Inheritance of properties in India for Non Resident Indians
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- Опубликовано: 19 окт 2024
- When property received from a deceased person, either by state laws of intestate succession or through will, where the deceased has not executed a valid will.
How do you claim inherited property India?
There are two way by which a property can be inherited.
1. Through a Will.
2. By way of state law of intestate succession :- Where a person dies without making a will then his property will pass among his legal heirs by the laws of intestate succession.
Which laws governs inheritance for the property in India?
Laws in India is applicable for inheritance
Hindu succession act 1956 :- This act is applicable on succession without a will among Hindus inclusive of Buddhists, Jains and Sikhs.
Indian succession act 1925 :- This act applicable for transfer of property by way of a will. A person can transfer his own property to any person he wants to transfer by making a will.
Who can inherit, when there is no Will in India?
When a person dies intestate which means without making a Will.
As per Hindu law, PROPERTY OF A MALE is given to Class-I legal heirs which includes like spouse, mother, children and their successors. The sons, daughters, and parents will have equal shares in the property. A spouse i.e. widow/widower will also be entitled to one of the share.
The wish of a person with respect to division of his or her property is done legally through a Will. Hence, anyone who wishes to transfer their property NOT as per the law of inheritance applicable to them can do so through creating a Will.
IF A FEMALE HINDU DIES WITHOUT MAKING A WILL -
The distribution of property of the hindu female is done according to the provisions of section 15 of the hindu succession act in the following preference :
1. First preference is given to the sons and daughters including children of predeceased son or daughter , and husband (class 1 heirs) and if there are no class 1 heirs then the property gets divided among the following
2. Heirs of the husband
3. Father and mother
4. Heirs of the father
5. Heirs of the mother
If that property is inherited by the woman by her father or mother (parents) then it goes to the heirs of her father and mother and not among the heirs of the husband.
As per 2005 Amendment in Hindu Succession act, daughters have equal right to inherit ancestral property as that of the son.
What rights do women have in an inheritance?
Initial women have no share in an inheritance of property. But after the amendment a daughter now has an equal right in the property left behind by their fathers as that of son. This rule only applies to the properties left behind after 2005. Therefore, if any person had passed away before 2005 the daughter cannot be able to claim an equal share in the property. She is entitled to a certain amount of maintenance if she is unmarried.
Can a widow inherit property if she is remarried?
Yes, if a person dies and have left behind a widow, then she will be able to claim a share in the property even if she has remarried.
Do the same rules of succession and inheritance apply to everyone?
The rules of succession is differ between religions in India. So that succession works differently for Hindus, Muslims, Christians, Parsis and Jews. However, the rules of Hindu succession are also applied to Jains, Buddhists, Sikhs and any other person who is not a Christian, Muslim, Jew or Parsi by religion.
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very informative and helpful, please make more similar videos.
Will be great if the speed of the narration in the video can be increased to make it more useful. Thanks.
Hi
Last 3 yrs I am fighting my inheritance right with my family
I also contacted many lawyer during this process and prima facia everyone assure me that I will get the justice
Most property of NRI's before they can claim it has already been transferred to someone else in the State's records. That has been my experience. The property was transferred illegally in a third parties name, a loan availed against it sanctioned by the Central Bank of India and finally when we tried to claim it the borrower just disappeared and was not found.Central Bank's Manager filed a suit against the borrower and then demanded that we pay off the Loan of 25 lakhs plus interest and it took years to get the case resolved. Most Bank Managers work hand in gloves with fraudsters.
Can a daughter claim the father's ancestral properties if she married to a Nepali man? And she is window now.
I really need a answer for this question? Plzz
Correction: In Muslim personal law if wife dies leaving husband and children behind, all of them are the inheritors from her assets.
If you could have made the whole video in English and not half english and half Hindi, it would have been better for the non Hindi speaking/understanding viewers. Thanks.
Watch at 2X speed
What about Succession of one of the sons to Agricultural land that is patriarchal property.
Please send your query to query@legalhelpnri.com
Sir/Mam pls advise me
My father is an Indian(DOB 1954) and my uncle is citizen of Britain (DOB 1947)
They both are joint owners of property (agricultural land). This land is purchased by their father in 1954 jointly in to there names, at that time they were minors.
Sir/Mam can my uncle have right over this land........? and is it legally allowed.
I dont know my uncle is OCI holder or not. what if is so or not?
Please contact on query@legalhelpnri.com
We haven’t received your email yet… Please send us your query via email so that we can guide you through. Our email address is query@legalhelpnri.com
I am Indian , and I would like to convert my agriculture property to my OCI son .is it possible?
Please contact on +919915499222 or email on query@legalhelpnri.com
haven’t received your email yet… Please send us your query via email so that we can guide you through. Our email address is query@legalhelpnri.com
Mam pls advise me
My father is an Indian(DOB 1954) and my uncle is citizen of Britain (DOB 1947)
They both are joint owners of property (agricultural land). This land is purchased by their father in 1954 jointly in to there names, at that time they were minors.
Mam can my uncle have right over this land........? and is it legally allowed.
I dont know my uncle is OCI holder or not. what if is so or not?
Please send your query to query@legalhelpnri.com
Hi very informative. I have sent you an email regarding discussing my legal concerns in India. It might end up going in spam folder. Kindly respond. Thankyou
Could you email on query@legalhelpnri.com
Not received any email
Use one language to explain not multiple