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HINDU INHERITANCE

Table of Contents

QUESTION BANK

Q.1. Explain in detail the devolution of interest in Mitakshara coparcenary with respect to provisions of the Hindu Succession Act, 1956.

Q.2. Explain the changes brought about by the Hindu Succession Act, 1956, in existing customary law.

Q.3. State the rules as to the Succession to the property of a Hindu male dying intestate.

Q.4. State the rules as to the Succession to the property of a Hindu female dying intestate.

Q.5. What are the general provisions in relation to Succession among Hindus.

Q.6. What are the disqualifications for heirs among Hindus.

Q.7. Write an essay on Marumakkttayam and Aliyasantana Laws.

SHORT NOTES

Disqualifications for heirs.
‘Notional Partition’.
Joint Tenancy and tenancy in common.
Presumption in case of simultaneous deaths.
Class II heirs and their share under Hindu Succession Act. 1956.
Class I heirs.

SYNOPSIS

I] INTRODUCTION

II] HINDU SUCCESSION ACT, 1956

Historical background and Changes brought about by the Hindu

Succession Act,

Applicability-
Right of female.
Impartible estate.
Succession to the property, Married under Special Marriage Act, 1954.
Concept of the coparcenary.
The order of Succession.
The Act entities even the remotest agnate or cognate to be the heir.
The Act makes no distinction between male and female heirs.
Changes in the Matriarchal system.
Uniform order of Succession.
Uniformity in application.
Order of Succession of agnates or cognates.
Abolition of Hindu Women’s limited estate.
Uniform order of Succession for female.
The full blood shall exclude the half blood.
Rule of per capita.
The right of child in womb.
Right of pre-emption.
Women’s right of residence.
Murderer and widow re-marrying.
Converts descendants.

III. DEVOLUTION OF INTEREST IN MITAKSHARA COPARCENARY PROPERTY (S. 6).

A) General Rule-

Exception-

B) Notional Partition / Computation of interest of the deceased coparcener
(Explanation 1)-
DEVOLUTION OF INTEREST IN THE PROPERTY OF TARWAD, TAVAZHI, KUTUMBA, KAVARU OR ILLOM (S. 7 AND 17).
SUCCESSION TO THE PROPERTY OF HINDU MALE DYING INTESTATE (Ss. 8 to 13)
A) Devolution of the property of Hindu dying intestate (S. 8).
B) Order of Succession among heirs in the Schedule (S. 9).
C) Distribution of property among Class I heirs (S.10).
D) Distribution of property among Class II heirs (S.11).
E) Distribution of property among Agnates and Cognates (S.11).
a) Classification of agnates and cognates-

Classification of Agnates-

i) Descendant Agnates-
ii) Ascendant Agnates.

iii) Collateral Agnates-

Classification of cognates-

i) Descendant Cognates,
ii) Ascendant Cognates, and

iii) Collateral Cognates.

F) Government: Escheat-
SUCCESSION OF THE PROPERTY OF A HINDU FEMALE (S.14 –16).
A) Property of a female Hindu to be her absolute property (S. 14).
B) Rules of Succession of the property of female (S. 15).

(a) Where property is inherited from her father or mother-

(b) Where property is inherited from her husband or from her father- in-law.

C) Order of Succession (S. 16).

VII. GENERAL PROVISIONS RELATION TO SUCCESSION.

Full blood preferred to half-blood (S. 18)-
Mode of Succession to two or more heirs (S.19)-

Joint tenancy and tenancy in Common-

Right of a child in womb (S. 20)-
The presumption in case of simultaneous death (S.20).
Preferential right or right of preemption (S. 22)-
Right of residence recognised (Partition of dwelling house) (S.23).

VIII. DISQUALIFICATIONS FOR HEIRS (Ss. 24-28).

Disqualification arising from re-marriage (S. 24).
Murderer (S. 25).
Conversion (S. 26)-
Disease, Defect or Deformity are not disqualifications (S. 28)-

Effect of disqualification (S. 27).

I] INTRODUCTION:-

Inheritance or Succession[1] is the process by which a person becomes entitled to the interest in a deceased person’s property. In other words, the law of inheritance deals with the rules relating to the devolution of property on its owner’s death (if the deceased has not disposed of his property by making a will). Here, we are concerned with the distribution of property when a person dies intestate and not when he dies by making a will (i.e. testamentary Succession). Hindu law is a personal law of Hindus. Like other religions, the personal law carried with customs and usages governed Hindus. However, the process of codification in Hindu law started in 1937. The Hindu Women’s Right to Property Act of 1937 was the first Hindu law drafted. Then, other enactments took place in Rau’s Committee report (in 1941). Hindu Marriage Act, 1955; Hindu Succession Act, 1956; Hindu Minority and Guardianship Act, 1956; and Hindu Adoptions and Maintenance Act, 1956 are some of the enactments made in Hindu law. The rest of the Hindu law is still governed by custom and usage.

II] HINDU SUCCESSION ACT. 1956[2]:-

Historical background and Changes brought about by the Hindu Succession Act:-

Following are some of the basic changes brought about in existing customary succession by the Hindu Succession Act (hereinafter, for the sake of convenience, called ‘the Act’).

1) Applicability[3]:-

The Act applies to all Hindus, Buddhists, Jains and Sikhs but not Muslims, Parsis, Christians and Jews. It has been further extended even to those persons, one of whose parents is a Hindu, Buddhist, Jain and Sikh and who is brought up as a Hindu. (S. 2).

2) Right of Female[4]:-

One of the Act’s most essential features is that the right of a Hindu female to inherit property has been fully recognised, and she has been made entitled to a share equal to that of male heirs. Women’s limited estate concept has been abolished, and whatever property has been or shall be inherited by a Hindu female will be or shall be her absolute property. The Act has given Hindu females an important place in the classification of heirs. Amendments in it have made women coparcener.

3) Impartible Estate[5]:-

The Act has abolished impartible (cannot be partitioned) estate and the particular mode of its Succession. [S. 5].

4) Succession to the property of a person Married under the Special Marriage Act. 1954:-

The Act does not apply to the property of a person who has contracted marriage under the provisions of the Special Marriage Act of 1954. [S. 5].

5) Concept of Coparcenary[6]:-

The concept of coparcenary has changed in the sense that succession to the coparcenary property is governed by the rule of survivorship[7]. In this rule of survivorship, the female heirs had no interest in the property on the death of a male heir; the property would devolve upon the rest of the male members of the coparcenary. Under the Act, the rule of survivorship has a limited application. The Act provides four categories of heirs, the first of which is Class I heirs, consisting of eight female and four male heirs. The proviso to S. 6 provides that in case a coparcener (male heir) dies intestate, leaving his coparcenary interest, such left interest shall not devolve according to the rule of survivorship but as per the provisions of this Act, i.e. class I heirs would come forward to inherit, which shall include female heirs also. Thus, the sanctity of the rule of survivorship has been diluted.

6) The order of Succession[8]:-

The order of Succession provided by the Act is based on the concept of love and affection. The rule of preference is based on the right to offer pinda or propinquity[9] of blood is discarded by the Act.

Under the Act, this classification of heirs is abolished, and the Act divides heirs into four classes or categories, viz., (a) heirs of Class I, (b) heirs of Class II, (C) agnates, and (d) cognates.

7) The Act entitles even the remotest agnate or cognate to be the heir[10].

8) The Act makes no distinction between male and female heirs.

9) Changes in the Matriarchal system[11]:-

The Act has repealed provisions of different Acts relating to Succession under the Matriarchal system prevailing in the South. [S.7].

10) Uniform Order of Succession[12]:-

The Act has provided a uniform order of Succession governing the property of a male Hindu, with a few changes with respect to the Marumakkattayam and Aliyasantana Laws. [Ss. 8 and 17].

11) Uniformity in Application[13]:-

The Act has dispensed with the rules of Succession prevailing under Mitakshara and Dayabhaga law and provided a uniform code for determining rules of Succession.

12) Order of Succession of agnates or Cognates[14]:-

As the case may be, the order of Succession of agnates or cognates is according to the degrees [S. 12], and they are computed according to the rules therein. [S. 13].

13) Abolition of Hindu Women’s Limited Estate[15]:-

The Act abolished Hindu women’s limited estate and made them absolute owners of property, even properties under their lawful possession on the commencement of the Act [S. 14].

14) Uniform order of Succession for Female[16]:-

The Act has provided a uniform order of succession for the property of a female Hindu. If a woman dies intestate, her children will become her first heirs, followed by her husband and parents. In the absence of any issue, property inherited from her father would revert to her family, and property inherited from her husband or father-in-law would revert to her husband’s heirs. [Ss. 16 and 17].

15) Full blood excludes half Blood:-

The full blood shall exclude the half blood where the relationship is the same in other respects. [S. 18].

16) Rule of Per-Capita:-

Where two or more heirs succeed to the property of an intestate, they shall take their share per capita and not per-strips and as tenants in common and not as joint tenants.

17) The right of the child in the Womb:-

The right following child in the womb at the intestate’s death and subsequently born alive shall relate to the date of the intestate’s death.[S. 20].

18) Right of Preemption:-

Where property of an intestate devolves upon two or more heirs and any one of them proposes to transfer his or her interest, the other heirs shall have a preferential[17] right to acquire it, i.e. the Act recognises the so-called right of preemption. [S. 22).

19) Women’s right of Residence:-

The Act gives an unmarried woman, a widow, or a woman deserted by or separated from her husband the right of residence in her father’s home. [S. 23].

20) Murderer or widow Re-Marrying:-

Murderers or widows re-marrying on the date of Succession are not entitled to succeed to the property of the person murdered and the widow’s relatives.

21) Converts Descendants[18]:-

Converts’ descendants are disqualified from inheriting the property of their Hindu relatives. [S. 26]. It is interesting to note that, the Act does not disqualify convert but his decendents.

III] DEVOLUTION OF INTEREST IN MITAKSHARA COPARCENARY

PROPERTY (S. 6):-

Mitakshara School recognises two modes of property devolution: survivorship and Succession. The rule of survivorship applies to joint-family property, whereas the rule of Succession applies to separate and self-acquired property. Therefore, in Mitakshara coparcenary, it is necessary to distinguish ancestral and non-ancestral properties.

The rule of devolution of coparcenary interest of a Mitakshara Coparcener (S. 6):-

6. Provides that when a male Hindu dies after the commencement of this Act, having at the time of his death an interest in a Mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members[19] of the coparcenary and not in accordance with this Act:

Provided that, if the deceased had left his surviving female relative specified in Class I of the Schedule or a male relative (specified in that Class who claims through such female relative), the interest of the deceased in the Mitakshara coparcenary property shall devolve by testamentary or intestate Succession, as the case may be, under this Act but not by survivorship.

Explanation 1:- For the purposes of this section, ‘the interest of a Hindu Mitakshara coparcener’ shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not.

Explanation 2:- Nothing contained in the proviso to this section shall be construed as enabling a person who has separated himself from the coparcenary before the death of the deceased or (any of his heirs) to claim on intestacy a share in the interest referred therein.

A) General Rule:-

This section proceeds with the general rule of devaluing interest in Mitakshara property by retaining the old rule of succession. It provides that whenever a male Hindu has an interest in a Mitakshara coparcenary property and dies after the commencement of this Act, his interest in the property shall devolve by the Mitakshara rule of survivorship[20] and not by this Act.

Exception:-

However, the exception is provided by the proviso to this section. It lays down that-

a) When a Mitakshara coparcener dies, leaving behind a female heir of Class I, a male heir, or a male heir claiming through a female heir[21], the interest will devolve according to the testamentary or intestate succession under this Act.

This proviso is an exception to the traditional rule of devolution of property by survivorship. We hardly ever get a situation wherein there is no female or male heir claiming through the female heir. In this situation, the devolution of the property takes place according to the testamentary Succession under S. 30 or intestate Succession under S. 8 of this Act.

b) Explanation 2 of the section provides another exception: a son who has been divided before intestate will not get any share of the property left by his father.
B) Notional Partition[22] / Computation of interest of the deceased coparcener (Explanation 1):-

For the purposes of this section, the interest of a Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not (Explain. 1).

This Explanation I, incorporates the concept of a notional partition. The notional partition is merely a device for demarcating the interest of the deceased coparcener. The formula is, had there been an actual partition immediately before the coparcener died, what share would he have got? In other words, shares are to be allotted (though notionally) to all persons who would have been entitled to a share on an actual partition. Based on this allotment, we get the share of the deceased coparcener. It is this share that will go by inheritance.

Illustration

A Mitakshara joint family consists of A, his two sons, B and C and a son, BS, and a daughter, BD of B. Suppose B dies. Since he leaves behind BD, a female in Class I, his interest will devolve by succession. If partition had taken place during B’s lifetime, he would have got 1/6 share based on the per-stripes rule, A would get 1/3, C would get 1/3, and B’s branch would get 1/3. In his branch, it will go per capita. Since the daughter does not take a share, on the partition, B and BS will take 1/2 of 1/3, i.e. 1/6 each. In the notional partition, we start with the assumption that B is alive. After demarcating B’s share, we forget about partition and note that B is dead, and his 1/6 interest, as demarcated by the notional partition, will go by succession. (A, C or BS do not get any share. They continue to remain joint in the remaining 5/6).

The next step is to divide 1/6 among B’s heirs following the Hindu Succession Act of 1956. A is his father, who is in Class II, C is his brother, who is also in Class II, and BS and BD are his son and daughter, who are in Class I. Thus, 1/6 of B’s share will go to BS and BD, who will take one share each, i.e. each will get 1/12.

The Hindu Succession Act, S. 6. amendment was carried to bring uniform law in the whole of India, irrespective of their schools like Mitakshara, Dayabhaga, etc. The amendment makes a daughter, irrespective of her date of marriage, a coparcener; being a coparcener, she can also ask for partition.

IV] DEVOLUTION OF INTEREST IN THE PROPERTY OF TARWAD, TAVAZHI, KUTUMBA, KAVARU OR ILLOM (S. 7 AND 17).

The Marurnakkatayam system prevails in the States of Travancore Cochin and Malabar, and the Aliyasantana system prevails in Karnataka and Canara. These are matriarchal systems. These systems stress their ancestors through the female line.

The joint family in this Marumakkatayam system is called a Tarwad. It is a juristic entity representing the group. It consists of females and their female descendants since women are the stock of descent in the matriarchal system. A deceased female member is represented by her daughters. Just as there is a coparcenary within a coparcenary in the Mitakshara joint family, a Tarwad may be composed of Tavazhis or branches. A Tavazhi is part of a Tarwad, and it consists of a female, her children and descendants in the female line. A Tavazhi may have a separate property of its own. The significant feature of the Tarwad is that its female members continue in the same Tarwad even after marriage. The property is managed by a senior male member called the Karnavan. The property of the Tarwad was inalienable[23] except by the Karavan, who had limited power to alienate it for necessity.

The Kutumba and Kavaru of the Aliyasantana family correspond to the Tarwad and Tavazhi of the Marumakkatayam family. The Aliyasantana system differs from the Marumakkatayam system in a few aspects. In this system, the Tarwad may be managed by the eldest member (even if such member is female). This system was not applicable to Brahmins.

The Illom corresponds to Tarwad and is the expression Nambudris (Brahmins of Kerala) use.

STHANAM PROPERTY[24]:-

Sthanam (status) property is a property set aside for the use of the Karnavan to enable him to maintain the status of the Tarwad. It was passed on to the Karnavan’s successor.

Changes brought about by this Act:-

Under Sec. 7, each member of the Tarwad gets an alienable interest. His or her alienable share is determined by supposing that a partition is enforced and the property is distributed per capita. Without a will or prior alienation, the property devolves according to Ss. 14 to 17 under this Act. The right of survivorship in the Tarwad is thus extinguished. Sthanam’s property devolves as if the holder is the absolute owner. But only his share in the Sthanam property, determined based on a notional partition and per-capita division amongst the members of the Tarwad, devolves in the way mentioned below.

Succession to Marumakkatayam and Aliyasantana. (S. 17) :-

Succession to Property of Male:-

According to this substituted clause (in this section in S.8), agnates and cognates succeed together, and agnates do not have preference over cognates.

The amended order of inheritance as per this section is-

(1) Heirs in Class (I) in all 12 heirs.

(2) Heirs in Class (II) in all 23 heirs.

(3) Agnates and cognates.

Succession to Property of Female:-

The property of a female Hindu dying intestate shall devolve in the following order (For clauses (a) to (e) sub-section (1) of Sec. 15, the following had been substituted, namely)-

(a) Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the mother;

(b) Secondly, upon the father and the husband;

(d) Fourthly, upon the heirs of the father; and

(e) Lastly, upon the heirs of the husband.”;

(iii) Clause (a) of sub-section (2) of Sec. 15 had been omitted;

(iv) S. 23 had been omitted.

V] SUCCESSION TO THE PROPERTY OF HINDU MALE DYING INTESTATE[25] (Ss. 8 to 13)[26].

A) Devolution of the property of Hindu Dying Intestate (S. 8):-

Property of a male Hindu dying intestate shall devolve-

(a) firstly, upon the heirs who are mentioned in Class I of the Schedule to the Act;

(b) secondly, if there is no heir of Class I,- then upon the heirs mentioned in Class II of the Schedule;

(d) lastly, if there is no agnate,- then upon the cognates[28] of the deceased.

The Schedule (Appendix III) to the Act mentions a list of relatives falling under Class I and Class II. Thus, twelve relatives like the son, daughter, widow and mother, find place in Class I[29]. Whereas other relations like the father, brother and sister fall under Class II[30].

In Smt. Manshen V/s Tej Ram[31]

The Supreme Court has held that the words ‘dying intestate’ cover two situations: (i) dying without any will at all or (ii) dying after having made an invalid will.

Before the passing of the Act, the Mitakshara School recognised three classes of heirs, viz., (a) Gotraja Sapindas, (b) Samanodakas, and (c) Bandhus. Likewise, the Dayabhaga School recognised three classes of heirs, viz. (a) Sapindas, (b) Sakulyas, and (c) Bandhus. However, under this Act, the above classification of heirs is abolished, and the Act divides heirs into four classes or categories, viz., (a) heirs of Class I, (b) heirs of Class II, (C) agnates, and (d) cognates.

Distinction between Ss. 6 & 8:-

6 is applied to the devolution of coparcenary property of a male Hindu who dies after the commencement of the Act. S. 8 is applied to the devolution of the self-acquired property of a male Hindu.
B) Order of Succession among heirs in the Schedule (S. 9):-

Among the heirs specified in the Schedule, those in Class I shall take simultaneously and to the exclusion of all other heirs; those in the first entry in Class II shall be preferred to those in the second entry; those in the second entry shall be preferred to those in the third entry; and so on in Succession.

Class I heirs exclude all other heirs; therefore, they are called ‘preferential heirs’[32]. In the absence of Class I, Class II shall be preferred. But there are nine entries in Class II, and the first will exclude the second and so on. Likewise, in the absence of Class II heirs, Agnates shall prevail and so on.

C) Distribution of property among Class I Heirs (S.10):-
10 defines the share that the heirs in Class I of the Schedule shall get even though they take simultaneously (at a time). It provides the following four property distribution rules among Class I heirs.

Rule I- The intestate’s widow, or if there are more widows than one, all the widows shall take one share together.

Illustrations

(i) A Hindu dies intestate, leaving a widow. The widow will take the whole.

(ii) In illustration (i), A dies, leaving two widows. Both widows together will take the whole, as that each widow will take half and half[33].

Rule 2:- The surviving sons and daughters and the mother of the intestate shall each take one share. Thus, the division is to be per capita.

Illustrations

(i) A Hindu dies intestate, leaving four sons and three daughters only. According to this rule, the property shall be equally distributed among these heirs, i.e., each son and daughter will take 1/7 of the property[34].

Share of adopted Son and Posthumous (i.e. after-born) Sons:-

The rule makes no distinction between an adopted son and a subsequently born aurasa son. Each of them is entitled to one share, and the old rule of Hindu Law that the adopted son takes less share than the after-born son is overridden by S. 4 of the Act.

Rule 3:- The heirs in the branch of each predeceased son[35] or each predeceased daughter of the intestate shall take between them one share. In other words, they take per-stripes and not per-capita[36].

Rule 4:- The distribution of the share referred to in Rule 3,-

(i) Among the heirs in the branch of the predeceased son shall be so made that his widow (or widows together) and the surviving sons and daughters get equal portions, and the branch of his predeceased sons gets the same portion;

(ii) Among the heirs in the branch of the predeceased daughter shall be so made that the surviving sons and daughters get equal proportion..

Illustrations (to Rule 4 I)

A dies, survived by a widow W, a son S, three grandsons of a predeceased son SS, a daughter D, and two granddaughters of a predeceased daughter DD. W, S and each take 1/5th share, and each daughter’s daughter gets 1/10th share, and the sons and daughter of pre-deceased son SS will together take 1/5, which will be equally divided among GS³, GS² and CS³. And each will get a 1/15 share.

W= 1/5

S=1/5 D=l/5 SS=l/5 DD=l/5
(Dead) (Dead)

GS¹ GS²GS³GD¹ GD²

1/15 1/15 1/15 1/10 1/10

D) Distribution of Property among Class II Heirs (S.11):-

Heirs in Class II in the Schedule succeed only in the absence of any heirs in Class I [S. 8 (b)]. In Class II, there are nine entries and heirs in entry one shall be preferred to those in the second entry; those in the second entry shall be preferred to those in the third entry; and so on in Succession (S. 9). All heirs in one category take simultaneously between them and take per-capita (S11). Because numerals have been used in some categories, such as in categories II, III and IV, it does not indicate any preference of heirs in an earlier numeral over the heir in the subsequent numerals. Thus, in category II, the son’s daughter’s son bears the numeral (1); it does not mean that the son’s daughter in numeral (2), brother in numeral (3), or sister in numeral (4) will be excluded.

Class II heirs.

(i) Father.

(ii) (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.

(iii) (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s daughter’s son, (4) daughter’s daughter’s daughter.

(iv) (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) 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.

Explanation: In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood.

Illustration

(i) A, a male Hindu, dies, leaving behind their father, brother and sister’s daughter. Father gets the whole property as an heir in entry (i) of Class II, and he excludes the brother and sister’s daughter, who are in entry II and IV, respectively.

(ii) The intestate has left behind (1) daughter’s son’s daughter. (2) daughter’s daughter’s son, (3) daughter’s daughter’s daughter, (4) brother’s son, (5) father’s father. Heirs 1 to 3 belong to entry III, fourth is from entry IV and fifth is from V. Therefore, heirs in entry III shall be preferred, and claimants 1 to 3 shall take the property in equal share, each getting 1/3.

E) Distribution of property among Agnates[37] and Cognates[38] (S.11)

According to S. 8, Class I heirs will be preferred over the rest of the classes. Class II will prevail over Agnates. Agnates will be preferred over Cognates.

1) Classification of Agnates and Cognates:-

Classification of Agnates:-

When a person traces his relationship to the intestate wholly through males, he is an agnate; his sex or the sex of the intestate does not matter. Agnates may be classified into three classes, as follows.

a) Descendant Agnates:-

Descendant Agnates are offspring of the intestate, including offspring/children of any degree of descent. In other words, descendants are those falling in a straight line down from the interstate. Diagram- [P]

(S)

(SS)

(SSS)

SSSD SSSS

In Diagram S. SS, SSS, SSSD, and SSSS are all descendant agnates, and S, SS, and SSS are in Class I. We are not concerned with them because we have already studied the distribution of property among Class I heirs. However, SSSD and SSSS are the agnates not included in Class I or II; we are concerned with them here. For descendant agnates, there is no limit to degrees, however remote they may be. Thus, all descendants of SSSS through males will also be descendant agnates. Descendants have only degrees of descent.

b) Ascendant Agnates:-

Ascendants[39] are the ancestors of the deceased, including the ancestors of parents up to any degree of ascent. In other words, Ascendants are those falling in a straight line up from the intestate. If we make the above diagram opposite, thereby counting up from P, then S will be his ancestor, SS will be the parent of S and so on.

c) Collateral Agnates:-

Collateral are descendants in the parallel lines from a common ancestor. They may either be on the maternal or paternal side. However, collateral agnates may be only on the paternal side. Collateral has both degrees of ascent and descent. Collateral is related to intestate through a common ancestor, e.g. paternal uncles; he is related to the intestate through his father, and therefore, he is agnate collateral. Meanwhile, the maternal uncle is related to the intestate through the mother since he is The collateral of Cognate.

Classification of cognates-

A cognate is one related to the intestate through one or more females. It is classified on the same basis as agnates. Viz.

i) Descendant Cognates,
ii) Ascendant Cognates, and

iii) Collateral Cognates.

2) The rule of preference and distribution between agnates and cognates:-

12 provides that the priority rules applicable to agnatic or cognate Succession are the same. They are as follows:
i) Descendants are preferred to all the others. Among descendants, the heir with fewer degrees of descent will be preferred.
ii) Ascendants are preferred to collaterals. Among ascendants, the one with fewer degrees of ascent will be preferred.

iii) Among collaterals, when the number of degrees of ascent is the same, the heir with fewer degrees of descent will be preferred.

iv) When these rules do not settle priority, the claimants will take them simultaneously.

Rules in this section do not determine the order of priority between an agnate and a cognate, for the nearest cognate relation of the intestate is excluded by his remotest agnate relation.

Here, agnates and cognates as heirs are those agnates and cognates who are not included in Class I and Class II heirs. Those agnates and cognates who have already found a place among Class I and Class II heirs inherit the property in accordance with the order of inheritance laid down for Class I and Class II heirs.

F) Government: Escheat[40]:-

If a Hindu male has no heirs under all the preceding four heads, the Government takes the property as an heir. When the Government takes his property as an heir, it takes the subject with all the obligations and liabilities of the intestate. This is known as escheat.

VI] SUCCESSION OF THE PROPERTY OF A HINDU FEMALE (S.14 to 16):-

A) Property of a female Hindu to be her absolute property (S. 14):- Under the Hindu Law, before the commencement of the Act, separate rules existed for the devolution of a woman’s property. Prior to the Act, a female Hindu possessed two kinds of property: (1) Stridhan, and (2) Hindu Women’s Estate. Over Stridhan, she had full ownership, and on her death, it used to devolve on her heirs. With regard to the property, which she acquired as a woman’s estate, her position was that of the owner, but her power of alienation was limited. On her death, such property used to devolve not on her own heirs but upon the next heirs of the last full owner. But now, S. 14 of the Act abolished the Hindu women’s limited estate and conferred on the woman absolute ownership over all her properties, howsoever acquired by her. S. 14 of the Act runs as follows:

Section 14.-”(l) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.”

Explanation.-In this subsection, “property” includes both movable and immovable property

a) acquired by a female Hindu by-
i) inheritance[41], or
ii) at a partition, or in lieu of maintenance[42], or

iii) arrears of maintenance[43], or

iv) by gift from any person, whether a relative or not, before, at or after her marriage, or
v) by her own skill or expertise[44], or
vi) by purchase, or

vii) by prescription[45], or

vii) by any other manner whatsoever[46], and

b) Also any such property held by her as stridhan immediately before the commencement of this Act.

(2) Nothing contained in sub-section (1) shall apply to any property-

i) acquired by way of gift, or
ii) under a will[47], or

iii) any other instrument[48], or

iv) under a decree, order of a Civil Court[49], or
v) under an award where the gift, will or other instrument or decree[50], order or award prescribe a restricted estate in such property.”

In Ermma V/s Veerupana[51]

Held:– the object of S. 14 is to benefit Hindu females by enlarging their limited interest to absolute interest in the property inherited or held by her. This section applies with retrospective effect.

In Jose V/s Ramkrishnan Nair

AIR 2004 Ker. 16

Kerala High Court held that the expressions ‘female Hindu’ and ‘any property possessed by a female Hindu’ under S. 14 include the daughter, and therefore, the limited interest of the daughter in property would be enlarged to full right after the commencement of this Act.

B) Rules of Succession of the Property of a Female[52] (S. 15):-

This section lays down the general rules and order of Succession among heirs, whereas S. 16 lays down the manner (share) of distribution of the property of a Hindu female.

15 lays that the property of a female Hindu shall devolve upon heirs in the following order-

(a) Firstly, upon the sons and daughters (including the children of any predeceased son or daughter) and also the husband[53];

(b) Secondly, upon the heirs of the husband[54];

(d) Fourthly, upon the heirs of the father[55]; and

(e) Lastly, upon the heirs of the mother[56].

However, the above order will not apply in the following cases[57]–

a) Where property is inherited from her father or mother[58]–

Any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any predeceased son or daughter), not upon the other heirs referred to in subsection (1) in the order specified therein, but upon the heirs of the father; and

b) Where property is inherited from her husband or her father-in-law[59].

Any property inherited by a female Hindu from her husband or her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children or any predeceased son or daughter), not upon the other heirs referred to in the section (1) in the order specified therein, but upon the heirs of the husband.

In Ram Sanehi V/s District Judge[60]

Held:- The words ‘son’ and ‘daughter’ of the deceased in Section 15(2)(b) of the Act can only mean a son or daughter of the female, dying intestate, born to her of any husband, former or later. The definition includes even illegitimate children. However, this does not include stepchildren who cannot inherit their stepmother.

C) Order of Succession[61] (S. 16):-
16, provides that the order of Succession and manner of distribution of the intestate’s property shall take place according to the following rules-

Rule 1:- Among the heirs specified in sub-section (1) of Sec. 15, those in one entry shall be preferred to those in any succeeding entry, and those included in the same entry shall take simultaneously[62].

Rule 2:- If any son or daughter of the intestate had pre-deceased the intestate, leaving his or her own children alive at the time of the intestate’s death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate’s death.

Rule 3:- The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and (e) of sub-section (1) and in sub-section (2) of Sec. 15 shall be in the same order and according to the same rules as would have applied if the property had been the father’s or the mother’s or the husband’s, as the case may be, and such person had died Intestate in respect thereof immediately after the intestate’s death.

VII] GENERAL PROVISIONS IN RELATION TO SUCCESSION[63]:-

Ss. 18 to 23 lay down some general principles relating to Succession. These rules apply to all types of Succession, i.e. intestate succession in case of female or male death. These provisions lay down not only explanatory but also substantive rules.

1) Full-blood prefer to Half-Blood (S. 18).

Heirs related to an intestate by full-blood[64] shall be preferred to heirs related by half-blood[65], if the nature of the relationship is the same in every other respect.

2) Mode of Succession to two or more Heirs[66] (S.19):-

When two or more heirs succeed to the property of an intestate, they take the property per-capita and not per–stripes[67] and as tenants-in-common and not as joint tenants unless there is an express provision to the contrary.

Joint Tenancy and Tenancy in Common:-

Joint tenancy is the ownership of property in common by several persons with a survivorship right. On the death of one of the joint tenants, the property vests[68] in the survivor or survivors to the exclusion of the heirs of the deceased joint tenant. Tenancy-in-common arises when two or more persons are entitled to property in such a manner that they have an undivided possession but distinct estate (i.e. title) in equal or unequal shares. No one is entitled to the exclusive possession of any part of the property, each being entitled to whole in common with the others. On the death of any of them, his heirs succeed to the property left by the deceased. In short, joint tenancy means joint ownership[69] with the right of survivorship, and tenancy-in-common means joint possession with separate ownership without the right of survivorship[70].

3) Right of a child in Womb (S. 20):-

S.20 provides that a child who is subsequently born alive has the same right to inherit the intestate’s property as if he or she had been born before the intestate’s death.

A child in the mother’s womb is presumed to be born before the death of the intestate, although subsequently born.

4) The presumption in case of simultaneous death[71] (S.20):-

‘Where two persons have died in the circumstances rendering it uncertain whether either of them and if so which, survived the other, then for all purposes affecting succession to property, it shall be presumed, until the contrary is proved, that the younger survived the elder.” Suppose two persons die in an accident, an air crash, a road accident, a tram collision, a fire, an earthquake, or floods, etc., and it cannot be established which of them died first; this section lays down a rule of a presumption that younger should be deemed to have survived the elder. For instance, a father, F and a son, S, die in an air crash. S will be presumed to have survived F. This means that F’s property will pass to S, and the property of F, thus coming by Succession to S, will go to S’s heirs. Younger means younger in a relationship. For instance, an uncle A and a nephew N died together in an earthquake. N was aged 20, and A was aged 15. It will be presumed that N survived A. However, if the relationship is the same, younger people will be presumed to have survived the elders.

5) Preferential right or right of pre-emption[72] (S. 22):-

22 introduces the right of pre-emption of co-heirs. It lays when heirs simultaneously succeed to immovable property or business of a Hindu male as Class I heirs, and if any of the heirs wants to dispose of his or her share in the immovable property or business, the other heirs will have a preferential right to acquire that share. The price of such property may be agreed upon between the co-heirs. If they fail to arrive at an agreement, the court may fix the price on the application of any party. If more than one heir wants to purchase the interest, the one who offers the highest price will have the right to purchase it. If the property is sold without making an offer to co-heirs, the transfer is Voidable at the instance of any co-heirs.

6) Right of residence Recognised (Partition of dwelling house)[73] (S.23):-

23 of the Act makes provisions for the dwelling house that the heirs of Class I inherit. The section lays down that where a Hindu intestate has left surviving him, or her both male and female heirs specified in Class I of the Schedule and his or her property includes dwelling-house wholly occupied by members of his or her family, then notwithstanding anything contained in this Act, the right of any such female heir to claim partition of the dwelling-house shall not arise until the male heirs choose to divide their respective shares therein. Still, the female heirs shall be entitled to a right of residence therein provided that where such female heir is a daughter, she shall be entitled to a right of residence in dwelling house only if she is unmarried or has been deserted by or has separated from her husband or is a widow. However, now, by recent amendments, she can ask for partition of the dwelling house irrespective of the above hurdles.

VIII] DISQUALIFICATIONS FOR HEIRS[74] (Ss. 24-28):-

Ss. 24 to 26 lay down some grounds for disqualifying heirs from succeeding in the property of intestate. S. 27 lays out the effect of disqualification. Whereas S. 28 provides what is not disqualification (e.g. disease, defect or deformity).

1) Disqualification arising from Re-Marriage[75] (S. 24):-

The following three types of widows will be disqualified on the grounds of re-marriage, provided they should have remarried before the opening of the succession. They are namely- son’s widow, son’s son’s widow, and brother’s widow. The widowed mother[76] and widowed stepmothers are not disqualified from inheritance even if they have remarried.

2) Murderer (S. 25):-

25 disqualifies a murderer from inheriting the property of the person murdered. S. 25 runs as follows:

A person who commits murder or abets the commission of murder shall be disqualified from inheriting the property of-

i) the person murdered, or
ii) any other property in furtherance of the succession to which he or she committed or abetted the commission of the murder.”

The murderer should be treated as non-existent and not as one who forms the stock for a new line of descent.

The disqualification on the ground of murder is not only confined to inheritance to the property of the person murdered but also extends to any other property to which he or she is entitled to succeed on account of the murder by him or her as the preferable heirs. For example, A has two sons, B and C. Here, B does not murder A but abets C to murder A. In such a case, not only would C be excluded from inheriting A’s property, but B would also be excluded. In Minoti V/s Sushil Mohan Singh[77]

Bombay High Court held– that the word ‘murder’ as used in S. 25 of the Hindu Succession Act must be construed in its popular sense and not in its technical sense as defined in the Indian Penal Code and would include culpable homicide or unlawful manslaughter[78].

3) Conversion[79] (S. 26):-

This section prescribes disqualifications for descendants of Hindus who have converted to another religion.

Illustration

Thus, where A died leaving three sons, B, C and D, and B had accepted Islam during the lifetime of A, on the death of A, B, C and D would equally take one share each, i.e. 1/3 of the property left by A. B is not disqualified from inheriting the property of A even though he had embraced[80] Islam and is no longer a Hindu. The reason is that under Section 26, the convert is not disqualified from inheriting.

However, the Caste Disabilities Act has taken out this disability.

4) Disease, Defect or Deformity are not Disqualifications (S. 28):-

Under the old Hindu Law, persons suffering from deafness, dumbness, lunacy, idiocy, leprosy, congenital and incurable blindness[81] and other incurable diseases were excluded from inheritance. The Hindu Inheritance (Removal of Disabilities) Act of 1928 removed all these disqualifications except lunacy or idiocy from birth. By S. 28, this Act has declared that defect, disease, deformity, etc., shall not disqualify a person from inheriting the property. The only disqualification under the Act is that mentioned in Sections 24 to 26. The unchastity of a female heir also means no disqualification under this Act.

Effect of Disqualification (S. 27):-

This section provides that the property shall devolve as if the person disqualified had died before the intestate. Therefore, neither he nor any person claiming through him can succeed in property of intestate. A disqualified person’s heir can only succeed if the property has already been vested in him (i.e., a person disqualified).

*****

[1] वारसा हक्क [विरासत या उत्तराधिकार]

[2] हिंदू वारसा कायदा 1956 [हिंदू उत्तराधिकार अधिनियम। 1956]

[3] कोणास लागू [किसको कानून लगेगा]

[4] महिलांचा हक्क [महिला का अधिकार]

[5] वाटप न येणारी मालमत्ता [अविभाज्य संपदा]

[6] सहहिस्सेदारीची संकल्पना [[6] सहहिस्सेदारी की अवधारणा]

[7] उत्तरजीवीता

[8] वारसाहक्काची रित [उत्तरजीवी उत्तराधिकार का क्रम]

[9] सान्निध्य/जवळचा

[10] गोत्रज-सजातीय/एकच मूलस्थान असलेला

[11] मातृसत्ताक पद्धतीत बदल [मातृसत्तात्मक व्यवस्था]

[12] वारसाहक्काची समान रित [उत्तराधिकार का एकसमान क्रम]

[13] समानपणे लागू [आवेदन में एकरूपता]

[14] अॅग्नेट व कॉग्नेट यांच्या सारख्या हक्काची रित [गोत्र गोत्रों या बंधुओं के उत्तराधिकार का क्रम]

[15] हिंदू स्त्री मर्यादीत मालमत्ता नियम रद्द [हिंदू महिलाओं की सीमित संपत्ति का उन्मूलन]

[16] स्त्रीयांना समान वारसा हक्क [महिला के लिए उत्तराधिकार का एक समान क्रम]

[17] प्राधान्य

[18] धर्मांतर केलेले वारस [वंशजों को परिवर्तित करता है]

[19] जिवंत सदस्य [जीवित सदस्य]

[20] Devolution by survivorship g;kr vl.kkjkdMs fgLlk tk.;kpk fu;e@mRrjftohrk fu;e

.—According to the rule of survivorship when a member of coparcenary dies, his interest devolves on the other coparceners and not upon his heirs who are not coparceners. Thus in a Mitakshara coparcenary if there were three brothers and one of them died without a son, his interest devolved upon his brothers by survivorship and not upon his widow or daughter or daughter’s son as in the case of Dayabhaga family system. Thus under the doctrine of survivorship under which so long as the family remained undivided, the death of a member merely resulted in the augmentation of the shares of the other members who already had a share in the family property.

Illustration

A Mitakshara coparcenary consists of a father and three sons. The father dies. The three sons take the entire interest by survivorship resulting in the increase of each son’s share from 1/4th to 1/3rd. Where four brothers along with their father constitute a coparcenary, the interest of the father in the coparcenary property devolves according to the rule of survivorship, i.e., 1/5th share of the father shall devolve equally upon the brothers resulting in 1/4th share of each.

[21] The following are the female heirs male or female (or claiming through female) mentioned in class I, namely (1) Mother, (2) Widow, (3) Daughter, (4) Son, (5) Widow of a predeceased son, (6) Son of a predeceased son, (7) Daughter of a predeceased son, (8) Widow of a predeceased son of a predeceased son, (9) Daughter of a predeceased son of a predeceased son, (10) Son of a predeceased son of a predeceased son, (11) Daughter of a predeceased daughter, and (12) Son of a predeceased daughter.

[22] तर्काधिश्ठित/काल्पनिक वाटप [कल्पित विभाजन]

[23] अहस्तांतरणीय [अविच्छेद्य]

[24] घराण्याचे नाव चालविण्यासाठी/मोठया कामासाठी राखून ठेवलेली मिळकत [स्थानम संपत्ति]

[25] “INTESTATE”- A person is deemed to die intestate in respect of property of which he has died without making a will.

[26] A) Properties to which the Act does not apply (S. 5).

Except following properties the Act applies to all property of Hindu. In other words the succession in following properties does not take place as to the rules of this Hindu Succession Act.

Any property, succession to which is regulated by the Indian Succession Act, by reason of the provisions of S. 21 of the Special Marriage Act, 1954.
Any estate which descends to a single heir by the terms of any covenant or agreement entered into by the Ruler of any Indian State with the Government of India, or by the terms of any enactment passed before the commencement of this Act.
The Valiamma Thampuran Kovilagam Estate and the Palace Fund administered by the Palace Administration Board, by reason of the powers conferred by the Proclamation dated 29th June, 1949, promulgated by the Maharaja of Cochin.

[27] “AGNATE”- [सगोत्र ] पुरुशाच्या वतीने रक्तसंबंध अथवा दत्तक संबंध – उदा. बहिण-भाऊ

One person is said to be an agnate of another, if the two are related by blood or adoption wholly through males.

The word heir has been defined to mean any person, male or female, who is entitled to succeed to the property of an intestate under this Act.,

[28] “COGNATE”- [मातृपक्षी] स्त्रिच्या वतीने रक्तसंबंध अथवा दत्तक संबंध – उदा. मामाचा मुलगा

One person is said to be a cognate of another, if the two are related by blood or adoption, but not wholly through males.

[29] Class I Heirs

In class I, we have following enumeration of heirs (1) Mother, (2) Widow, (3) Daughter, (4) Son, (5) Widow of a predeceased son, (6) Son of a predeceased son, (7) Daughter of a predeceased son, (8) Widow of a predeceased son of a predeceased son, (9) Daughter of a predeceased son of a predeceased son, (10) Son of a predeceased son of a predeceased son, (11) Daughter of a predeceased daughter, and (12) Son of a predeceased daughter.

[30] Class II heirs.

(i) Father.

(ii) (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.

(iii) (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s daughter’s son, (4) daughter’s daughter’s daughter.

(iv) (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) 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.

Explanation.—In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood.

[31] (1980 S.C.C. 367).

[32] प्राधान्यक्रमाचे वारस [अधिमान्य उत्तराधिकारी]

[33] (iii) In illustration (ii) A dies leaving two widows and one son. Widows together will take 1/2 i.e., each widow will get 1/4 and the son will get 1/2, 50 that the share of the two widows together is equal to that of the son. The share which the widow gets, is her absolute property. Two or more widows take the property as tenants-in-common and not as joint tenants and on the death of one widow; her portion devolves on her heirs and not to the surviving widow.

[34] (ii) A Hindu dies leaving his son, a daughter, mother and father. Son, daughter and mother each will take 1/3 to the exclusion of father, who is heir of Class II.

(iii) A dies leaving a mother, two widows, three sons and three daughters. Two widows together shall take one share and each son and daughter and mother shall take one share. So there are 8 shares. Each son, daughter and mother and widows together shall take 1/8 of the property. Now each widow shall take 1/16.

[35] अगोदर मृत मुलगा [पूर्व मृत बेटा]

[36] Per capita- when the number of individuals take the property in equal shares, they are called to take it per capita. E.g. X lives behind him his son y and two grandsons of his pre-deceased son Z and B. When the property is divided equally among them all in one share each, the distribution is per capita (i.e. per head).

Per-stripe- when the prop is distributed according to stocks or branches and not according to the number of individuals, they are called taking per strip. E.g. if in above case the property is first divided in two sons of X i.e. Y and- Pre deceased son into two equal parts, then Y will take ½ and remaining ½ will be equally distributed among two sons of Pre-deceased son, i.e. Z and B. It is distribution per stripe.

[37] “AGNATE”- गोत्रज [पितृपक्षी]

One person is said to be an agnate of another, if the two are related by blood or adoption wholly through males.

The word heir has been defined to mean any person, male or female, who is entitled to succeed to the property of an intestate under this Act.,

[38] “COGNATE”- भिन्न गोत्र [मातृवंशी]

One person is said to be a cognate of another, if the two are related by blood or adoption, but not wholly through males.

[39] पूर्वज

[40] जेव्हा कोणीही मालक नसतो तेव्हा मालमत्ता मूळ मालक म्हणजे सरकारकडे जाते [लावारिस राजगामी संपत्ति]

[41] वारसा [विरासत]

[42] पोटगी किंवा वाटणी [भरण पोषण/ रखरखाव]

[43] थकीत पोटगी [रखरखाव का बकाया]

[44] स्वकर्तृत्वाने कमावलेली मालमत्ता

[45] वहिवाट हक्क/चालू वहिवाटीने मिळालेली

[46] इतर कोणत्याही मार्गाने आलेली [जो भी मार्ग से आया हुआ]

[47] मृत्तुपत्राने [एक वसीयत के तहत]

[48] इतर मार्गाने [कोई अन्य साधन]

[49] दिवाणी न्यायालयाच्या हुकूमाव्दारे [एक डिक्री के तहत, एक सिविल कोर्ट के आदेश]

[50] इतर निवाड/निकाल

[51] 1966 2 SCR 626.

In Naresh Jha V. Rakesh Kumar Jha (AIR 2004 Jharkhand 2).

Facts- A male Hindu dies leaving behind a widow and 2 sons. The death of intestate occurred prior to coming into force of Hindu Women’s Rights to Property Act, 1937, (the Act which gave share to woman in coparcenary property, prior to this Act, the woman had no any share in coparcenary property).

Court Held- that his property would devolve upon his two sons in equal shares. The widow will get nothing.

[52] स्त्री मालमत्ता वारसा-हक्क नियम [स्त्री की संपत्ति के उत्तराधिकार के नियम]

[53] मुलगा, मुलगी, नवरा

[54] नव-याचे वारस

[55] वडिलांचे वारस

[56] आईचे वारस

[57] Notwithstanding anything contained in sub-section (1).

[58] आई-वडिलाकडून आलेली मालमत्ता (वारसा हक्काने) [जहां संपत्ति उसके पिता या माता से विरासत में मिली हो]

[59] नव-याकडून किंवा नव-याच्या कुटुंबातून वारसाहक्काने आलेली मालमत्ता [जहां संपत्ति उसके पति या उसके ससुर से विरासत में मिली हो]

[60] 1978 AWC 721.

[61] वारसाहक्कचा क्रम [उत्तराधिकार का क्रम]

[62] एकसारखा हिस्सा [साथ-साथ]

[63] वरसा हक्काचे सर्वसाधारण नियम

[64] Full Blood सख्खा

When the father and mother of two persons are the same, they are related to each other by full blood. According to S. 3(1) (e) (1), Hindu Succession Act. ‘two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife.” Thus, children of the same parents are children by full blood, e.g., brothers or sisters or a brother and a sister. In the common parlance they are known as the ‘real brothers, the real’ sisters or the ‘real’ brother and sister.

[65] Half blood.— सावत्र (वेगवेगळया आईपासून परंतु एकाच वडिलांच्याकडून)

When two persons have the same father but different mothers, they are related to each other by half blood. According to clause (e) (i) of S. 3(1), Hindu Succession Act, two persons are said to be related to each other by half blood “when they are descended from a common ancestor but by different wives.” For instance, A marries X and a son B is born to him from X: X dies and A marries R and a daughter C is born to him from R; A divorces R and marries S. A son is born to him from S, B, C, and D are related to each other as a brother and sisters by half blood.

Uterine blood.— सहोदर (एकाच आईपासून पण भिन्न वडिलांपासून)

When two persons have the same mother but different fathers, they are said to be related to each other by uterine blood. According to clause (e) (ii) of 5. 3(1) of the Act, ‘Two persons are said to be related to each to her by uterine blood when they are descended from a common ancestress but by different husbands”. E.g. Y takes a husband S and from him she gets a son A. Subsequently, she divorces him and takes another husband Z, and from him a daughter C is born to her. A, B and C are related to each other as a brother and sisters by uterine blood.

[66] वारसा हक्क पध्दत [दो या दो से अधिक उत्तराधिकारियों के उत्तराधिकार का तरीका]

[67] For Per capita and Per-stripe ibid Note-

[68] सुपूर्द [निहित होना]

[69] एकत्र मालकी की ज्यामध्ये हयातींना नियम असतो [संयुक्त स्वामित्व]

[70] स्वतंत्र मालकी परंतु एकत्र ताबा असतो व ज्यामध्ये हयातीचा नियम नसतो

[71] एकाचवेळी मृत्यू झाल्यास गृहितक [एक साथ मृत्यु के मामले में उपधारणा]

[72] प्राधान्य-अधिकार [अधिमान्य अधिकार या पूर्वक्रय का अधिकार]

[73] हस्तांतर रद्द करता येणे आग्रह/मागणी [मान्यता प्राप्त निवास का अधिकार (आवास गृह का विभाजन)]

[74] वारसांची अपात्रता [वारिसों के लिए अयोग्यताएं]

[75] पुनर्विवाह [पुनर्विवाह से उत्पन्न होने वाली अयोग्यता]

[76] In Smt. Kasturi Devi v. Dy. Director of Consolidation (AIR 1976 SC 2295).

The Supreme Court held- that a mother connot be divested to her interest in the property on the grounds of re-marriage.

[77] 1982 Bom. 68.

[78] In Chaman Lal v. Lal Mohan Lal (AIR 1977 Delh. 177).

The Delhi High Court held- that where a widow was prosecuted for murder of her husband but finally she was acquitted from that charge, she was not disqualified from inheriting the property of her husband.

[79] धर्मांतर [परिवर्तन]

[80] स्विकारणे [गले लगा लिया]

[81] बहिरा, मुका, वेडा, महारोग्य, कायमचा आंधळा [लाइलाज अंधापन]