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Property inheritance law or Property rights in India

Real estate in India is administered and impacted by a combination of federal and state-specific laws. The right of inheritance is passing the titles, rights, debts, property, and obligations to another person on the death of an individual. Considering how priceless real estate assets are currently, legal heirs must safeguard the property/asset after the death of the person in whose name the property was registered. The regulatory laws of inheritance alter among societies as per their religion and have revolved over time. This article will explain the Property inheritance law or Property rights in India. Read on to know more…

What is the property inheritance law in India?

Personal inheritance laws which have a religious/dutiful undertone - It is applicable on succession without a will (intestate succession). Under the Personal Laws, lies the Hindu Succession Act, 1956 and the Muslim Personal Laws (Shariat) Application Act.

Indian Succession Act 1925 - It applies to testamentary succession of Hindus which is a transfer of property/asset by a will. A person can handover his own property to any person he wants by getting a will made.

A person can inherit one’s property in two ways:

By a will – Will or testament under the Indian Succession Act, 1925 is a legal document or a declaration indicating the will of a person. The person who makes the will is known as the testator and the person in whose benevolence the will is made is called the legatee.

Through laws of Intestate Succession - In case, if a person dies without making a will then his property is devolved among his heirs through the laws of intestate succession.

Who can be an heir according to the Indian law?

Under Indian law, an heir is a person determined to succeed to the estate of an ancestor who died without creating a will. However, it is essential to identify a legal heir because they are the farthermost successors over matters relating to insurance claims as well as property inheritance.

Types of property that can be inherited include

Self Acquired Property- Includes the property or asset which the deceased had purchased or acquired in his or her lifetime.

Ancestral Property – This can be defined as the property which was inherited by the deceased through three generations or more.

Movable and Immovable property

An immovable asset is a property bound by geographic coordinates or by reference to local landmarks. Those include houses, land, campuses, etc.

Movable property is one that can be moved from one location to another and there’s no need to file it under the Indian Registration act. 

Who is a legal heir under Hindu law?

The Hindu Succession Act applies to Hindus, Buddhists, Jains, and Sikhs. 

Class I - Widow, Daughter, Mother, Son, Daughter of a son who is deceased, Daughter of a daughter who is deceased, Daughter of a pre-deceased son of a pre-deceased son, Widow of a son who is deceased, Widow of a pre-deceased son of a pre-deceased son, Son of a son who is deceased, Son of a daughter who is deceased, heir of a pre-deceased son of a pre-deceased son. 

Class II – Father, Grand Parents, Grand Children, Brother, Sister, Other relatives

Agnates - These are the blood tie-ups to the deceased through males. 

Cognates - These are the blood tie-ups to the deceased through females. 

In case a Hindu female passes away the property shall be divided amongst the following members

· First her children and husband

· Then among her husband’s heirs

· Then among her father and mother

· Then among her father’s heirs

· Then among her mother’s heirs

In the case where a Hindu male passes away, the following procedures shall take place

· The Class I heirs get equivalent shares

· If there’s no Class I heirs it shall be equally divided amongst Class II heirs

· Also if there’s no Class I or Class II Heirs the property shall be divided amongst the Agnates and then the Cognates.

· If none of the above-stated heirs exist then the property shall pass on to the Government. 

Who is a legal heir under Muslim law?

Husband, Wives, Sons, Daughters, Grandsons, Granddaughters, Father, Mother, Grandfather, Paternal Grandmother, Full Brothers, Full Sisters, Paternal Brothers, Paternal Sisters, Maternal Brothers, Maternal Sisters, Full Nephews, Paternal Nephews, Full brother’s son’s son, Paternal brother’s son’s son, Father’s full brother, Father’s paternal brother, Father’s full brother’s son, Father’s paternal brother’s son, Father’s full brother’s son’s son, Father’s paternal brother’s son’s son, Father’s full brother’s son’s son’s son.

Who is the legal heir under Christian law?

Widow, Daughter, Son, Mother, Father, Sister, Brother, Direct bloodline, etc.

List of documents required to acquire a legal heir certificate

  • Name of the deceased person.
  • Names and bond of family members with the deceased.
  • Signatures of the Applicant. 
  • Residential Address of the Applicant.

What are the procedures to get a legal heir certificate?

  • To request for a Legal Heir Certificate under the District Tehsildar Officer via the District Court having the authority over the area.
  • Next, based on the report of the Village Administrative Officer as well as the Revenue Inspector of the District, a certificate legal heirship is issued to the concerned person by the District Authority. 

Rights of a spouse

A wife has no privilege to share in the ancestral property. As a result, a widow has absolutely no entitlement over her husband’s ancestral property. However, since a wife is a Class I heir, the wife will have the right in the self- acquired asset of her husband. Moreover, even a widowed mother also has authority in her son’s right property. 

Rights of children in India                                                                 

A son has a right in his grandfather’s and father’s property by birth. The son has equal privileges as does his father in his grandfather’s ancestral property. Besides this, in a condition where the father has a self- acquired property or separate property and he dies intestate, then the son who is a Class I heir will have succession rights equal to his living mother, grandmother, sister and brother. However, an illegitimate son does not have authority in his father’s property. 

Rights of daughters in India

Earlier, only an unmarried daughter had a privilege to share in the ancestral property. However, after 2005, a daughter was permitted granted similar rights as well as duties as that of a son. A daughter has an equal allowance of right in the ancestral property.

Rights of grandchildren in India

Every grandchild including both grandson and granddaughter has the equal right to share in the ancestral property of their grandfather with their father.

Rights of an adopted child in India

The rights of inheritance of an adopted (or accepted) child are quite related to that of a natural-born child. However, once adopted; the child relinquishes his or her property rights in the biological family. In case, the child obtains a property before the adoption, then the property shall continue to be in his or her name.

Conclusion

In conclusion, inheritance in India and the manner in which the property of a deceased person is to be distributed is decided by the order of succession. Also make sure that before claiming any property left by the deceased, one needs to make sure that no debts are outstanding…


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