Suppose a Hindu man leaves his wife without divorcing and marries another. In this case, his first marriage was not annulled by law, and the first wife and her children are the rightful heirs. If both are divorced, the first wife cannot claim the property and all her property belongs exclusively to her. Even in the case where both husband and wife have contributed to the purchase of a property, it is important to have documented proof of the percentage of monetary contribution of both in the event of divorce. This is especially important if you want to bring an eviction action. 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 the property of a deceased person is divided among his Class I heirs of the Schedule if he dies without leaving a will.
If a person dies without leaving a will, his widow takes a share. The Class I heirs of the deceased would be the widow, his son, daughter, mother, son of a predeceased son, daughter of a predeceased son, widow of predeceased son, son of predeceased daughter, daughter of deceased daughter, son of predeceased son of deceased son, widow of predeceased son of predeceased son. If a person dies without a will or legal succession, the corresponding inheritance laws for the transfer of property held by the person to the legal heirs come into force. Class I heirs shall, to the exclusion of all other heirs, simultaneously make the heirs of the first Class II entry the heirs of the second registration; the information in the second entry is preferable to the information in the third entry; and so on one after the other. In 2015, the Supreme Court ruled that couples who have lived in a domestic partnership for a long time will be treated as married. Although no religion in India accepts life relations as legal, the law provides some relief. Under article 125 of the Code of Criminal Procedure, women living in life relationships are entitled to statutory rights and maintenance. Children born of family relationships are also entitled to property acquired by their parents under section 16 of the Hindu Marriage Act.
Children can also apply for child support. It should be noted that, according to its decision, the Supreme Court stated that it did not consider “walk-in” relationships to be residential relationships. The rules apply if the partners have lived together for a long time. Class I heirs are sons, daughters, widows, mothers and grandchildren. However, if property of a Hindu woman is inherited from her father or mother, in the absence of a son of the daughter of the deceased (including the children of a predeceased son or daughter), it does not pass to the above-mentioned heirs, but to the heirs of the father; and any property inherited by a Hindu woman from her husband or father-in-law shall, in the absence of a son or daughter of the deceased (including the children of a predeceased son or daughter), pass not to the foregoing, but to the heirs of the husband. If there is more than one widow, several surviving or multiple sons of one of the other heirs listed above each receive a share of the testator`s property. Even if the widow of a predeceased son, the widow of a predeceased son of a predeceased son or the widow of a brother has remarried, she is not entitled to receive the inheritance. A second wife has all legal rights to her husband`s property, provided that her husband`s first wife has already died or divorced before the husband remarries.
Their children have the same rights to their father`s share as children from their first marriage. If the second marriage is not legal, neither the second wife nor her children have the privilege of being the legal heirs to the husband`s ancestral property. Real property ownership is no longer a fundamental right as a result of an amendment to the Constitution Act, 1978. However, it is a legal, human and constitutional right. The HSA states that anyone who has converted to another religion can still inherit property. The law in India does not disqualify a person who inherits property because he has decided to change his faith. The Caste Handicap Elimination Act stipulates that any person who has renounced his or her religion may inherit property. However, the convert`s heirs do not enjoy the same rights. If the son or daughter of a convert practices a religion other than Hinduism, he or she may be excluded from inheritance of ancestral property. Legal heirs can be divided into two segments – Class I and Class II heirs.
