Presentation on existing property inheritance laws in india as a part of B.Ed. curriculum

1. PRESENTATION ON LAWS RELATED TO INTESTATE
PROPERTY INHERITANCE IN INDIA
COURSE: 1.4.6
GENDER, SCHOOL AND SOCIETY
BY: ANKITA DATTA
REGISTRATION NO. 2115007030 OF 2021-2022
UNIVERSITY ROLL 150072 NO. 21004
B.ED. SEMESTER IV
SESSION: 2021-2023
UNDER THE SUPERVISION OF: DR. SUTAPA THAKUR, DR. KUMAR VISHWABANNDHU,
DR. ENAKSHI BHATTACHARYA DUTTA
GOVERNMENT COLLEGE OF EDUCATION
(C.T.E.), BANIPUR

2. Disclaimer

3. Laws related to
Intestate Property
Inheritance in India

4. Property is a system of rights that gives people legal control of
valuable things, and also refers to the valuable things themselves.
What is property?

5.  Inheritance, also called succession, the devolution of property
on an heir or heirs upon the death of the owner.
 The term inheritance also designates the property itself. In
modern society, the process is regulated in minute detail by
law.
What is property
inheritance?

6. Hindu inheritance intestate testate
Property
Inheritance
If a person is
deceased
AFTER leaving
a valid Will
If a person is
deceased
WITHOUT
leaving a valid
Will

7. Testate Succession
 A will outlines how a person want their assets to be distributed
among their heirs after they decease
 It specifies who will receive what portion of the property
 It may also include other provisions, such as the appointment of
an executor to manage the distribution process

8. When a person dies without leaving a valid will, their property
must be shared out according to certain rules.
Intestate Property

9. Existing
Succession Laws
in India
Indic
Religions
Muslims
Other
Religions

10. Hinduism Buddhism
Sikhism Jainism
Hindu
Succession
Act, 1956

11. Two Schools
of Hindu Law
Mitakshara
Dayabhaga
Two Schools of Hindu Law

12. Mitakshara
 Exists throughout India EXCEPT in the State of West Bengal and Assam
 Rights in the joint family property acquired by BIRTH
 Females have NO right of succession to the family property
 The right to property passes by survivorship to the other male
members of the family.

13. Dayabhaga
 Is prevalent in WEST BENGAL and ASSAM
 Rights in the joint family property are acquired by INHERITANCE or
by WILL
 The share of a deceased male member goes to his widow in default
of a closed heir.

14. Before 2005 After 2005
Intestate Property Inheritance and
Hindu Daughters

15. Before 2005
 Daughters did not have equal rights to intestate ancestral
property
 They were considered as coparceners (= joint heirs) only in the
case of joint family property

16. After 2005
 Hindu Succession Act, 1956 was amended in 2005
 Daughters have been given equal rights as sons in
ancestral and self-acquired property

17. Hindu Succession act male female
Hindu
Succession
Act, 1956
If the
deceased
person is a
MAN
If the
deceased
person is a
WOMAN

18. Male Hindu heirs
Intestate
Succession
in the case
of a man
Class I Heirs
Class II Heirs
Agnates and
Cognates

19. Class I Heirs
1. One or more surviving widow(s)
2. The surviving sons and daughters (including
illegitimate children) and the mother
3. The heirs in the branch of each pre-deceased son or
each pre-deceased daughter of the intestate

20. Class II Heirs
1. Father
2. (1) Son’s daughter’s children (2) Siblings
3. Daughter’s grandchildren
4. Siblings’ children
5. Father’s parents
6. Father’s widow; brother’s widow
7. Father’s siblings
8. Mother’s parents
9. Mother’s siblings

21. Agnates and Cognates
 Agnates = related by blood or adoption wholly through males
 Cognates = related by blood or adoption but not wholly
through males

22. Intestate Succession in the
case of a woman
 Children (including the children of any pre-deceased son or
daughter) and the husband
 Heirs of the husband
 Parents
 Heirs of the father
 Heirs of the mother

23. Muslim Personal Law
 Governed by Islamic Shariah and are primarily derived from the
Quran and Hadith
 Based on the concept of ‘Faraid’, which outlines the shares of
various heirs.

24. Types of
heirs
Sharers
Residuaries
Inheritance under Muslim
Law

25. 1. Husband or wife
2. Children (including adopted children)
3. Parents
4. Grandparents
5. Siblings (including consanguine siblings)
Sharers

26. Fixed Shares:
Some Examples

27. Wife
25%
Succession of a man’s property in
case of NO lineal descendants

28. Wife
12%
Succession of a man’s property if
there ARE lineal descendants

29. Husband
50%
Succession of a woman’s property
in case of NO lineal descendants

30. Husband
25%
Succession of a woman’s property
if there ARE lineal descendants

31. Daughter
50%
If deceased person has ONLY
one daughter

32. All
Daughters
67%
If deceased person has
MORE THAN one daughter

33. If both son(s)
& daughter(s)
are there
Sharers Residuaries

34. Indian Succession Act, 1925
 Applies to Christians, Parsis, and individuals not covered
under personal laws
 There are some special rules for Parsi intestates

35. Indian
Succession
Act, 1925
General
Rules
Special
Rules for
Parsis

36. Spouse
33%
Children
67%
General Rules

37.  Parents
 Siblings
 Other relatives based on proximity of relationship
If no children or descendant,
who will get the property?

38. Spouse
50%
Children
50%
Parsi Rules

39. If no children or descendant,
who will get the property?
Parents
50%

40.  Siblings
 Other relatives based on proximity of relationship
If no parents, who will get
the property?

41.  Succession of girls and women to ancestral
property is a RECENT phenomenon.
 It is a step towards WOMEN EMPOWERMENT.
What can be said?

42. References
1. Wolf, M. A. (2013). Powell on real property. Matthew
Bender
2. Hindu Law School
3. Hindu Succession Act, 1956
4. What is inheritance?
5. Who can inherit if there is no will?

43. Thank
You