In our country today also few people make their will so that after their death there is no legal dispute about succession and their heirs should not be caught in any kind of controversy. According to data, even 2 percent of people in India do not make the will. Only rich wealthy will make the will because many people can get involved with their huge business. Who will be the property if the will is not done, if a person dies without a will, then his property is divided between his family members according to the rules laid down in succession law.
Hindu, Sikh, Jain or Buddhist: If a person is a Hindu, a Sikh, a Jain or a Buddhist, then his property is divided among his heirs under Hindu Succession Act 1956.
Class one successor: Under this law, Class One heirs receive priority over other heirs. Class One successors include son, daughter, widow mother, son or daughter of late son or daughter, widow daughter-in-law, son of late son or daughter of late son, widow’s widow of deceased son. After the amendment in 2005, more families have been added to this list, including the son or daughter of the deceased daughter, son of late son of late daughter, daughter of late daughter of late daughter.
Class two Successor: There are 9 categories. Father is kept in category one while the brother or sister, granddaughter’s son or daughter is in the second category. In the third category of class two, the son or daughter of a grandmother or grandfather comes. It is worth noting that 4 successors of second and third class class 2 are included in Class One. The son of father and granddaughter or granddaughter has been kept in class one.
God Lee’s children are valid but not Step-Mother: Under this law, brother and sister mean lawful siblings. There are also children adopted, but not stepchildren. The offspring born after the death of the deceased will also be considered as law. Due to whether or not the daughter is married or not, there will be no difference in her right.
If the woman does not have the will: Under the Hindu Succession Act 1956, if a woman dies without her will, then there is a provision for sharing of her property. The property of this woman will be first shared in the son, daughter and husband. They will also be included in the offspring of his deceased son or daughter. In the second place, this split will be between husband’s successors. In the third place the mother’s parents will come. At the fourth place will be his father’s successor. In the end, he will be the successor of his mother.
The succession on property inherited the woman: If the woman has inherited this property from her husband or father-in-law, then the property will be shared between her husband’s successors if there is no offspring of the woman or the son and daughter of the deceased children. By meeting in the heritage of property, it means that this property has been found in the inheritance of a woman without any will, and not in any will or gift.
Similar split: In matters of property partition, children are not discriminated under the law. It may not be that a fixed deposit can be given to the elder daughter’s education and the car be given to the younger son who has been using it more. If there is no will, there will be equal division of property. Where division is not possible such that the sale of the car will be given to all heirs in equal proportion.
Being Muslim: If a Muslim person dies without a will, his successor’s decision will be based on Muslim personal law. It will depend on which class of Muslim religion it is related to. In Islam, one can only make one-third of his total wealth. The remaining two-thirds of the property have to be compulsorily divided into legal heirs. According to Sharia law, this division depends on whether it belongs to ‘Bohi, Maman, Shia or Sunni’ category.
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