Legal Question in Wills and Trusts in India
I need explanation on Section 10 of Hindu Succession Act, 1956. Whether upon death of a male Hindu, intestate, property shall be divided as per the 4 rules mentioned therein. My question is if male Hindu's widow (referred in Rule-1) gets entire property of her husband or she gets only 1/4th share and balance 3/4th to be distributed amongst the heirs mentioned in Rule-2 to Rule-4?
2 Answers from Attorneys
All the legal heirs in the first order will share equally. Means mother, brothers and sisters.
919555462995
14.03.2014
Dear Sir / Madam,
Central Government Act
Section 10 in The Hindu Succession Act, 1956 reads :
10. Distribution of property among heirs in class I of the Schedule. The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-
Rule 1.- The intestate' s widow, or if there are more widows than one, all the widows together, shall take one share.
Rule 2.- The surviving sons and daughters and the mother of the intestate shall each take one share.
Rule 3.- The heirs in the branch of each pre- deceased son or each pre- deceased daughter of the intestate shall take between them one share.
Rule 4.- The distribution of the share referred to in Rule 3--
(i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together), and the surviving sons and daughters get equal portions; and the branch of his pre- deceased sons gets the same portion;
(ii) among the heirs in the branch of the pre- deceased daughter shall be so made that the surviving sons and daughters get equal portions.
Regards,