Heir And Inheritance : Under the Hindu Succession Act, we explore the property rights of daughters, daughters-in-law, abandoned first wives, second wives, converts, adopted children, widows, mothers, and others. In reality, property or related scams account for two-thirds of all cases pending in Indian courts. This is due to the complexities of Indian property rights.

1. What is the definition of an heir and what is inheritance?
Under the Hindu Succession Act, we explore the property rights of daughters, daughters-in-law,
abandoned first wives, second wives, converts, adopted children, widows, mothers, and others.
In reality, property or related scams account for two-thirds of all cases pending in Indian courts. This is
due to the complexities of Indian property rights.
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India's property rights
The Indian Constitution provides citizens the freedom to own property under Article 300A. The right to
property, however, is not a basic right in India. According to Article 300A, "no individual shall be
deprived of his property unless by authority of law."

2. What exactly is an heir?
The legal status of the idea of heir is straightforward. The notion of an heir is recognised in Indian law, as
it is in most other countries. Heirs are those who are legally eligible to inherit property from their
forefathers or mothers.
In India, several laws distribute an ancestral property among the owner's legal successors. This article
will explain inheritance in India, as well as the notion of heir and property rights.
What exactly is inherited property?
A property would be either self-acquired or ancestral under Hindu law. It is self-evident that the two
types of property are separate. A self-acquired property is one that the owner purchased with his own
money, whereas an ancestral property is one that he gets from his family members.
The fact that a self-acquired property eventually becomes an inherited property complicates the
distinction between the two sorts of properties. An ancestral property can also become a self-acquired
property in the reverse direction. In the hands of a family member, ancestral property distributed
among members of a joint Hindu family becomes self-acquired property. Similarly, self-acquired and
undivided property obtained by a person's great-great grandfather eventually becomes ancestral
property.

3. Who are the legal heirs of a family estate?
An heir is a person who is legally entitled to inherit his ancestors' estate if they died without leaving a
will (known as intestate). The legal heirs of such a property owner will be accountable for property
inheritance and other claims after their death.
It's worth noting that the notion of an heir varies from religion to religion. This is also why their rights to
the deceased person's property may change depending on their religious affiliation.
Hindus, Buddhists, Jains, and Sikhs, as well as people who have converted to any of these religions or
were born out of marriage, are covered by the Hindu Succession Act (HSA). Because Indian Muslims and
Christians have their own personal law to decide how property is inherited by their legal successors, the
Hindu Succession Act does not apply to them. In this post, we'll look at the property rights of persons
who are affected by the Hindu Succession Act.
Applicability of the Hindu Succession Act
When a Hindu dies intestate, the HSA is called into doubt (without leaving a will). Following that,
succession is determined by the HSA's guidelines. If a Hindu man dies intestate, his property is divided
among the following, in order of preference. According to HSA, the lawful heirs are shown in the chart
below.
What is inheritance, exactly?
The term "inheritance" is only used in relation to succession. When a person dies, his or her property,
title, debts, and responsibilities may pass to the heir. Although different communities have diverse
approaches to inheritance, both tangible and immovable property are frequently passed down. We'll go
through inheritance in depth in light of the Hindu Succession Act.

4. After marriage, may daughters claim their father's property?
In 2005, the HSA was revised to provide equal property rights to the daughter. Prior to the Hindu
Succession Amendment Act of 2005, males had rights to their father's property until they married,
whilst girls could only do so until they married. It was formerly thought that following marriage, a
woman becomes attached to her husband's family and so has rights in a separate Hindu Undivided
Family (HUF). Daughters, whether married and unmarried, now have same rights to their father's
property as their brothers. They have the same rights and responsibilities as their brothers. A daughter
has the same rights as a mother, according to a 2005 ruling.
The Supreme Court ruled that a daughter can inherit her deceased father's property regardless of
whether or not the father was alive at the time of his death. Women were now recognised as
coparceners as well. They have the right to a part of the father's assets.
The Supreme Court declared in 2022 that daughters had the right to inherit their parents' self-acquired
property and any other property of which they are absolute owners, and that this rule would apply even
if a daughter's parents died intestate before the Hindu Succession Act, 1956 was codified.
Share of father's property held by married daughters
What is the percentage of their father's estate that married daughters can claim? According to the
Supreme Court decision, a daughter has the same claim as her brothers in her father's ancestral
property. However, this does not imply that the property would be shared equally between a brother
and a sister following the father's death. Because inheritance rules also grant property rights to other
legal heirs of the dead, the property will be divided according to each heir's share under the applicable

5. inheritance laws. A married daughter having an equal portion in her father's property merely indicates
that she will receive the same share as her brother.
What happens to property that single women inherit?
The property of a childless lady who died intestate is traced back to the following source: Court of
Appeals
The property of women who have no children and die without leaving a will is returned to their source,
according to the Supreme Court.
"If a female Hindu dies intestate without leaving any issue, the property she inherited from her father or
mother will go to her father's heirs, while the property she inherited from her husband or father-in-law
will go to the husband's heirs."
According to Section 15(1) (a) of the Succession Act, if a married woman dies and leaves behind her
husband and children, her assets, including those she received from her parents, pass to her husband
and children.
Mother's property rights and inheritance on son's property
A mother is a legal heir to her deceased son's property. As a result, if a man abandons his mother, wife,
and children, they are all entitled to an equal share of his estate. It's worth noting that if the mother dies
without leaving a will, her portion of her son's estate would transfer to her legal heirs, which includes
her other children.
According to Section 15(1) (a) of the Succession Act, if a married woman dies and leaves behind her
husband and children, her assets, including those she received from her parents, pass to her husband
and children.
An abandoned first wife's property rights and inheritance
Assume a Hindu guy marries another woman without getting a divorce. His prior marriage has not been
legally annulled, and his first wife and their children are legitimate heirs. If the couple divorces, the first
wife has no claim to the property and is alone responsible for her things. Even if the husband and wife
contributed equally to the purchase of a home, it is critical to have recorded documentation of each
spouse's monetary contribution in the event of a divorce. This is critical, particularly if you want to
pursue a property eviction lawsuit.
The second wife's inheritance

6. If her husband's first wife died or divorced before the husband remarried, a second wife has all legal
rights to her husband's property. Her children, like the children of the previous marriage, have equal
rights to their father's portion. If the second marriage is not legal, neither the second wife nor her
children are eligible to inherit the husband's ancestral property as legal heirs.
Religious conversion has an effect on inheritance.
According to the HSA, someone who converts to a different faith can still inherit property. The law in
India does not prevent someone from inheriting a property just because they changed their religion.
According to the Caste Disabilities Removal Act, anybody who has forsaken their faith is eligible to
inherit property. The convert's successors, on the other hand, do not have the same privileges. If a
convert's son or daughter professes a faith other than Hinduism, they may not be eligible to inherit the
family property.
A man's inheritance on his deceased wife's property
The husband has no claim to the wife's property during her lifetime. If the wife dies, her part will be
divided amongst her husband and children. "If the wife receives her part during her lifetime, the
husband can inherit the same," The spouse cannot claim anything that she did not acquire from her
parents or If a guy buys property in his wife's name with his own money, he can keep it even after she
dies away."
Widows' property rights and inheritance in India
If a person dies without leaving a will, the Hindu Succession Act, 1956, states that his property would be
divided among his heirs under class-I of the schedule. If a person dies without a will, his widow inherits
one-third of his estate. The widow, his son, his daughter, his mother, the son of a predeceased son, the
daughter of a predeceased son, the widow of a predeceased son, the son of a predeceased daughter,
the daughter of a predeceased daughter, the son of a predeceased son of a predeceased son, the widow
of a predeceased son, the son of a predeceased son of a predeceased son, the son of a prede
Can criminals claim to be heirs?
According to the HSA, persons who have been convicted of significant crimes are not eligible to inherit
property.
Half-blood children's inheritance
Half-blood children are created when the father has a kid with another woman/partner and the wife has
a child with another husband/partner. In other words, if there is just one common parent (as in
remarriage or divorce), the kid who is closest to the one who is inheriting will be chosen. A marries B, for

7. example. A's son from his first marriage is C. D is B's son from her first marriage. If A's property was
divided, C would be given first priority.
Live-in couples and their children's inheritance and property rights
The Supreme Court declared in 2015 that couples who have been in a long-term domestic partnership
would be considered as married. While no Indian religion recognises live-in relationships as legitimate,
the law does give some protection. Women in live-in relationships are entitled to legal rights and
support under Section 125 of the Criminal Procedure Code. According to Section 16 of the Hindu
Marriage Act, children born in live-in partnerships are also entitled to their parents' self-acquired
property. Children are also entitled to maintenance. Note that the Supreme Court declared in its
judgement that "walk-in and walk-out" partnerships are not considered live-in relationships. If the
couple have lived together for a long period, the regulations apply.
According to a Supreme Court decision from 2008, children born to a live-in marriage have the same
inheritance rights as legal heirs. According to the Hindu Marriage Act of 1955, children born out of
persons who have not married are solely entitled to their parents' property and not that of any other
relative.
Unwed mother's and child's rights
In the event of a custody battle between both (unwed) parents, there is no clear regulation about how
an unmarried couple with child (ren) should be treated. If both parents are members of the same faith,
their personal laws are investigated. If they do not share the same religious beliefs, the minor kid's
opinion is sought, and the youngster is counselled and examined for any psychological consequences.
A mother is the natural guardian of a child until he or she reaches the age of five, according to Hindu
personal law. Following then, the father assumes the role of natural guardian. When the father passes
away, the mother takes over as guardian.
Co-ownership rights of women in their husband's ancestral property
When males travel to cities in various Indian states in search of better job possibilities, they may
temporarily leave their families behind. The state government of Uttarakhand has passed an ordinance
granting women co-ownership rights in their husband's ancestral land in an effort to provide women
economic independence in a place where many men move for jobs. Over 35 lakh women in Uttarakhand
would profit from this decision.
A divorced woman who remarries will not be eligible to join the company as a co-owner. If a divorced
husband is unable to meet her financial obligations, the woman becomes a co-owner. A divorced lady

8. who does not have a child or whose spouse has been missing/absent for seven years automatically
becomes a co-owner of her father's land.
Adverse possession and inheritance
Those who have inherited a property that is now in the ownership of someone else must use caution in
obtaining custody of the property. Under current legislation, someone who has lived in a property for 12
years without interruption gets a right to the property through adverse possession.
The Hindu Succession Act has undergone significant revisions.
In 2005, the Hindu Succession Act was revised to add or eliminate several sections from the previous
Act. The following are some of the most notable amendments in the Act:
Amendment to Section 4(2)
Agricultural lands were not included in the purview of inheritance under Section 4(2) of the Hindu
Succession Act. In 2005, this was amended to include the ability to inherit agricultural lands. The Act was
changed to ensure greater equality between men and women, allowing women to exercise their rights
on the lands on which they had toiled.
Section 6 of the Hindu Succession Act was revised to specify that women may only have property rights
if it was given to them by relatives or strangers. However, the absolute ownership or rights were
preserved by the family or strangers in both circumstances. The reworking of Section 6 and the addition
of additional sections helped to ensure that women had the same rights as their brothers or other male
family members.
Section 3 of the Hindu Succession Act did not provide women the power to split a house unless the male
members of the family wished it. This harmed women's autonomy and rights, as well as their privacy. As
a result, Section 3 of this Act was removed from the amendment.
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