{"id":2418,"date":"2012-08-02T22:35:00","date_gmt":"2012-08-02T17:05:00","guid":{"rendered":"http:\/\/www.apnaplan.com\/?p=2418"},"modified":"2016-05-28T23:10:55","modified_gmt":"2016-05-28T17:40:55","slug":"what-if-you-die-without-a-will-the-succession-question","status":"publish","type":"post","link":"https:\/\/www.apnaplan.com\/what-if-you-die-without-a-will-the-succession-question\/","title":{"rendered":"What if you die without a will \u2013 The Succession Question?"},"content":{"rendered":"
Once you have some assets, it\u2019s always advisable to make a will<\/strong> for two primary reasons.<\/p>\n
\n
First, after you the legacy would be passed to the people you really wanted to pass on.<\/li>\n
Second, it reduces a lot of acrimonious discussions and sour relationships among heirs which almost always happen while the distribution of wealth.<\/li>\n<\/ul>\n
But if someone dies without a will in India, the succession is governed by \u201cMuslim Personal Law\u201d if the person is Muslim and by \u201cThe Hindu Succession Act\u201d if he was Hindu.<\/strong><\/p>\n
We look at the The Hindu Succession Act in this post<\/strong>. This law came in force in 1956 and later was amended in 2005 to give equal rights to females.<\/p>\n
Succession in case of a Hindu Male:<\/h2>\n
The property of a Hindu male dying intestate, or without a will, following is the order of preference:<\/p>\n
\n
Class I heirs<\/li>\n
Class II heirs<\/li>\n
deceased\u2019s agnates or relatives through male lineage<\/li>\n
cognates, or any relative through the lineage of males or females<\/li>\n<\/ol>\n
The next level is benefited only if there is no one in the level above that.<\/strong> Let\u2019s see who all are in Class I and Class II heirs.<\/p>\n
Class I heirs include<\/strong><\/p>\n
\n
Sons\/ Daughters<\/li>\n
Widow<\/li>\n
Mother<\/li>\n
Children of any pre-deceased son\/daughter<\/li>\n
Widows of pre-deceased son<\/li>\n
Children of a pre-deceased sons of a predeceased son and<\/li>\n
Widow of a pre-deceased son of a predeceased son.<\/li>\n<\/ul>\n
The Wealth would be equally distributed among all these Class 1 heirs.\u00a0<\/strong><\/p>\n