உயில் இல்லாத போது இந்து வாரிசு உரிமை சட்டம் என்ன சொல்கிறது...?

ECONOMIC TIMES :
How is the property devolved according to the Hindu Succession Act in the absence of a Will made by the deceased? ET Realty explains the various parts of the Hindu Succession Act 1956, applicable to male and female.

The Hindu Succession Act 1956 governs succession to property of a deceased Hindu. Both testamentary succession and non-testamentary succession are covered under the Act. Testamentary succession means succession to property through a Will. A Hindu may bequeath his property by Will. The property may be self-acquired or ancestral property (co-parcenary property). In case of ancestral property, he can dispose off his share of the property only through a Will. In case of self-acquired property, he can give away the entire property through a Will if he so desires.
Intestate succession means succession to property by law. Here, the devolution of the property of a deceased is not according to Will but according to law. There are separate provisions for succession to the property of a Hindu male and female. The Hindu female is the absolute owner of the property possessed and acquired by her. Heirs to property of a Hindu male, where there is no Will:

Class I

Son Daughter Widow Mother Son of a pre-deceased son Daughter of a pre-deceased son Son of a pre-deceased daughter Daughter of a pre-deceased daughter Widow of a pre-deceased son Son of a predeceased son of pre-deceased son Widow of a pre-deceased son of a pre-deceased son Daughter of a pre-deceased son of a pre-deceased son.

Shares of property are divided as:

Widow or widows all together have one share Mother, son and daughter together take one share each The heirs in the branch of each predeceased son or daughter take one share between them
For example, one dies without making a will. He leaves behind his wife, mother, two sons, two daughters, widow of his pre-deceased son, son of his predeceased son and daughter of his pre-deceased daughter.

Succession in this example will be as:

Property will be divided into eight equal parts One part will go to his only widow Mother, two sons and two daughters each will get one part One part will be equally shared by the widow of the pre-deceased son, and son of the pre-deceased son The remaining part will go to daughter of the predeceased daughter In the absence of any of the heirs mentioned in Class I, heirs of Class II succeed to the property. Succession is on a set priority. Those in the first entry will be preferred to those in the second, those in the second will be preferred to those in the third and so on. If the father of the deceased male is alive, he succeeds to the entire property and if the father is dead, heirs in the second entry i.e. son's daughter's son, son's daughter's daughter, brother, and sister will succeed. If there is more than one in any entry, they share the property equally.

Class II

I. Father II. Son's daughter's son, son's daughter's daughter, brother, sister III. Daughter's son's son, daughter's son's daughter, daughter's daughter's son, daughter's daughter's daughter IV . Brother's son, sister's son, brother's daughter, sister's daughter V . Father's father, father's mother VI. Father's widow, brother's widow VII. Father's brother, father's sister VIII. Mother's father, mother's mother IX. Mother's brother, mother's sister

INTESTATE SUCCESSION OF HINDU FEMALE

The property of a Hindu female, where there is no Will, devolves according to a given priority. If there are more than one heir, they share equally.

DEVOLUTION OF PROPERTY

Firstly, on the sons and daughters (including the children of any pre-deceased son or daughter) and the husband. Secondly on the husband Thirdly on the mother and father Fourthly on the heirs of the father. Lastly on the heirs of the mother. The Hindu Succession Act makes a distinction between the properties inherited by a female from her parents, from husband and from father-in-law . This will be operative only when the deceased Hindu female does not leave behind any heirs like son, daughter, and children of a predeceased son or daughter. The property inherited from her father or mother will devolve on the heirs of her father. In case a female has inherited property from husband or father-in-law and does not leave behind any heirs, the property will devolve on the heirs of her husband. Such property is to be treated as that of the husband's property, who has made no Will.