Legal Procedure by which a son can claim the father's property without a will
The property of a Hindu male dying intestate is distributed among his heirs in accordance with section 8 and 9 of The Hindu Succession Act, 1956. As per these the property of a Hindu dying intestate devolves upon his heirs of Class I who take the property to the exclusion of all other heirs.
Section 10 of the Act lays down the rules to be followed in such cases. Section 10 provides as under:
Distribution of property among heirs in class I of the Schedule: The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-
Rule 1.-The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.
Rule 2.-The surviving sons and daughters and the mother of the intestate shall each take one share.
Rule 3.-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.
Rule 4.-The distribution of the share referred to in Rule 3-
(i) among the heirs in the branch of the pre-decease son shall be so made that his widow (or widows together), and the surviving sons and daughters get equal portions ; and the branch of his pre-deceased sons gets the same portion;
(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.
Rule 1: The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.
Suppose , a Hindu, dying intestate at the time of his death is survived by two windows and a son. X was the owner of one house. Now as per the rule, heirs in Class I shall take the property simultaneously and to the exclusion of all others. And in the above case all are Class I heirs. But two of them are widows of X. Therefore, as per the provisions of Rule 1 of section 10, both the widows of X shall take one-half share in the house of X and the other half shall go to X’s son. Hence the property of X by virtue of the above rule would be divided in only two parts and not three as all the widows together are entitled to only one part by virtue of Rule 1 of section 10. However, among themselves, both the widows shall inherit equally and one-half of the portion of X’s house that they are entitled to shall be divided equally among them. Therefore share of X’s son in X’s house upon X’s death shall be one-half while the share of each widow of X shall be one-fourth.
Section 10 of the Act lays down the rules to be followed in such cases. Section 10 provides as under:
Distribution of property among heirs in class I of the Schedule: The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-
Rule 1.-The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.
Rule 2.-The surviving sons and daughters and the mother of the intestate shall each take one share.
Rule 3.-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.
Rule 4.-The distribution of the share referred to in Rule 3-
(i) among the heirs in the branch of the pre-decease son shall be so made that his widow (or widows together), and the surviving sons and daughters get equal portions ; and the branch of his pre-deceased sons gets the same portion;
(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.
Rule 1: The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.
Suppose , a Hindu, dying intestate at the time of his death is survived by two windows and a son. X was the owner of one house. Now as per the rule, heirs in Class I shall take the property simultaneously and to the exclusion of all others. And in the above case all are Class I heirs. But two of them are widows of X. Therefore, as per the provisions of Rule 1 of section 10, both the widows of X shall take one-half share in the house of X and the other half shall go to X’s son. Hence the property of X by virtue of the above rule would be divided in only two parts and not three as all the widows together are entitled to only one part by virtue of Rule 1 of section 10. However, among themselves, both the widows shall inherit equally and one-half of the portion of X’s house that they are entitled to shall be divided equally among them. Therefore share of X’s son in X’s house upon X’s death shall be one-half while the share of each widow of X shall be one-fourth.
But only two widows the X had and he died issueless then the two widows will get 1/2 share each.
Intestate Succession
This law of succession provides for the method of distribution of property (known as devolution) in case the deceased passes away without leaving behind a Will. Dying without leaving behind a will is known as dying intestate.
As a general principle whenever a Hindu died intestate then a legal presumption comes in to force that the property get vested in to legal heir automatically and it belongs to Joint Hindu Family. Hindu Law has four schedule or categories of Legal heirs. First category are direct relatives, second category is second line relative and third category is of agnate that is relatives from father side and forth categories are cognates that is relatives of mother side.
If any Hindu dies intestate and without any relatives as discussed above then the property get vested with the State Government under due procedure of Law.
This law of succession provides for the method of distribution of property (known as devolution) in case the deceased passes away without leaving behind a Will. Dying without leaving behind a will is known as dying intestate.
As a general principle whenever a Hindu died intestate then a legal presumption comes in to force that the property get vested in to legal heir automatically and it belongs to Joint Hindu Family. Hindu Law has four schedule or categories of Legal heirs. First category are direct relatives, second category is second line relative and third category is of agnate that is relatives from father side and forth categories are cognates that is relatives of mother side.
If any Hindu dies intestate and without any relatives as discussed above then the property get vested with the State Government under due procedure of Law.
Hence you will get share from your father’s property on the basis of Hindu Succession Act as stated above. Amicable settlement will always be good. But if difference arises then through civil suit easily you can get share as per Hindu Succession Act.
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