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Estate planning to protect the rights of daughters

Hindu Personal Law

The Hindu Succession Act of 1956 codifies the law of intestate succession for Hindus, which includes Buddhists, Jains, Sikhs, and members of the Arya Samaj.

The provisions of the Hindu Succession Act regarding the devolution of property, however, differ for men and women. According to Section 8 of the Hindu Succession Act, Class-I heirs, which include a man’s mother, wife, and lineal descendants, have the first claim to his property. Class-II heirs, who include a man’s father, siblings, lineal descendants of those siblings, and the siblings of his parents, have a claim if there are no Class-I heirs left alive.

The Hindu Succession Act stipulates that the majority of a man’s property be preserved within his birth family. The distribution of assets that a woman inherits from her husband, his family, and her mother and father is governed by Section 15(2) of the Hindu Succession Act. If a widow passes away without having children, whatever assets she inherited from her husband or his family are returned to the husband’s heirs under Section 15(2)(a) of the Hindu Succession Act. A woman’s other assets are covered by the overall devolution plan provided under Section 15(1) of the Hindu Succession Act.

Source: Barandbench

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