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Property Inheritance Laws in India.pptx
- 1. PRESENTATION ON LAWSRELATED 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
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- 3. Laws related to IntestateProperty Inheritance in India
- 4. Property is asystem of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. What is property?
- 5. Inheritance, alsocalled 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 intestatetestate 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 Awill 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 persondies without leaving a valid will, their property must be shared out according to certain rules. Intestate Property
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- 11. Two Schools of HinduLaw Mitakshara Dayabhaga Two Schools of Hindu Law
- 12. Mitakshara Exists throughoutIndia 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 prevalentin 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 After2005 Intestate Property Inheritance and Hindu Daughters
- 15. Before 2005 Daughtersdid 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 HinduSuccession Act, 1956 was amended in 2005 Daughters have been given equal rights as sons in ancestral and self-acquired property
- 17. Hindu Succession actmale 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 inthe 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 inthe 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.
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- 25. 1. Husband orwife 2. Children (including adopted children) 3. Parents 4. Grandparents 5. Siblings (including consanguine siblings) Sharers
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- 27. Wife 25% Succession of aman’s property in case of NO lineal descendants
- 28. Wife 12% Succession of aman’s property if there ARE lineal descendants
- 29. Husband 50% Succession of awoman’s property in case of NO lineal descendants
- 30. Husband 25% Succession of awoman’s property if there ARE lineal descendants
- 31. Daughter 50% If deceased personhas ONLY one daughter
- 32. All Daughters 67% If deceased personhas 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
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- 37. Parents Siblings Other relatives based on proximity of relationship If no children or descendant, who will get the property?
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- 39. If no childrenor descendant, who will get the property? Parents 50%
- 40. Siblings Otherrelatives based on proximity of relationship If no parents, who will get the property?
- 41. Succession ofgirls 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?
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