Application of Inheritance Laws in India
No uniform codified inheritance laws apply in India. The Constitution of India provides freedom of conscience (i.e., religious faith as a fundamental right). Family law has always been a part of religious law. This means that no uniform code for civil law exists in India, even though it has been put into the Directive Principles of State Policy of the Constitution of India. Since laws of marriage and succession are the most intricate amongst the religious laws, inheritance issues in India are very complicated.
The main laws pertaining to issues related to succession and inheritance by foreigners in India are: The Foreigners’ Act (provision for the government to make orders restricting or prohibiting rights of a foreign citizen) and The Foreign Exchange and Management Act (Acquisition and Transfer of Immovable Property in India).
Only Muslim inheritance laws have a reserved portion in India.
Except for the Muslim laws of inheritance, which require at least 2/3 of the deceased’s property to be inherited by the line of succession and allow up to 1/3 to be settled by testamentary succession, India’s other inheritance laws do not have any reserved portion, i.e. the entire property may be subject to testamentary succession or intestate succession if there is no will.
Orders of intestate succession:
The following is an outline of the orders of succession and the shares of inheritance for heirs in different groups in India:
If the deceased is a Hindu male (including Buddhists, Sikh, Jain, and all those who are not Christian, Muslim or Parsi):
Class I heirs of a male Hindu who shall simultaneously inherit are:
• Mother being alive (1 share)
• Widow (1 share)
• Living sons (1 share each)
• Living daughters (1 share each)
• Predeceased son having the following relations (1 share)
• daughters – each to be equally divided.
If a predeceased son of this predeceased son leaves a widow, the living sons and living daughters each shall equally share the share of the predeceased son of the predeceased son who has one share with living sons and daughters. Predeceased daughter (1 share) to be equally shared by sons and daughters of the predeceased daughter.
In case there is none in the class I schedule, the property shall go to the class II based order. The earlier order is preferred over the later, (i.e. if an earlier order is present, the later orders would not inherit) in orders :
• Father (whole in the absence of anybody in class I)
• Son’s daughter’s son; son’s daughter’s daughter, Brother, Sister ( all in equal proportion)
• Daughter’s son’s son, daughter’s son’s daughter, daughter’s daughter’s son, daughter’s daughter’s daughter (equally)
• Brother’s son, brother’s daughter, sister’s son and sister’s daughter
• Father’s father, Father’s mother (equally)
• Father’s widow, brother’s widow
• Father’s brother, Father’s sister
• Mother’s father, mother’s mother
• Mother’s brother, mother’s sister
If the deceased is a female Hindu dying intestate:
A: Sons (1 share each), Daughters (1 share each), husband (1 share), son and daughter of predeceased son (equally together 1 sha zebvhjfm. oro uggsre), son and daughter of predeceased daughter (equally together I share).
B: Heirs of Husband Entry
C: Father and Mother Entry
D: Father’ shier
E: Heir’s of the mother
If the deceased is a Muslim:
Muslim communities in India predominantly follow Hanafi law, but in some locations follow Shia law. The share of each heir must be ascertained based on individual cases.
If the deceased is a Christian or married under the Special Marriage Act (for inter-religious marriage):
Where lineal descendant is present:
Widow / widower – 1/3 of the property
Lineal descendants – equally to share 2/3.
In the absence of lineal descendant, to all grand children, - equally
In the absence of grandchildren, to great grant children – equally
Lineal descendant of a predeceased child or lineal descendant of a predeceased child of a predeceased child if present - division is based on equal shares, taking the predeceased child to be alive, and a downward distribution amongst the lineal descendants.
With no lineal descendant:
Widow /widower – 1/3
Father – balance entire
If Father is dead, to mother, to mother, sisters and brothers- equally
If father is dead, to mother, living sisters and brothers, and children of a predeceased sister or brother- equally so that one share to be taken for the predeceased sister or brother to pass through the lineal descendant to such predeceased.
If the deceased is a Parsi:
Widow / Widower
Living parents-each to get a share equal to half of a child
Wife and children of a predeceased son to share the share of the child as if the son died after the death of the deceased. If the child predeceased is a daughter, her share would be equally distributed to her children.Post Comment Comments satya pal November 18, 2010 my father died with out writing a will.my youngest brother also died.her widow is living i a house built by me on fathers land.now deceased brother wants the third share in the property.my brother never built any property.wife and husband were govt.employee.now deceased brother wife still in govt service.i built the property in which they are living.i do not object even now they continue to live.my younger brother(alive) and deceased brother and her only daughter has signed papers in court in my name.now widow of my deceased wants that i should gift her the house which she never built.kindly tell me what are the legal rights of my brother's widow.i again the house in which they ARE LIVING WAS NEVER BUILT BY MY DECEASED BROTHER.HE WAS GETTNG ONLY RS 800/PM AS SALARY IN 1980,SO HE COULD NOT DREAM OF A HOUSE.SO I HELPED HIM.NOW HIS WIDOW AND DAUGHTER INSISTING THAT THIS PORTION THEY ARE LIVING SHALL BE GIFTED TO THEM.THEY HAVE THE INTENTION TO SELL,BECAUSE IT WILL FETCH RS 50 LACS IN MARKET.PL ADVISE THE LEGAL POSITION IN THIS REGARD
Billig UGG Outlet Deutschland,UGG Boots Günstig Kaufen damen online
UGG Outlet, erste Herkunft Yu Australien, zunächst als hässliche Stiefel Australien Personen mit zwei blockieren Schaffell Paket in Schuhe tragen in den Füßen Shang kalt, später allmählich in Australien populär, Winter, unabhängig von Mode bis zu Personen, auch ist Avantgarde MM oder White-Collar OL, haben in Füße Shang eine doppelte UGG Outlet Deutschland, mehr hat viele der Hollywood Sterne Hilfe, Welt setzt sich aus einer Einheit 11 heißen. Billig UGG Outlet Deutschland ist voller Legenden. Scheinbar dumme Cartoon-Form ist beliebt in Europa und Asien, ein vorherrschender Wind weht auf der ganzen Welt. Sobald Sie es tragen, Sie werden nicht ausziehen, ihre Originalität, Glaubwürdigkeit und werden Sie faszinieren.
Günstig Damen UGG Australia Becket Wasserdicht Stiefel Deutschland 76
Günstig Damen UGG Australia Adirondack II Stiefel Deutschland 240
Günstig Herren UGG Australia Butte Stiefel Deutschland 432
Günstig Damen UGG Australia Lattice Cardy Stiefel Deutschland 130
Günstig Damen UGG Australia Camaya Stiefel Deutschland 131
Günstig Damen UGG Australia Klassiker Short Stiefel Deutschland 132
Günstig Damen UGG Australia klassische Sparkles Stiefel Deutschland 133
Günstig Damen UGG Australia Elsa Wasserdicht Stiefel Deutschland 134
Günstig Damen UGG Australia Klassiker - Kurz Exotische Stiefel Creme Deutschland 135
Günstig Damen UGG Australia Klassiker Mini Stiefel Deutschland 136
Günstig Damen UGG Australia Cambridge Stiefel Schwarz Deutschland 137
Günstig Damen UGG Australia I Heart UGG ™ von UGG Australia Lacy Stiefel Deutschland 138