(in Hindi) (in Hindi) (in Hindi) (in Hindi) (in Hindi) (in Hindi)
CHAPTER II: INTESTATE SUCCESSION
GENERAL
S. 6. (amended 2005)
Devolution of curiosity in coparcenary property.-
(1) In a Joint Hindu household ruled by the Mitakshara regulation, the daughter of a coparcener shall,-
(a) be coparcener (by beginning) identical as son;
Partition earlier than 20th day of December, 2004, stand. partition duly registered underneath the Registration Act, 1908’.
(3) Joint Hindu household property underneath Mitakshara regulation, shall devolve by testamentary or intestate succession, and never by survivorship.
(a) the daughter is allotted the identical share as is allotted to a son;
(b) the share of the pre-deceased coparcenar, shall be allotted to his (her) surviving youngster (or grand-child); and
(4) no courtroom shall recognise pious obligation of son in opposition to debt of his father (or grandfather)t:
7. Devolution of curiosity within the property of a tarwad, tavazhi, kutumba, kavaru or illom
8.Basic guidelines of succession within the case of males
intestate succession:
(a) Solely to Class 1 heirs (if any); laid out in schedule;
(b) Else, if no alive class 1 inheritor, then family laid out in class II (Schedule);
(c) Else, if there is no such thing as a inheritor of lessons I or II, then upon the agnates of the deceased; and
(d) lastly, if there is no such thing as a agnate, then upon the cognates of the deceased.
9. Order of succession amongst Class of heirs:
These in school I shall take concurrently and to the exclusion of all different heirs;
These within the first entry in school II shall be most well-liked to these within the second entry;
these within the second entry shall be most well-liked to these within the third entry; and so forth in succession.
10 Distribution of property amongst heirs in school I of the Schedule:
Rule 1-The intestate’s widow, or if there are extra widows than one, all of the widows collectively, shall take one share.
Rule 2-The surviving little children and the mom of the intestate shall every take one share.
Rule 3-The heirs within the department of every pre-deceased son or every pre-deceased daughter of the intestate shall take between them one share.
Rule 4-The distribution of the share referred to in Rule 3-
(i) widow and the surviving youngsters get equal parts; identical in branches of pre-deceased youngster (son or daughter).
11. Distribution of property amongst heirs in school II of the Schedule
They share equally.
12. Order of succession amongst agnates and cognates
Rule 1- Of two heirs, the one who has fewer or no levels of ascent is most well-liked.
Rule 2- The place the variety of levels of ascent is similar or none, that inheritor is most well-liked who has fewer or no levels of descent.
Rule 3- The place neither heirs is entitled to be most well-liked to the opposite underneath they share equally.
13. Computation of levels
(3) Each technology constitutes a level both ascending or descending.
14. Property of a feminine Hindu to be her absolute property
any such property held by her as stridhana instantly earlier than the graduation of this Act.
15. Basic guidelines of succession within the case of feminine Hindus
(1) The property of a feminine Hindu dying intestate shall devolve in line with the foundations set out in part 16 :
(a) firstly, upon the little children (together with the kids of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mom and father;
(d) fourthly, upon the heirs of the daddy; and
(e) lastly, upon the heirs of the mom.
(2) For property inherited by a feminine Hindu
(a) from her father or mom shall devolve,
within the absence of any son or daughter of the deceased;
upon the heirs of the daddy; and
(b) any property inherited by a feminine Hindu from her husband or from her father-in-law shall devolve,
within the absence of any son or daughter of the deceased;
upon the heirs of the husband.
16. Order of succession and method of distribution amongst heirs of a feminine Hindu
Rule 1- these in a single entry shall be most well-liked to these in any succeeding entry and people together with in the identical entry shall take concurrently.
Rule 2- the kids of predeceased youngster of intestate shall take between them the share which such youngster would have taken if residing on the intestate’s dying.
GENERAL PROVISIONS RELATING TO SUCCESSION
19. Mode of succession of two or extra heirs
If two or extra heirs succeed collectively to the property of an intestate, they shall take the property- (a) save as in any other case expressly offered on this Act, per capita and never per stripes;
20. Proper of kid in womb
25. Assassin disqualified
26. Convert’s descendants disqualified
28. Illness, defect, and so forth. to not disqualify
ESCHEAT
29. Failure of heirs
Chapter III: TESTAMENTARY SUCCESSION 30. Testamentary succession
2. Any Hindu could eliminate by will or different testamentary disposition any property, which is able to being so disposed of by her or him.
THE SCHEDULE
HEIRS IN CLASS I AND CLASS II
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