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Inheritance laws vary by jurisdiction, but in general, legal heirs of ancestral property are individuals who are entitled to inherit property from their ancestors, typically through intestate succession or a valid will. In this blog post, we will explore who are considered legal heirs of ancestral property and provide some case laws as examples.
Intestate Succession:
Intestate succession occurs when an individual dies without a valid will or testament. In this case, the law decides who will inherit the ancestral property. The legal heirs of the property are determined according to the personal laws of the individual, such as the Hindu Succession Act, the Muslim Personal Law, or the Indian Succession Act.
In the case of Hindu succession, the legal heirs of ancestral property are classified as Class I Heirs, Class II Heirs, Agnates and Cognates. These categories are applicable under the Hindu Succession Act, 1956, which governs succession in the Hindu community.
Class I heirs:
Class I heirs are the closest relatives of the deceased, and they are entitled to inherit the property in the absence of a will. The following individuals are classified as Class I heirs:
a) Son
b) Daughter
c) Widow
d) Mother
e) Son of a predeceased son
f) Daughter of a predeceased son
g) Son of a predeceased daughter
h) Daughter of a predeceased daughter
i) Widow of a predeceased son
j) Son of a predeceased son of a predeceased son
k) Daughter of a predeceased son of a predeceased son
l) Widow of a predeceased son of a predeceased son
Class II heirs:
If there are no Class I heirs, then the property is inherited by Class II heirs. The following individuals are classified as Class II heirs:
a) Father
b) Brother
c) Brother’s son
d) Sister
e) Sister’s son
f) Brother’s widow
g) Sister’s widow
If there are no Class II heirs, the property will be inherited by the Agnates, who are relatives related through the father’s line, followed by the Cognates, who are relatives related through the mother’s line.
Case Reference: In the case of Prakash & Ors. v. Phulavati & Ors., the Supreme Court of India held that the 2005 amendment to the Hindu Succession Act, which gave daughters equal rights in ancestral property, was applicable retrospectively, even if the father had died before the amendment.
Testamentary Succession:
Testamentary succession occurs when an individual dies with a valid will or testament. In this case, the legal heirs of the ancestral property are determined by the terms of the will. The person making the will can choose who they want to inherit the property, subject to certain legal requirements.
For example, the person making the will must have the capacity to make the will, the will must be made voluntarily and without coercion, and the will must be properly executed.
Case Reference: In the case of Rani Purnima Debi v. Kumar Khagendra Narayan Deb, the Calcutta High Court held that a will can be challenged if it was made under undue influence or coercion. In this case, the court found that the will was made under undue influence and was therefore invalid.
Coparcenary Succession:
Coparcenary succession applies to Hindu families and involves the joint ownership of ancestral property by the coparceners, who are usually male descendants of the same ancestor. In this case, the legal heirs of the ancestral property are determined by the rules of coparcenary succession.
For example, under the Hindu Succession (Amendment) Act, 2005, daughters are now considered coparceners and have the same rights as sons in ancestral property.
Case Reference: In the case of Danamma @ Suman Surpur & Anr. v. Amar & Ors., the Supreme Court of India held that the 2005 amendment to the Hindu Succession Act, which gave daughters equal rights in coparcenary property, was applicable retrospectively, even if the father had died before the amendment.
Some Landmark Judgements with respect to Legal Heirs :
Over the years, there have been several landmark judgments by the Supreme Court of India related to the interpretation and implementation of the Act. Some of these judgments related to legal heirs and property distribution are:
Danamma @ Suman Surpur vs Amar: In this 2018 case, the Supreme Court held that the daughters of a Hindu coparcener (joint family member) have equal rights in the ancestral property, irrespective of whether the coparcener had died before or after the enactment of the Hindu Succession (Amendment) Act, 2005.
Prakash & Ors. v. Phulavati & Ors: In this 2016 case, the Supreme Court held that the daughters of a Hindu male who died before the Hindu Succession (Amendment) Act, 2005 came into force, would not have a right to inherit ancestral property. This decision was later overturned by the Danamma case mentioned above.
Vineeta Sharma vs Rakesh Sharma: In this 2020 case, the Supreme Court held that daughters have equal coparcenary rights in the ancestral property even if the father had died before the Hindu Succession (Amendment) Act, 2005 came into force. The court also held that the amendment to the Act was retrospective in nature and would apply even to cases where the father had died before 2005.
Bhagwan Dass & Ors. vs. Girdhari Lal & Ors: In this 2007 case, the Supreme Court held that a stepson is not entitled to inherit the property of his stepfather as a legal heir under the Hindu Succession Act. The court held that the term ‘son’ used in the Act refers only to a biological son, and not to a stepson.
S.S. Chauhan v. State of Rajasthan: In 2004, the Supreme Court held that a wife who had separated from her husband and was living separately was entitled to inherit his property if he died intestate (without leaving a will).
S. Sathyapama v. State of Tamil Nadu (2020): This case dealt with the interpretation of Section 8 of the Hindu Succession Act, which deals with the order of succession in case of a male Hindu’s death intestate. The Supreme Court held that a daughter who was married before the Amendment Act, 2005 would be entitled to claim a share in her father’s property if he died intestate, provided she was alive on the date of the amendment.
- Rajesh Kumar v. Usha (2011): The Supreme Court held that a wife has a right to inherit the property of her deceased husband, as a legal heir, even if she had deserted him and was living separately at the time of his death.
These are just a few examples of the landmark judgments made by the Supreme Court of India related to the Hindu Succession Act and the inheritance rights of legal heirs. These judgments have helped to clarify and strengthen the rights of women and other marginalized groups in the context of property inheritance in India.
Conclusion
In conclusion, the legal heirs of ancestral property depend on the personal laws applicable to the individual, whether they died intestate or with a will, and whether the property is coparcenary property. It is essential to seek legal advice to understand your rights and obligations as a legal heir of ancestral property.
Feel free to write to us at mail@lawyersonia.com or call +91 9845944896 if you wish to consult or discuss your matter. “Sonia and Partners” is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the Best Lawyers in Bangalore practicing in the area of Family Law, Property Law, and Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients.
