but by succession as provided under the Act.

General Rules of Succession - MALE HINDU

The property of the male Hindu dying intestate shall devolve in the following manner

• Firstly upon all the heirs, being the relatives specified in Class I;
  
• Secondly, if there is no heir of Class I, then upon heirs being the relatives specified in Class II;
• Thirdly if there is no heir of any of the classes, then upon the agnates of the deceased; (one person is said to be agnate of another if the two are related by blood or adoption wholly through males) and;
• Lastly, if there is no agnate, then upon the cognates of the deceased. (One person is said to be a cognate of another if the two are related by blood or adoption but not wholly through male)

CLASS 1 HEIRS

1. Son
2. Daughter
3. Widow
4. Mother
5. Son of a predeceased son
6. Daughter of predeceased son
7. Widow of predeceased son
8. Son of predeceased daughter
9. Daughter of predeceased daughter
10. Son of predeceased so of predeceased son
11. Daughter of predeceased so of predeceased son
12. Widow of predeceased son of a predeceased son

Class I heirs take simultaneously to the exclusion of all other heirs in the first entry of 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.

General Rules of Succession – FEMALE HINDU

The property of a female Hindu dying intestate shall devolve:

• firstly, upon the sons and daughters (including the children of any predeceased son or daughter) and the husband;
• secondly upon the heirs of the husband;
• thirdly, upon the mother and father;
• fourthly, upon the heirs of the father; and;
• lastly, upon the heirs of the mother

However, if any property is inherited by a female Hindu from her father or mother it shall devolve in the absence of any son or daughter of the deceased (including the children of any predeceased son or daughter) not upon the heirs referred to above but upon the heirs of the father; and 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 (including the children of any predeceased son or daughter) not upon their referred to above, but upon the heirs of the husband.

(NOTE: This information is given for the limited purpose of bringing awareness about the subject matter for readers. The readers are advised to seek further information by way of logging a query by registering or by contacting Legalight personally and NOT TO ACT on the above said information. Legalight is not responsible for any adverse acts taken by the readers)

For any further enquiries, readers are requested to log-in their queries using this LINK.