Pls answer my query duly supported by Legal Provisions , Legislative Act , judicial precedent
Illustration for getting legal clarification
"A" dies intestate,his property devolves upon "B" as lineal descendant of "A".
"B" is married with "C" and "D" & "E" are two legitimate daughters born out wedlock of "B" &"C"
Query :- Pls clarify whether "B" can bequeath or bequest the Property recieved in inheritance to any Person other than "C" ,"D" &"E" by making WILL or Testamentary declaration for distribution of said property after his to Person other than "C", "D","E"
Pls reply through or via my Emsi Id "pkk2458 @ gmail.com
The Hindu Succession Act is applicable to Hindus, Jains, Buddhists, and Sikhs. It takes into consideration that the deceased shall have a different class of heirs and such different classes shall have different stakes over the property. These classes are
Class I Heirs:
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Widow
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Son
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Daughter
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Mother of the intestate
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The heirs of pre-deceased children of the intestate (which shall include the widow, sons, daughters of the predeceased children as well)
Class II Heirs:
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Father
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Grand Parents
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Grand Children
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Brother
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Sister
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Other relatives
Agnates: These are the blood relations to the deceased through males. For example bother’s son, brother’s daughter, son’s son, etc.
Cognates: These are the blood relations to the deceased through females. For example sister’s son, sister’s daughter, daughter’s son, etc.
In the case where a Hindu male passes away the following shall take place
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The Class I heirs get equal shares
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In case of no Class I heirs it shall be equally divided amongst Class II heirs
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In case of no Class I or Class II Heirs the property shall be divided amongst the Agnates and then the Cognates.
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If none of the above-mentioned heirs exist then the property shall pass on to the Government and this is known as Escheat.
https://www.myadvo.in/blog/inheritance-rights-in-india/
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