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Property Inheritance Laws in India & Right to Inheritance Explained

What Is the Property Inheritance Law in India?

What Are the Types of Property That Are Inherited?

Understanding Hindu Inheritance Law in India

Who Are Classified as Legal Heirs Under Hindu Law?

Under the Hindu Succession (Amendment) Act, 2005, there are a different class of heirs:

The following Class I heirs are as follows:

Class

Legal Heirs

Class I

Mother

Son

Daughter

Wife (widow)

Daughter of the deceased son

Daughter of the deceased daughter

Wife (widow) of the deceased son

Daughter of a predeceased son of a predeceased son

Wife (widow) of a predeceased son of a predeceased son

Son of a deceased daughter

Son of a deceased son

Moreover, son of a predeceased son of a predeceased son is also included

The following Class II heirs are as follows:

Class

Legal Heirs

Class II 

Father

Grand Children

Grand Parents

Brother

Sister

Other relatives

In addition to this, some of the important terms in relation to legal heirs in Hindu Succession laws are agnates and cognates. 

  • Agnates: Under the Act, Section 3(1)(a) states the meaning of agnates – “one person is considered to be an agnate of another if the two are related by blood or adoption wholly through males”. 
  • Cognates: Furthermore, Section 3(1)(b) of the same Act states the meaning of cognates – “one person is considered to be a cognate of another if both of them are related by blood or adoption but not wholly through males”.

[Source]

How Do Hindu Personal Laws Deal With Inheritance?

What Happens When a Coparcener of a Hindu Undivided Family Dies?

Understanding Muslim Law of Inheritance

Understanding Christian Laws of Inheritance

Understanding the Laws of Inheritance for Parsis

Rights of Natural and Adopted Children

What Are the Documents Required for a Legal Heir Certificate?

Frequently Asked Questions