His legal heirs are his mother, widow and children, each of whom also follows his fortune. The brother has no right to the property inherited from the married sister: SC. What share can married girls claim in their father`s property? According to the Supreme Court`s decision, a daughter in her father`s ancestral possession is granted a right equal to that of her brothers. However, this does not mean that after the death of the father, the property will be divided equally between a brother and a sister. Since inheritance law also confers property rights on other legal heirs of the deceased, the division of property is based on each heir`s share in accordance with applicable inheritance laws. A married daughter who has an equal share of her father`s property simply means that no matter how much she claims, her brother will also receive the same share. Inheritance law states that a person`s property, debts, titles, rights and obligations are transferred to another person after death. Property in India can be inherited in two ways, i.e. by will or through an inheritance law when a person dies without inheritance (without making a will). Half-blood children are born in which a child is born by the father with another wife/partner and the second child by the wife can be born to another husband/partner. In short, if there is a common parent (this happens in case of remarriage or divorce), preference is given to the child who is closer to the one he inherits.
Example: A wife B. C is A`s son of A`s first wife. D is B`s son with D`s first husband. If A`s property were divided, preference would be given to C. In many Indian states, when men move to cities to find better job opportunities, they may temporarily leave their families at home. In order to give women the economic independence of Uttarakhand, a state where many men migrate to work, the state government issued an ordinance to grant co-ownership rights over the husband`s ancestral property. The move will benefit more than 35 lakh women in Uttarakhand. There are three types of succession in Muslim law. The first is that duties must be fulfilled after the death of an Indian Muslim, such as paying funeral expenses, paying salaries, debts and executing the will. Once everything is done, the rest is divided among the heirs.
Secondly, the share is divided between heirs and successors. The third step is when there is absolutely no legal heir to the deceased and the government inherits all the property. It should be noted here that the notion of heir differs from one religion to another. This is also the reason why their ownership rights over the deceased`s property may also differ depending on the religion to which they belong. In the case of property acquired by a father or mother, his or her son or daughter has no right of birth over it. Unlike ancestral property, a father has the right, at his discretion, to give the property or the will to whomever he wants, and the daughter or son does not have the right to protest. Under Hindu law, children can only claim a share of the father`s ancestral property and not property acquired by him. However, if the father made the will after the father`s death, transferred ownership or a share of it to only one of his sons or daughters, the others cannot contest this transfer, as this was done at the discretion of the property that the father himself acquired. The legal situation of the concept of heir is very clear.
Indian law, like most laws in the world, recognizes the concept of heir. Heirs include persons who have the legal right to inherit the property of their ancestors. The Hindu Succession Act 1956 states that children descended from their parents have the right to inherit the property of their deceased parents. Therefore, children fall into the category of legal heirs of Class I. However, the rights of the child differ in terms of different types of property under Hindu law. As mentioned above, there are two types of property under Hindu law; Property acquired by the person concerned and ancestral property. Children have a birthright over their parents` ancestral property, as this property is passed from great-grandfather to grandfather, father and then son. Therefore, a father cannot deprive his children of their shares in ancestral property. These are all those people who are related by blood to the deceased Muslim owner of the property, but who do not fall into the category of sharers or residues. As a rule, distant relatives have the right to inherit property only in the absence of the partners or the owner. Distant relatives include – female agnates and male and female relatives. Therefore, a wife who is a Class I legal heir inherits her deceased husband`s property equally with the other legal heirs.
Self-acquired property is property that a person acquires or buys with their own money and income. Ancestral property is property acquired by a great-grandfather and passed on to the next generation to the great-granddaughter/grandson. The inheritance rights of legal heirs in relation to these two assets are different and will be discussed in detail in the following paragraphs. Under the Inheritance of Property Act, i.e. the Hindu Inheritance Act, a son and daughter are entitled to ancestral property by birth. A father cannot dispose of these assets by excluding his legitimate legal heirs.