Skip to main content

Rules OF Partition under Mitakshara Law

Rules OF Partition under Mitakshara Law


Hindu Succession Act 1956 does not apply to the property of a Hindu who is married under the SMA to a non-hindu. HSA is dealing separate properties of mitakshara male, the separate and coparcener properties of Dayabaga male and the undivided interest in the joint family property of a mitakshara coparcener.


Heirs to a Hindu male (Mitakshara coparcener) fall under five categories:

  1. Class 1 heirs : Mother, widow, daughter, son, widow of a predeceased son, daughter of a predeceased son, son of a predeceased son, widow of a predeceased son of a predeceased son, son of a predeceased son of a predeceased son, daughter of a predeceased son of a predeceased son, daughter of a predeceased daughter, son of a predeceased daughter, daughter of a predeceased daughter of a predeceased daughter, son of a predeceased daughter of a predeceased daughter, daughter of a predeceased son of a predeceased daughter, daughter of a predeceased daughter of a predeceased son. Sec 10 deals with distribution of the property of the person who has died intestate among the class 1 heirs. 

  • Sons, daughters, mother of the propositus will each take one share. 

  • The widows take one share cumulatively and divide it equally among themselves. 

  • Among the heirs of the branches of a predeceased son, son of a predeceased son of a predeceased son and predeceased daughter, doctrine of representation will apply that means heirs in each branch will take the same share which their parent would have taken. 


  1. Class 2 heirs : Father is the first category because father is the karta and is not thought to be dependent. There are total 9 categories. 


  1. Agnates : one who is related to the person in question by males. Sec. 8 of HSA does not give a list of agnates as in which order they re entitled to succeed but Sec. 12 lays down rules of preference. Sec. 13 lays down the rules for determining the order of succession. 

Degrees of ascent and descent is calculated from the person who is dying. Each generation is going to constitute one degree (13(2)). 

For eg : A - B - C - D, if D is dying, A will be 4 degrees ascent from D and if A is dying, then D will be 4 degrees descent from A.

As per Sec 12 Rule 1

In case of brother A who has son X who has a daughter Y and paternal uncle’s son B, Y will be preferred. This is because Y will be written as father’s son’s son’s daughter and B will be written as father’s father’s son’s son. Y has two degrees of descent and B has three degrees of ascent,


Rule 2

Eg- In case of brother’s son’s daughter and brother’s son’s son’s daughter, the brothers will be collateral agnates. There is common two degree of ascent and 3 degrees of descent in former and 4 degrees of descent in latter, hence, brother’s son’s daughter will be preferred. 


Rule 3:

In case of son’s son’s son’s son and son’s son’s son’s daughter, both first sons stand in the same degree of descent and there is no degrees of descent. Therefore, neither will be preferred per se. 


  1. Cognates


  1. Government : if a Hindu male on his death does not leave behind any of the above mentioned categories and does not will it to anybody else, then the entire property devolves on to the government. This is called escheat. It takes the property with the obligation and liabilities of the person who is dying.

Comments

Popular posts from this blog

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

Send Legal Notice for Divorce

 India being a secular country derives a large part of its laws from various religious practices. One such area of law is Divorce law of India. A divorce case in India can be initiated by either party based on the procedure relevant as per the law applicable to the parties. However, the procedure for divorce always starts with sending a legal notice.   Either party can send a legal notice to the other spouse intimating his/her intent to initiate legal proceedings for divorce. Sending a legal notice acts as a formal way of communication by one party to the other acting as a warning and at the same time creating chances for a last attempt for conciliation, if possible. Connect with an expert lawyer for your legal issue   What is a legal notice for divorce? A legal notice refers to a formal communication to a person or the opposite party in a case, informing him/her about one’s intention to undertake legal proceedings against him/her. Therefore, a legal notice for divorce is a formal inti