๐ Overview
Inheritance and succession disputes involve determination of legal heirs, their share in deceased's estate, and the distribution of assets including property, bank accounts, and investments.
โ๏ธ Key Legal Principles
1
Governed by Hindu Succession Act 1956 (Hindus), Indian Succession Act 1925 (others)
2
Class I heirs get absolute preference over Class II heirs
3
Self-acquired property can be freely given by will
4
Intestate succession applies when there is no valid will
๐๏ธ Important Supreme Court Judgments
โ๏ธ Prakash v. Phulavati (2016)
(2016) 2 SCC 36 | AIR 2016 SC 769
Held 2005 amendment of Hindu Succession Act applies only if father died after September 9, 2005 (later overruled by Vineeta Sharma)
โ๏ธ Revanasiddappa v. Mallikarjun (2011)
(2011) 11 SCC 1 | AIR 2011 SC 2492
Children born of void/voidable marriages are entitled to inherit self-acquired and ancestral property of parents
๐๏ธ Important High Court Judgments
โ๏ธ Delhi HC โ Radha Devi v. Ram Kishan (2020)
Widow's right to maintenance from property does not extinguish after remarriage for property already inherited
โ๏ธ Allahabad HC โ Smt. Pushpa v. Ram Prasad (2019)
Step-children do not inherit property of step-parent under Hindu Succession Act in absence of will
โ Frequently Asked Questions
Q: Who are Class I heirs under Hindu law?
A: Son, daughter, widow, mother, son/daughter of predeceased son/daughter, widow of predeceased son.
Q: Can a Hindu make a will for ancestral property?
A: Only for their own share in the ancestral property. They cannot will away the shares of other coparceners.