Explore the nuanced realm of legal heirship for a deceased unmarried individual. This synopsis offers insights into the identification of legal heirs, their entitlements, and the intricate legal procedures governing the distribution of assets in the absence of marriage.
If you have a property, you can name your property to your family members, and they will have the right to it after your death. But, it is not an easy task because a legal heir certificate is required to claim your property after your death.
So, you must know about the legal heir certificate. Professional lawyers can make a draft and register your legal heir certificate, and you can apply for such certificates to your local municipality or district civil court corporation. If you live in a village and want a Legal heir certificate, then you need to apply to the area/taluk Tahsildar.
Different Acts and Applications for Legal Heir
Your property will be distributed among the persons mentioned in your will. But, if a person passes away without leaving a will, their property will be distributed according to their religion.
Hindu Succession Act: According to this law, Hindu, Jain, Sikh, and Buddhist families can claim the legal heir certificate. However, this law is applied differently to males and females. According to the Hindu Succession Act, if a male person passes away without leaving his will, his property will be distributed among his legal heirs. There are two types of legal heirs such as class-I and class II.
- Immediate family members like his son, wife, daughter, and mother can claim his property after his death under the Class-I of the Hindu Succession Act. The property of an intestate male will be distributed equally among his family members. For example, if you are married and do not have any will, your property will be distributed according to the Class I of the Hindu Succession Act to your wife, son, and daughter. If you are unmarried, your property will be transferred to your mother after death.
- In the case of Class-I, Hindu Succession Act, the property of a deceased person will be divided into two parts – one part will be transferred to his wide and the second will be distributed among his children. There is no need to make a will for the same property; in the absence of a will, the same law will be applicable for two generations.
- This Class-I of the Hindu Succession Act applies equally to sons and daughters. For example, if a person passes away without leaving a will for his property, his property will be distributed among his wife and daughters. But, in the case of the daughter of a deceased person, her husband cannot claim anything of his father-in-law’s property on behalf of his wife.
- Class II of the Hindu Succession Act will apply in the absence of Class-I heirs. According to this Act, family members, including relatives, can claim a deceased person’s property. In this case, relatives in higher proceedings can get the complete right to a deceased person’s property. But, if no one is available in this category, then the property of a deceased person shall transfer to his relatives. For example, in the case of a deceased male, his father, granddaughter’s children, brother, and sisters can claim his property under the first category. In the case of an unmarried deceased person, his property will be distributed among his brother, sister, and father.
The Hindu Succession Act of 2005
According to the Hindu Succession Act, of 2005, females have equal rights to a deceased family member as males. But, the distribution of property is different. A female person has complete rights on her property, including movable and immovable, and she is the absolute owner of her property irrespective of self-acquired and inherited property.
- If a lady passes away intestate without leaving her will, her property will be distributed among her family members under the Hindu Succession Act.
- According to this Act, her property will be transferred and distributed among her husband, son, and daughter. If her children are not alive, her grandchildren can claim her property after her death.
- In the case of an unmarried deceased woman, her property will be distributed among her parents, and her father and mother can apply for a legal heir in this regard.
However, the Hindu Succession Act only applies to Hindu, Jain, Sikh, and Buddhist families, and there is a different set of laws for Muslim and Christian families.
Who Are the Legal Heirs of a Deceased Unmarried Person
In India, the legal heirs of a deceased unmarried person are determined by the Hindu Succession Act, of 1956. The order of succession is as follows:
- Class I heirs: Parents and children of the deceased.
- Class II heirs: Brothers and sisters of the deceased and their children.
- Class III heirs: Grandparents of the deceased and their children.
If the deceased is a male Hindu and dies without leaving any heirs in Class I or Class II, his property will devolve upon his nearest agnate (male relative in the father’s line). If the deceased is a female Hindu and dies without leaving any heirs in Class I or Class II, her property will devolve upon her nearest cognate (relative in the mother’s line).
In the absence of any heirs in Class I, Class II, or Class III, the property of the deceased will escheat to the government.
| Class | Heirs |
| I | Parents and children |
| II | Brothers and sisters and their children |
| III | Grandparents and their children |
Conditions when the Deceased Person Does Not Have Children, a Spouse or Parents
As stated above, if the deceased person does not have children, his property will be distributed among his relatives. According to the Hindu Succession Act, if the deceased person is an unmarried male, his property will be distributed based on class-I and class-II categories.
His immediate relatives, including his father, sisters, and brothers, can claim his property under the class-I category. Suppose he does not have anyone alive in this category. In that case, his nephew, paternal grandparents, windowed stepmother and sisters, paternal uncle and aunt, and maternal grandparents can claim his property under class II of the Hindu Succession Act.
In the case of an unmarried deceased female, her property shall be distributed among her mother and father only. If her father and mother are not alive, then her property shall be distributed among her legal heirs, and her self-acquired property shall be distributed among the heirs of her mother and father. In simpler terms, if a female person passes away without leaving her will, her mother and father can claim her property after her death. If her father and mother are not alive, then the heirs of her father and mother can claim the property.
Implications of Personal Laws
Personal laws in India, based on religion or community customs, significantly impact who inherits your assets after you’re gone. Here’s a breakdown of how these laws play out:
Patchwork of Rules: Imagine a map with different coloured zones, each with its own inheritance rules. That’s how personal laws function. Christians follow the Indian Succession Act, Muslims have their own inheritance law, and Hindus, Buddhists, Sikhs, and Jains fall under the Hindu Succession Act. This variety can be confusing!
Who Gets What? The order in which family members inherit can differ based on personal laws. Some laws, like Muslim law, have a complex hierarchy, while others, like the Hindu Succession Act, prioritise closer relatives (like children) over distant ones.
Planning with Faith: Personal laws allow some flexibility in planning your inheritance according to your religious beliefs. For example, a Hindu can write a will to distribute property following Hindu traditions, even if it differs from the standard inheritance pattern.
Beyond the Code: Unwritten customs within a community can also influence inheritance decisions. These customs can vary greatly and add another layer of complexity to the process.
Gender Matters: Not all personal laws treat sons and daughters equally. In some cases, the share of inheritance might differ based on gender. Thankfully, traditional Hindu law provides equal inheritance rights for sons and daughters, but this might not be the case for everyone.
Interfaith Tangled Web: Marriages between people of different faiths or conversions can create confusion about which personal law applies to inheritance. Courts might need to intervene to determine the relevant law in such situations.
The Call for Change: There’s an ongoing debate in India about reforming and modernising personal laws to ensure greater fairness and equality, especially when it comes to gender rights. These reforms could impact how your assets are distributed in the future.
Conclusion
However, applying for a legal heir certificate requires some documentation, and you need to submit various documents, like a signed application form, ID proof, death certificate of the deceased person, DOB proof of all legal heirs, a self-undertaking affidavit and address proof. It is a time-consuming matter where you have to wait for years because any objection lodged during your legal hearings by other legal heirs can delay your case.
It is better to hire a professional lawyer to get this heir certificate to claim your property. It is not mandatory to make a will, and many middle-class family members do legal wills during their lifetime.
So, if you face the same issue and want to claim the property of a deceased female member, then you must hire a lawyer. If you want to gather relevant details, please visit the website of Vakilsearch, a professional legal services firm.
Frequently Asked Questions
Who is the legal heir after the death of a married woman?
The legal heirs of a married woman are her husband and children. If she has no children, her husband is her sole heir. If she has children, they inherit her property in equal shares.
Who are the legal heirs of a deceased unmarried daughter?
The legal heirs of a deceased unmarried daughter are her parents and siblings. If she has no siblings, her parents are her sole heirs. If she has siblings, they inherit her property in equal share.
Who is the legal heir of unmarried deceased?
The legal heirs of an unmarried deceased person are their parents, siblings, and grandparents. If the deceased has no siblings or grandparents, their parents are their sole heirs. If the deceased has siblings or grandparents, they inherit the property in equal shares.
Do parents have legal heirship rights if the deceased person was unmarried?
Yes, parents have legal heirship rights if the deceased person was unmarried. In fact, they are the first in the line of succession, followed by siblings and grandparents.
Are stepchildren considered legal heirs of a deceased unmarried person?
No, stepchildren are not considered legal heirs of a deceased unmarried person. Only biological children or adopted children are considered legal heirs.
How does gender impact legal heirship rights in the case of an unmarried deceased person?
Gender does not impact legal heirship rights in the case of an unmarried deceased person. The order of succession is the same for both males and females.
Who are the legal heirs of an unmarried Hindu male?
The legal heirs of an unmarried Hindu male are his parents, siblings, and grandparents. If he has no siblings or grandparents, his parents are his sole heirs. If he has siblings or grandparents, they inherit the property in equal shares.
