Many people use the terms heir, inheritance, and beneficiary quite loosely without fully understanding the difference between them. Typically, in India, a person that acquires or inherits property and/or assets can divide the same among all his/her legal heirs under different laws as per the government. The person that receives this property or asset is called the heir while the actual property or asset is termed as an inheritance. In this article, you will get in-depth information and knowledge on the concept which will shed some light on all types of possibilities on heirs and their right to the said inheritance. It includes consequent rules on the same which include property rights, property rights of a daughter, property rights of a daughter-in-law, self-acquired property, property rights of a widow, and private property rights.
Who is an Heir?
An heir is an immediate relative such as a son, daughter, brother, sister, aunt, uncle, the parent that is legally entitled to claiming or receiving an inheritance from the deceased owner’s ancestral property and/or assets in cases when a legal will has not been made. Sometimes, the heir can also be a far-off relative if no immediate family member is making any claims. There are numerous cases of disputed properties covering two-thirds of the pending cases in the Indian courts. If a will has not been made, a property ideally is transferred to the closest relative that is still living. This can be transferred to distant living relatives if the closest member is not alive either. Typically, a surviving spouse or a registered partner is given priority even though it is not a strict law. In terms of marital property, the spouse will get to be the beneficiary of that asset more often than not.
The Supreme Court of India (SC) has recently passed a law that owning an asset or property is a human right that no one can dispossess without a valid reason. Because of this, the law does recognize and give the benefit of giving the property to the legal heir. The Hindu property rights claim that this heir can be a man or a woman and no distinction is done for the same, independent of what religion, case, or other social norms he or she may believe in. Once the owner has met his death, any claims become the responsibility of this heir.
In order, the property is first given to the living partner and/or the children and grandchildren, both adopted as well as biological. In case the children in question are not alive, their parents then get rights to the same. In cases where even the parents are not alive, then extended family members such as aunts, uncles, cousins, etc. get their hands on it. In cases where are no claims on the right to a property, it then goes to the state. This is called escheatment.
In terms of how much is to go to whom and how it is divided among the several heirs, if more than one, the government levied laws come into place and the court then decides based on information on who is the final appointed beneficiary.
An unmarried partner regardless of the length of the relationship is not entitled to anything legally. If a will is made, then he or she would get their right but in case of no will, only the legal partner will be the beneficiary. Friends, stepchildren, foster children, divorced partners, mother-in-law, father-in-law, etc. are also not entitled to any inheritance.
Who is Termed as a Beneficiary?
When a property owner makes a legal will, the person who has been named in it becomes the beneficiary. This is a person appointed by the property owner to legally possess his/her assets after his death. While beneficiaries are often immediate family such as spouses, children, siblings, etc., this is not necessarily the case. A beneficiary need not be an heir and can be a friend, unmarried partner, adopted child, foster child, cousin, etc. Funnily enough, even a family pet can be the beneficiary if stated in the will! While heirs are legally entitled to unclaimed property, beneficiaries trump heirs, meaning if the will is made, a property can go to a romantic partner instead of a legal spouse and a friend instead of a son. This makes the process of making a legal will extremely important.
What is an Inheritance?
Quite obviously, an inheritance is termed for the ancestral property, asset, jewelry, cash, shares, and other things that are transferred to the beneficiary or heir when the owner dies. The actual tangible assets and immovable property are referred to as inheritance. Exclusively used in the context of succession, inheritance directly related to the Hindu Succession Act is an essential law to understand and is explained in detail below.
Hindu Succession Act
Applying to all Hindus, Jains, Sikhs, and Buddhists, the Hindu Succession Act (HSA) covers inheritance-related issues as per religion. People who have been born out of wedlock as well as those who have voluntarily converted their religion are included and considered as heirs according to the Hindu Succession Act. However, certain communities like Muslims and Christians are not covered under this act as those religions have their laws to determine who would be the heir in their cases. Essentially, this action is taken into consideration when a Hindu person dies without leaving a legal will after which the succession is completely dependent on the ruling as per the act. The following mentioned bullets will give you a clearer picture of how HSA classifies different levels of heirs thereafter making the final decision.
Class 1 Heirs
Class 1 heirs are considered the top of the line in terms of priority and the people falling into this category include;
Ø Daughter
Ø Son
Ø Mother
Ø Son of a deceased son (i.e grandson)
Ø Widow
Ø Daughter of a deceased son (i.e granddaughter)
Ø Widow of deceased son
Ø Son of a deceased daughter (grandson)
Ø Daughter of a deceased daughter (granddaughter)
Ø Great-grandson (in case fathers are deceased)
Ø Great-granddaughter (in case fathers are deceased)
Ø Widow of great-grandson
Class II Heirs
The second highest priority goes to the following mentioned relatives;
Ø Son’s daughter’s son (grandson)
Ø Father
Ø Son’s daughter’s daughter (granddaughter)
Ø Brother
Ø Sister
Ø Daughter’s son’s daughter (granddaughter)
Ø Daughter’s son’s son (grandson)
Ø Daughter’s daughter’s son (granddaughter)
Ø Daughter’s daughter’s daughter (granddaughter)
Ø Brother’s son
Ø Sister’s son
Ø Brother’s daughter
Ø Sister’s daughter
Ø Brother’s daughter
Ø Sister’s daughter
Ø Father’s father (grandfather)
Ø Father’s mother (grandmother)
Ø Brother’s widow
Ø Father’s widow
Ø Father’s brother
Ø Father’s sister
Ø Mother’s father
Ø Mother’s mother
Ø Mother’s sister
Agnates
Agnates refer to all relations through males but neither by adoption nor by blood. In the case of two heirs, the nearer in line in terms of hierarchy is given the preference. This depends on the closeness to the common ancestor. In case it is not determined that which of the heirs are rightfully near, the inheritance gets equally divided.
Cognates
Cognates refer to all relations through females, just like in agnates. In this case, also, the nearer of heirs are given the preference, or then the property is equally divided.
Daughter’s Inheritance According to the Hindu Succession Act
Since 2005, daughters are given equal rights as sons as per the Hindu Succession Act, eradicating the patriarchal mindset of the country. Now whether the daughter is married or unmarried, she is entitled to be an heir to ancestral property. Earlier, this would stand true if the father, as well as the daughter, were alive until 2005 but since 2018, daughters can now hold the same right even if their father has passed away.
Inheritance of a Mother on her Son’s Property
A son’s property can be claimed by his mother in case of his death. These property rights entitle the mother to an equal share of the said property even though he has left a wife and child/children behind. Under this rule, in case the mother who has acquired the property does not make a will, that property can then be claimed by her legal heirs.
The Right of an Adopted Child to a Property Inheritance
Property inheritance of an adopted child is the same as that of a biological child. Considered within the Class I category, an adopted child would legally be entitled to the property, unless the father was involved in a crime that disqualified him from succeeding any owned property to any heir.
The Rights of an Abandoned First Wife
If a Hindu man remarries without divorcing his first wife, his first wife along with any children would be considered the lawful heirs. In case of the divorce is official, then the separated partner would have no claim.
The Rights of the Second Wife
Inheritance of the second wife stays intact under the Class I category as long as the first wife is either divorced or deceased before the marriage took place. Her children would also have the same rights to their father’s inheritance.
In Case of Religious Conversion
The impact of religious conversion on inheritance would not affect the heir in claiming his/her inheritance. The Cast Disabilities Removal Act has eradicated the concept of waiving inheritance rights in case someone decides to change their faith. Only if the son or daughter converts to a faith outside of Hinduism, they then lose their rights to any inheritance.
The difference between an heir and what we call an inheritance has deeply been explained in this article. The different laws stated by the government safeguard many family members from losing what is rightfully theirs and ensures protection.
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Frequently Asked Questions (FAQ’s)
1. In case a wife dies, what is her husband's right on her property?
The inheritance of a man on a deceased wife’s property only comes into play once she is dead. While she is alive, he has no legal right to it. In case they have children, the children would also have a right on the same property. The hierarchy of this would depend on what the HSA decides in case of a dispute, but more often than not, the spouse or legal partner always gets the first preference.
What are the rights for widows in terms of inheritance?
Property rights and inheritance of widows under the HSA states that she has a right to her deceased husband’s property as long as she is not remarried. In case she is remarried, she then does not have any claim on that property which then goes to the next successor
Can criminals claim inheritance?
While petty thefts and small crimes are not taken into consideration, those who have committed serious offenses and felonies lose their right to any inheritance as heir. Murder, acts of terrorism, serious drug dealing, homicide, manslaughter, etc. are some of the serious crimes that would be considered serious enough to veto any right.
Do partners of live-in relationships get any rights?
While live-in relationships are not considered legal, if it has gone on for many years, the law does give them some recognition. In case there are children from this relationship, they also do earn the right due to being related by blood on their father’s or mother’s property. However, there isn’t much clarity on whether an unmarried partner would get any benefits unless a will is made, so it is best to protect such relationships with the accurate and legal paperwork needed along with signatures. The beneficiaries would then have no trouble claiming what is rightfully theirs
Is inheritance of half-blood children recognized?
The child whose parent was the owner of the property would earn the right to be the legal heir. However, in case a wife passes away, her half-blood child would not have a right on her husband’s property over his children and vice versa.
