The Hindu Succession Act 1956 has prescribed the rules relating to succession applicable to Hindus, Buddhists, Sikhs, Jains etc. The Sharia Law which is applicable to Muslims. And the next is the Indian Succession Act which applies to Christians and other persons which are not covered by the Hindu Succession Act and the Sharia Law. A registered and written Will is the most convenient way to pass estate to the loved one or persons whom you want to. However, very few people take the burden of writing a will and get it registered. Most people die intestate which means without writing a Will. Will is basically a legal declaration of the intention of the testator, with respect to his property. But for several reasons like lack of complex family structure, awareness, etc. people who die without making a proper will i.e. intestate.
Now here you know what happens if a person dies intestate which means without making a will and to whom his property will pass on?
If a Hindu person dies intestate i.e. without a will or the will is missing then the property of a person will be divided on the basis of the “Hindu Succession Act 1956”. The Hindu Succession Act was amended in 2005 and it is also applicable to Buddhists, Jains and Sikhs. The Act also stated the rules in case where the deceased is a male or female. Under Section 8 of The Hindu Succession Act lays down the general rules of succession in the case of Hindu male who have died intestate and this act states that the property of such a Hindu male shall devolve, Firstly upon the heirs of the deceased, being the relatives specified in the class I heirs of the schedule. Secondly, if there are no class I heirs, then upon the heirs being the relatives specified in class II heirs of the schedule. Thirdly, if there is no heir of any of class I or class II heirs then upon the agnates of the deceased. And lastly if there is no agnates then upon the congnates of the deceased person.
Thus, Section 8 has divided the heirs of a male died intestate into four groups and lays down that the property first devolves upon the Class I heirs of the Schedule. The class I heirs are son, daughter, widow, mother, son of a predeceased son, daughter of a predeceased son, son of a predeceased daughter, daughter of a predeceased daughter, widow of a pre-deceased son, son of a pre-deceased son of a predeceased son, daughter of a pre-deceased son of a pre-deceased son and widow of a pre-deceased son of a pre-deceased son. After the amendment new heirs are added by the Hindu succession Act (Amendment) 2005 i.e. Son of a pre-deceased daughter of a pre-deceased daughter, daughter of a pre-deceased daughter of a pre-deceased daughter, daughter of a pre-deceased son of a pre-deceased daughter, and daughter of a pre-deceased daughter of a pre-deceased son. All these heirs can inherit simultaneously. If Class I heirs are not available then the property goes to the heirs specified in Class II heir’s of the Schedule, wherein an heir of a higher entry is preferred over an heir of a lower entry. They are
Category I. Father,
Category II.(1) Son’s Daughter’s Son (2) Son’s Daughter’s Daughter (3) Brother (4) Sister.
Category III. (1)Daughter’s son’s son, (2) Daughter’s son’s daughter, (3) Daughter’s daughter’s son, (4) Daughter’s daughter’s daughter.
Category IV. (1) Brother’s son, (2) Brother’s daughter, (3) Sister’s son, (4) Sister’s daughter.
Category V. (1) Father’s father, (2) Father’s mother.
Category VI. (1) Father’s widow, (2) Brother’s widow.
Category VII. (1)Father’s brother (2) father’s sister.
Category VIII. (1) Mother’s father (2) mother’s mother.
Agnates and Cognates
If there are no heirs in Class I and Class II, then property will be devolves to the deceased’s agnates (a female or male descendant by male links from a common male ancestor) or relatives by male lineage for example first cousin and their children. Agnates only include relatives by blood or adoption. In case there is no in Class I and Class II no agnates or any relative by the male’s lineage then the property devolves to the cognates who are related by blood or origin with another, particularly a person sharing an ancestor with another or any relative by the lineage of female or male for example second cousin and their children.
If deceased person leaves behind neither Class I, nor Class II heirs, nor any agnates, nor any cognates the entire property take over by the Government.