My father handed away with none will. How his property will likely be divided

Question: My father handed away, with none will, abandoning my mom, sister and me. We comply with Hindu faith. How the property (movable and immovable) of my father will likely be distributed? – Okay. Ramesh

Answer:  An individual can both depart a Will behind him giving directions and method through which his property shall be divided after his loss of life. A Hindu is free to bequeath all his property the way in which he/she needs. The executor/s of the desire then distribute the property of the deceased amongst the legatees talked about within the Will. In case a Hindu dies with out leaving a legitimate Will (referred to as intestate loss of life) all his property move on to his relations as per the provisions of Section 8 of Hindu Succession Act, 1956. The technique of passing on the property in case of intestate loss of life occurs immediately with out anyone having to do something and it occurs the second the individual dies. 

As per the Schedule of Hindu Succession Act, 1956, in case of loss of life of a Hindu male his property go to his authorized heirs in a prescribed order. So in case any relative as talked about within the class I of the schedule are alive on the time of loss of life they take it between themselves to the exclusion of different relations. Mother, Wife together with little children ( and their little children in case they predecease their little children and in case their daughters and sons additionally predecease them then their little children as properly ) are the category I authorized heirs as talked about within the schedule of the Hindu Succession Act, 1956. Wife, son, daughters and mom all take equal shares. In case there are a couple of wives alive between them they take one share equal to the shares of the son amongst themselves. All little children or their authorized heirs in the event that they predecease take the share which might have been allotted to the son or daughter had they been alive on the date of loss of life of the daddy.

Balwant Jain is a tax and funding skilled and may be reached on jainbalwant@gmail and @jainbalwant on Twitter.com

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