This is a very common practice in India that when the owner of the property dies, then there is almost always a fight between the children over the right of inheritance, especially if there has been no will. The family and inheritance cases have been a cause of disputes for many siblings in India and despite having clearly defined laws, there is still a horde over who gets how much. This is the reason one can see a lot of crimes around this distribution of property after the death of parents.
The Hindu Succession Act, 1956 has given equal rights to sons and after amendment even to the daughters that they can claim their portion in the parental property in an event of their death, unless specified otherwise in a will. As per the laws, a Hindu family and their succession rights are driven by these legal terms. The provisions of this act are:
• All the Hindus, naturalized or converted are covered under this act and will get the same benefits. They will be allowed to demand their share in the property as per the inheritance laws.
• It is not just the direct children of the deceased, but also the daughters, widows, mothers, sons and widows of a per deceased son are all legally allowed to claim their inheritance.
• It is not just the legitimate child, but also the illegitimate one that has rights over the property of his biological father or mother.
• As per the law, if any of the claimants of the property have been convicted in a murder will be automatically disqualified from the inheritance and cannot contest his claim.
• In case of the will ambiguity, it is better to involve a legal expert in order to properly understand the rules and regulations that govern inheritance laws. This will ensure that all the rightful parties get what they truly deserve without dividing it between multiple claimants.
• There can be serious implications if the will lacks clarity and must be avoided in order to work in the right direction from the very beginning of the process.
It is very painful to lose a parent, but at the same time if there are complications with the inheritance, then the whole tragedy becomes all the more harrowing. The claimants have to know that, in order to get a share of their parent’s property, they need to make sure that there are no outstanding debts. In which case, they would have to first clear the debts and then apply for the claim. It is a responsibility that all the heirs share together to clear off the liabilities, and then, demand the property share.
These matters can be very complicated and only good legal advisor like Advocate in Chandigarh would be able to help you sort all the paperwork and get you what you rightfully deserve. For the process of inheritance and division to go through smoothly, it is imperative that you involve an expert who would be involved in the entire process from the very onset.
