heirs and glossary with succession

HEIRS AND GLOSSARY WITH RESPECT TO SUCCESSION LAWS

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Executor- S.2(c) of the Indian Succession Act:

It means a person to whom the execution of the last will of a deceased per son is, by the testator's

appointment, confided.

Administrator - S.2(a) of the Indian Succession Act:

A person appointed by the competent authority to administer the estate of a deceased person in the

absence of an executor.

Escheat - S.29 of the Hindu Succession Act:

(Doctrine of bona Vacantia): Transfer/Reversion of estate assets or property to the State in the event that

an individual dies intestate or without a will and legal heir s. This means property always has a recognized

owner, which would be the State or Government, should there be no other claimants t o ownership or

should they not be readily identif ied.

Bequest of Property - The act of giving personal property or moneysuch as stocks, bonds, jewellery and

cash left to an individual or organization through the provisions of a will or estate plan. Bequests may be

made to family, friends, institutions or charities.

Agnates - S. 3(a) of the Hindu Succession Act, 1956.

2 persons related to each other by blood or adoption but wholly through males.

Cognates - S. 3© of the Hindu Succession Act, 1956.

2 persons related to each other by blood or adoption but not wholly through males.

Full-blood heirs - S. 3(e) of the Hindu Succession Act, 1956.

2 persons who have descended from a common ancestor by the same wife.


HEIRS AND GLOSSARYWITH RESPECT TO SUCCESSION LAWS

Half-blood heirs - S.3(e) of the Hindu Succession Act, 1956.

2 persons who have descended from a common ancestor, but from different wives.

Uterine-blood heirs - S.3(e) of the Hindu Succession Act, 1956.-

2 persons who have descended from a common ancestress but by different husbands.

MUSLIM SUCCESSION LAW


SUCCESSION UNDER MUSLIM LAW

Codification of 4 sources of Islamic law, namely:

• The Holy Koran

• The Sunna — the practice of the Prophet.

• The Ijma — the consensus of the learned men of the community on what should be the decision on a

particular point.

• The Qiya — an analogical deduction of what is right and just in accor dance with the good principles

laid down by God/Allah.

TYPE OF LEGAL HEIRS -

1. SHARER - is entitled to a fixed prescribed portion of the deceased's estate irrespective of anything

(Exception: Rule of Awl and Radd).

2. RESIDUARY- is entitled to what is left once the Sharers have taken their specified shares.

3. The Sharers are 12 in number (for Sunnis), namely as follows:

1. Husband

2. Wife

3. Daughter

4. Daughter of a son (or son's son or son's grandson and so on)

5. Father


MUSLIM SUCCESSION LAW

RULE OF AUL/AWL AND RADD OR THE DOCTRINE OF INCREASE:

As per the law,

If a Muslim lady dies leaving behind her husband, her full sist er and her consanguine sister,

● the share of the husband is 1/2

● the share of the full sister is 1/2

● the share of the consanguine sister would be 1/6

Now this doctrine says when the total of the shares is more than unity (here 1/2 + 1/2 + 1/6 = 3/6 + 3/6 +

1/6 = 7/6 > unity). In such cases the normalization has to take place in the ratio of 3/7 : 3/7 : 1/7.

Example – If the total kitty is 1.4 crore than the normalized distribution will be

60lacs : 60 lacs : 20 lacs

6. Paternal Grandfather

7. Mother

8. Grandmother on the male line

9. Full sister

10. Consanguine sister

11. Uterine sister

12. Uterine brother.

HINDU SUCCESSION LAW


APPLICABILITY OF THE HINDU SUCCESSION ACT, 1956

The Hindu Succession Act applies to: To any person, who is a Hindu by religion in any of its forms, to any person who is Buddhist, Jain or S ikh by religion, and;

To any other person who is not a Muslim, Christian, Par si or Jew by religion unless it is proved that any such person would not have been governed by the Hindu law or by custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

GENERAL RULES OF SUCCESSION - MALE HINDU

The property of the male Hindu dying intestate will devolve in the following manner:

• Firstly, upon all the heirs, being the relatives specified in Class I;

• Secondly, if there is no heir of Class I, then upon heir s being the relatives specified in Class II;

• Thirdly if there is no heir of any of the classes, then upon the agnates of the deceased and;

• Lastly, if there is no agnate, then upon the cognates of the deceased

GENERAL RULES OF SUCCESSION – FEMALE HINDU

The property of a female Hindu dying intestate shall devolve in the following manner:

• Firstly, upon the sons and daughters (including the children of any predeceased son or daughter) and the husband;

• Secondly, upon the heirs of the husband;

• Thirdly, upon the mother and father;

• Fourthly, upon the heirs of the father and;

• Lastly, upon the heirs of the mother


HINDU SUCCESSION LAW

FOLLOWING ARE THE LIST OF HEIRS CLASS WISE:

CLASS 1 HEIRS

I. Mother

II. Widow

III. Daughter

IV. Son

V. Widow of a Pre-deceased son

VI. Son of a Pre-deceased son

VII. Daughter of a Pre-deceased son

VIII. Widow of a Pre-deceased son of a Pre- deceased son

IX. Son of a Pre-deceased son of a Pre-deceased son

X. Daughter of a Pre-deceased son of a Pre-deceased son

XI. Daughter of a Pre-deceased daughter

XII. Son of a Pre-deceased daught er

XIII. Son of a Pre-deceased daught er of a Pre-deceased daughter

XIV. Daughter of a Pre-deceased daughter of a Pre-deceased daughter

XV. Daughter of a Pre-deceased son of a Pre-deceased daughter

XVI. Daughter of a Pre-deceased daughter of a Pre-deceased son

CLASS 2 HEIRS

I. Father

II. Son’s daughter’s son

III. Son’s daughter’s daughter

IV. Brother (full blood or half-blood)

V. Sister (full blood or half-blood)

VI. Daughter’s son’s son

VII. Daughter’s son’s daughter

VIII. Daughter’s daughter’s son

IX. Daughter’s daughter’s daughter

X. Brother’s son (full blood or half-blood) (uterine blood excluded)

XI. Brother’s daughter (full blood or half-blood) (uterine blood excluded)

XII. Sister’s son (full blood or half-blood) (uterine blood excluded)

XIII. Sister’s daughter (full blood or half-blood) (uterine blood excluded)

XIV. Father’s father.

XV. Father’s mother.

XVI. Father’s widow.

XVII. Brother’s widow.

XVIII. Father’s brother/sister

XIX. Mother’s father/mother

XX. Mother’s brother/sister

1.

2.

3.

4.

5.

6.

1.

2.

3.

4.

5.

6.

7.

WILLS, LAWS AND SUCCESSION


This lesson tells us about the series of laws related to wills and successions. It gives a brief why and what is important to make a will and how to go about it.

Understanding about this you have to learn a lot of terms.

WHAT ARE THE DIFFERENT TYPES OF WILLS?

• Conditional Wills - A will made to take effect on the happening of a condition.

• Joint Will - 2 or more persons can make a joint will. It will take effect as if each has properly executed a Will as regards to his own property.

• Mutual Wills - A will is mutual when two testators confer on each other reciprocal benefits.

• Privileged Wills - A special category of wills wherein a soldier in actual w arfare/service or an airman or a mariner may pronounce his will orally before 2 witnesses.

• Concurrent Will: This is generally used by a testator for disposition of properties in different countries and all the wills are to be treated as independent of each other.

• WILL: Means the legal declaration of the int ention of a person with respect to his property, which he desires to take effect after his death.

• TESTATE: If a person dies with a valid will and testament, he is said to die testate.

• INTESTATE: If a person dies without a valid will and testament, he is said to die intestate.

WHAT IS A CODICIL?

• An instrument made subsequently in relation to a will, and explaining, altering or adding to its dispositions and shall be deemed to form part of the will (S. 2(b) of the Indian Succession Act, 1925).


WHAT ARE THE ESSENTIALS OF A VALID WILL?

1. There should be a legal declaration in writing by the Executant in conformity with Section 63 of the Indian Succession Act, 1925.

2. The Testator should be competent (i.e. a person of sound mind who is not a minor) to make a will. An insane person in a lucid interval of sanity can make a will, so can foreigners and convicts - Section 59 of the Indian Succession Act.

3. The Testator must be medically fit to make a will.

4. The will must be detailed and specific.

5. The will must be attested by 2 or more witnesses.

6. The testator should be free from undue influence/ fraud/coercion.

WILLS, LAWS AND SUCCESSION

WHAT IS A PROBATE?

• Applying for the right to deal with a deceased person’s affairs i.e.

‘administering the estate’ (Ss. 2(f), 213 and 222 of the Indian, Succession Act.

WHAT IS A LETTER OF ADMINISTRATION (LOA)?

• If a person dies intestate or fails to appoint an executor, the beneficiaries may have to apply to the concerned Court for an LOA for apportionment of immovable properties (S. 218 of Indian Succession Act, 1925).

WHAT IS A SUCCESSION CERTIFICATE (SC)?

• If only moveable properties are left behind by the deceased person, then the beneficiaries can apply for an SC.

WHAT DO YOU REQUIRE TO GET YOUR WILL REGISTERED?

• 2 copies of the will printed on plain white sheets.

• Court fees to be given which is in accordance to the value of the property along with a nominal Registration Fee.

• 2 Photos of the testator.

• Original and Photocopies of Aadhaar Card and PAN Card of the testator and both the witnesses.

Print out of the Acknowledgement Receipt of the Application

*Sample Will annexed

LAST WILL AND TESTAMENT


KNOW ALL MEN BY THESE PRESENTS that this LAST AND FINAL WILL, TESTAMENT, CODICIL of mine i.e. XXXXXXXXXXX aged 67 years (having Aadhar No. XXXXXXXXXXXXXXXX and PAN No. XXXXXXXXXXXX), daughter of SHRI XXXXXXXXXX, resident of XXXXXXXXXXXXXX is made on this day of March 2018.

WHEREAS I, XXXXXXXXXXXXX {d/o SXXXXXXXXXXXXXX resident of XXXXXXXXXXXXXXXXXXXX, India} am the current sole, absolute, exclusive owner and I have the sole/absolute/exclusive physical possession of the:

a. Entire Second Floor of property bearing no. XXXXXXXXX comprising of 4 Bedrooms with attached toilet, One Drawing cum Dining Room, One Kitchen, Lobby, Family Loung, Front and Rear Balconies, One Servant Quarter with right to use common W.C. on the top terrace, and;

b. One Car parking space in the driveway inside the building alongwith;

c. 33 % of the undivided, indivisible and impartible ownership rights in the said plot of land measuring 418 square yards bearing no. XXXXXXXXXXXXXXXX with all rights, title and interest, easements, privileges and appurtenances thereto, with all fittings and fixtures, connections, structure standing thereon, with all rights in common driveway, entrances, passages, staircase and other common facilities and amnesties provided therein,

(All hereinafter together referred to as the “said property”).

AND WHEREAS the plot of land bearing no. XXXXXXXXXXXXXXX (hereinaf ter referred to as the “said plot”) was acquired by two persons namely one Shri. C.L. Gaur S/o of Shri Shambhoo Ram and one Shri Krishan Kumar Gaur S/o of Shri. C.L. Gaur from the President of India, through the Government Servants Cooperative House Building Society Limited via a Perpetual Sub-lease deed dated XXXXXXXxx, duly registered as Document No. XXX, in Addl. Book No. I, Volume No. 2801, on pages 98 – 104, on XXXXXXXXXXXX in the office of Sub-Registrar, New Delhi.

AND WHEREAS a residential building on the said plot was constructed by Shri. XXXXXXXX and XXXXXXXXXXXXX comprising of Basement, Ground Floor, First Floor with garage block with their own funds and resources after getting the building plan sanctioned from D.D.A. vide their file No. XXXXXXXXX Bldg. dated XXXXXXXXX and also obtained Occupancy Certificate thereof from D.D.A. vide their file No. XXXXXXXX Plan No. XXXXXXXX dated XXXXXXXXXX



AND WHEREAS Shri. XXXXXXXX died intestate leaving) behind his 6 legal heirs namely XXXXXXXX (widow), XXXXX (son), XXXXX (son), XXXXX (son), XXXXX XXXXX (daughter), XXXXX (daughter). Consequent on his death, his half share in the undivided said plot de volved upon them, absolutely to the extent of 1/2th undivided share each. Subsequently, on the death of Smt. XXXXX W/o Shri. XXXXX, her share in the undivided said plot also equally devolved upon her five above named legal heirs.

AND WHEREAS in the manner aforesaid, the following persons became the absolute owner/sub- lessees of the said plot in the following ratio: XXXXX (son) – 60 % , XXXXXX (son) - 40 %.

AND WHEREAS the said plot was mutated in the joint names of XXXXX owners/sub-lessees in the record of D.D.A. on dated XXXXX.

AND WHEREAS thereafter, the said plot was converted from being leasehold to a freehold one on payment of conversion charges and a Conveyance Deed on dated XXXXX was executed in favour and in the names of all in the office of the Sub-Registrar, Sub Ditsrict No. XXXXX New Delhi as document no. XXXXX, entered in Addl. Book. No. I, Vol. No. XXXXX on Pages No. XXXXX.

AND WHEREAS XXXXX sold and transferred his entire 100 % rights in the undivided said plot to one XXXXX (P) Limited Company, duly incorporated under the Companies Act, 1956 having its registered office a t XXXXX vide Sale Deed dated XXXXX, duly registered as Document No. XXXXX in Addl. Book No. I, Vol. No. 8, on pages XXXXX in the Office of the Sub- Registrar- IX, South – West, New Delhi.

AND WHEREAS upon purchase of the said plot, XXXXX (P) Limited Company demolished the existing old structure and reconstructed/redeveloped a residential building on the said plot, comprising of Ground Floor, First Floor, Second Floor with terrace and became the sole and absolute owner in possession of the said plot.

AND WHEREAS the said property on the said plot was purchased by me, namely XXXXX from the XXXXX (P) Limited Company for a due and valuable consideration vide Sale Deed dated XXXXX, duly registered as Document No. XXXXX, in Addl. Book No. I, Vol. No. XXXXX, on pages XXXXX in the Office of the Sub- Registrar- IX, South – West, New Delhi. Subsequently, the said property was also mutated in my name i.e. XXXXX on on XXXXX

AND WHEREAS in the manner aforesaid, I, XXXXX, the TESTATOR herein became the sole, absolute and exclusive owner of the said property on the said plot. I, the TESTATOR have full right, absolute authority and right to make this will, and no one else except me i.e. the TESTATOR has any right, claim, title or interest in the said property on the said plot.

WHEREAS the TESTATOR hereby assures, represents and covenants the following:

A) That the said portion of the said residential property is free from all encumbrances such as sales, gif t, mortgage, disputes, litigation, acquisition, attachment in any decree of court, lien, court injunctions, Will, Trust, Exchange, legal flaws, claims, prior agreement to Sell, etc. whatsoever or howsoever.

B) That there is no order of attachment by the Income Tax Authorities or any other authorities under the law for time being in force or by any other authority nor any notice of acquisition or requisition has been received



C) That excepting the TESTATOR nobody else have any right, title, interest, claim or demand whatsoever or howsoever in respect of the said property.

D) That there is no legal impediment or bar whereby the TESTATOR can be prevented from making this will, transferring and vesting the absolute title of the said residential property.

E) That there is no subsisting agreement for sale and the same has not been transferred in any manner whatsoever, in favour of any person or persons.

F) That there is no notice of default or breach on the part of the Testator of any provisions of law in respect of the said property.

AND WHEREAS I am executing this last and final will and testament of mine voluntarily in sound health and disposing state of mind and without any fear, threat, undue influence, coercion, compulsion or pressure from any source. I hereby revoke all former wills, codicil, and testamentary disposition (if any) made by me, registered/unregistered which may be treated as null and void.

AND WHEREAS life is uncertain and God knows when one may cease to exist and hence, I am executing this last and final will and testament of mine. I, XXXXX am lucky to be blessed with two daughters namely:

a. XXXXX D/o XXXXX, aged 40 years, R/o XXXXX holding Passport No. XXXXX, currently holding Singapore Identity Card (NRIC) No. S XXXXX dated XXXXX and Aadhar Card No. XXXXX and currently residing at Apartment No. XXXXX (having Mobile No. XXXXX and e-mail id XXXXX) and;

b. XXXXX D/o XXXXX, aged 40 years, R/o XXXXX holding Passport No. XXXXX, currently holding American Green Card (US CIS Card) No. XXXXX and Aadhar Card No. XXXXX currently residing at XXXXX (having Mobile No. XXXXX and e-mail id XXXXX) and;

Mrs. XXXXX(owner-in-possession)

Mrs. XXXXX(Daughter 1)

Mrs. XXXXX(Daughter 2)



AND WHEREAS both my daughters namely Mrs. XXXXX and Mrs. XXXXX are very respectful and affectionate towards me and they both have always performed all their parental obligations and duties towards me, and continue to do so.

NOW THEREFORE, THIS WILL WITNESSETH AS FOLLOWS:-

1. That the engagement and condition of this will is that so far as I am alive I shall remain the sole and absolute owner of the said property including Entire Second Floor of property bearing no. XXXXX comprising of 4 Bedrooms with attached toilet, One Drawing cum Dining Room, One Kitchen, Lobby, Family Lounge, Front and Rear Balconies, One Servant Quarter with right to use common W.C. on the top terrace. I shall have full power of disposition over this said property and shall be entitled to realize and receive the benefits/rent/sale proceeds accruing from the said property.

2. That after my death, I hereby bequeath the entire said immovable property to both my daughters namely Mrs. XXXXX and Mrs. XXXXX in equal share.

3. That the Property tax/House Tax, electricity and water dues should be borne by both my daughters namely Mrs. XXXXX and Mrs. XXXXX in equal share.

4. That I also hereby bequeath all my investments, bonds, post office investments, fixed deposits, insurance, savings and recurring bank accounts proceeds to both my daughters namely Mrs. XXXXX and Mrs. XXXXX, in equal share, the details of which have been specified herein below:

a. HSBC Bank, South Extension, Part I, New Delhi – 110057, India - 1 Savings Bank Account and Mutual Funds.

b. Post Office C Block Market, Vasant Vihar, New Delhi – 110057, India – National Savings Certificates; Public Provident Fund (PPF); Savings Bank Account; Recurring Deposit; Senior Citizen Saving Scheme; Kisaan Vikas Patra.

5. That I hereby specifically bequeath my lockers in the manner specified herein below: The ICICI Bank Locker, XXXXX, XXXXX, New Delhi and XXXXX Bank Locker to my daughter Mrs. XXXXX and the Bank of India Locker, XXXXX XXXXX New Delhi, India to my daughter Mrs. XXXXX.

6. That I also bequeath all my furniture, fixtures, fittings, carpets, paintings, pictures, drawing and things and all other articles of personal, domestic or household use of decoration, consumption placed in the said property to both my daughters namely Mrs. XXXXX and Mrs. XXXXX in equal share.

7. That this last and final will made by me, Mrs. XXXXX shall supersede all the nominations and names (if any) entered in the banks, insurance policies, investments, fixed deposits, post office investments and saving/recurring bank accounts by me.

8. That no third party namely from my family or from outside my family except my two daughters namely Mrs. XXXXX and Mrs. XXXXX will have any legal right on this property in whatsoever condition. No Third Party from my family or from outside my family including will have any legal right to challenge/oppose/contest this last and final will bequeathed and made by me.



In witness whereof, I have set my hands on the said document and completed the execution in the presence of witnesses on the day of month of 2018 as mentioned above.

TESTATOR

Smt. XXXXX

WITNESSES:-

1.

S/o

R/o

Aadhar No.

Mob:

ID No.

2.

S/o

R/o

Aadhar No.

Mob:

ID No.

heirs and glossary with succession

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