PROPERTY LAWS AND RIGHTS UNDER HINDU SUCCESSION ACT
WHAT ARE THE VARIOUS PROPERTY LAWS IN INDIA ?
In India, property laws are governed by personal laws. The laws for property aren’t common for everyone and they differ from individual to individual based on their religion.
The Hindu Succession Act, 1956 applies to Hindus, Buddhists, Jains, and Sikhs.
Muslim law is governed by the Muslim Sharia Law Act of 1937. However, this law doesn’t cover property rights.
The property rights of Christians in India are governed by the Indian Succession Act, 1925.
Indian Succession Act, 1925 also applies to individuals who have married under the Special Marriage Act, 1954
HOW IS PROPERTY DIVIDED ACCORDING TO HINDU LAW ?
In India, the succession and wills are governed by the Indian Succession Act 1925. Succession can be broadly divided into two parts, first where the individual has left behind a valid and enforceable will and secondly where a person has died without leaving such a will.
In case an individual has died without leaving a will, for Hindus the Hindu Succession Act 1956 defines the procedure.
DO DAUGHTERS HAVE SAME RIGHTS AS SON IN PROPERTY ?
Yes, Daughters have the same right as Sons in the property of their father's self-acquired property and ancestral property.
WHAT ARE THE RIGHTS IN ANCESTRAL PROPERTY UNDER HINDU LAW?
Ancestral property is a property that is handed down from generation to generation and is 4 generation old (great grand father - grand father - father - son). Also The property shouldn’t had been partioned by the three generations before.
Daughters have the equal rights in ancestral property as son.
The head of the family can’t sell or divide the ancestral property without consulting all the parties involved.
The Hindu Succession Act holds that anybody who has converted to another religion can still inherit property. However, the heirs of the convert do not enjoy the same rights. If the son or daughter of a convert practices any other religion other than Hinduism, they can be disqualified from inheriting the ancestral property.
WHO HAS THE RIGHTS OVER THE MOTHERS PROPERTY ?
Under the Hindu Succession Act, Sec 15. The property of a female Hindu dying intestate shall devolve according to the rules
(a) firstly, upon the sons and daughters including the children of any pre-deceased son or daughter and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
DOES SON IN LAW AND DAUGHTER IN LAW HAVE RIGHTS OVER ANCESTRAL AND FAMILY PROPERTY ?
Daughter in law has no rights in self-acquired property or ancestral property of her in-laws. If she is a widow, she is entitled to get a share in the property of her husband along with the other heirs.
Son in law has no rights in the property of his father in laws. Also, the husband will have no rights over his wife’s property. In case the wife of the husband dies, then he will be entitled to get a share in the property of his wife as his children who belong to Class I heirs.
CAN A SON AND DAUGHTER BE STOPPED FROM INHERITANCE ?
The Hindu Succession Act, Sec 25 states that those who have been proved guilty of serious crimes will not be allowed to inherit property.