The court ruled that a Hindu man`s self-acquired property should be decentralized not by survivors but by inheritance, and female heiresses – wife and daughter – are entitled to inheritance/succession as early as 1956, when the Hindu Inheritance Act was enacted. The court recognized that, just like sons, the change also extended the status of co-worker to a daughter so that she could enjoy the same rights as a son. Girls have the right to inherit from birth, so regardless of whether they are married or not, they are entitled to an equal share. The legal situation of the concept of heir is quite clear. Indian law, like most laws in the world, recognizes the concept of heir. Heirs include people who have the legal right to inherit the property of their ancestors. A Supreme Court bank also said that if a Hindu woman died without problems, the property inherited from her father or mother would go to her father`s heirs; The property inherited from her husband or father-in-law would go to the husband`s heirs, he said. It is best to hire a professional lawyer to obtain this heir certificate in order to claim your property. It is not mandatory to make a will, and many middle-class family members do not accept such legal wills during their lifetime. An heir is a person legally authorized to inherit the estate of his or her deceased ancestors without leaving a will (called an intestate). After the death of such an owner, matters relating to the inheritance of property and other claims must be taken care of by their legal heirs. Introduction In very simple terms, a legal heir is a surviving family member of a deceased person. According to Indian.

A second wife has all legal rights to her husband`s property, provided that her husband`s first wife has already died or divorced before the husband remarries. Their children have the same rights to their father`s share as the children of their first marriage. In the event that the second marriage is not legal, neither the second wife nor her children enjoy the privilege of being the legitimate heirs of the husband`s ancestral property. The daughter`s right to the father`s property does not extend to self-acquired real estate, unless this is mentioned in the will. However, if the father dies without a will, the sons and daughters have an equal right to self-acquired property. In particular, the right of the married daughter to property self-acquired by the father remains the same, i.e. she is entitled to an equal share. Read: Here`s how much income tax you`ll have to pay under the new section 194ia amendment Note: Daughters and sons cannot claim the mother`s ancestral property during the mother`s lifetime. In January 2022, the Supreme Court, in its decision in Arunachala Gounder (dead) v Ponnuswamy[1], ruled that the self-acquired property of a dying Hindu man would be transferred by inheritance rather than inheritance. In addition, the daughter has the right to inherit such property as well as property acquired through the division of the property of a biographer or family. It was also found that if a woman died without a will, the ancestral property transferred from her father to her would be given to her father`s heirs and the property transferred to her from her husband`s side would be transferred to her husband`s heir if she died without issue. All Indians have the right to own property.

They also have the right to acquire, manage, manage, enjoy and dispose of their property. Unless it is contrary to the law of the land, the person cannot be found guilty. But what about the mother`s property? According to Hindu inheritance law, any property self-acquired or inherited from the mother naturally goes to the daughter without any other direct heir (instead of male titles such as the mother`s brother). Otherwise, the sons and daughters of a deceased woman would have an equal share of her ancestral property. Read: Buying a house in Mumbai? Here is a complete guide to paying and refunding stamp duty online in Mumbai The court analyzed, among other things, the right of a single girl to inherit the property of a father who died before the Hindu Inheritance Act came into force. Possession of property is no longer a fundamental right due to an amendment to the Constitution Act 1978. However, it is a very legal, humane and constitutional right. HSA is called into question when a Hindu dies intestate (without leaving a will). After that, the succession depends on the rules as they apply in the HSA.

In the case of a Hindu man who dies in kind, his property goes to the following and in this order of preference. The following table shows the rightful heirs according to HSA. An adopted child is also a Class I heir and enjoys all the rights to which a biological child is entitled. However, an adopted child may not claim the property of his adoptive father if that father has been excluded from the succession to the property as a result of a crime he may have committed. If the father has converted to another religion and the adopted child also practices the same religion, the adopted child cannot inherit the ancestral property in this case either. These conflicting views of benches of equal strength led to a reference to a bench of three judges in the case. The three-judge panel composed of Judges Arun Mishra, S. Abdul Nazeer and M.R.

Shah delivered the judgment in a preliminary motion on appeal, which raised the question of whether the amendment to the law granting girls equal inheritance rights would have retroactive effect.