InvestorQ : What if the male Karta of the family dies without a "will"? Who will be the legal heirs?
Sneha Balasubramanian made post

What if the male Karta of the family dies without a "will"? Who will be the legal heirs?

Answer
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Nikita Damle answered.
2 months ago


If the family meets the criteria of Hindu Undivided Family (HUF), then in absence of any deed created by the Karta of the family, it shall be driven by the Mitakashara law of Inheritance. As per the provisions of law, a joint family consists of a father, sons, and grandsons, and all of them are equal coparceners to the joint property of the family. The wife shall have an equal share in the property as that of husband and sons.

However, she cannot claim the share in the property unless there’s a partition between her, husband, or sons. The grandsons shall also have an equal share in the property as that of their father. Therefore, if any partition takes place in the HUF, all the coparceners shall be given share as per the Hindu Law. Whereas, certain changes were made to the law recently:

  1. Daughter (whether married or not) is made a coparcener the same as a son to claim partition.
  2. She will have the same rights as a son with all incidents of the coparcenary.
  3. Property under the Act devolves as per section 8 of the Hindu Succession Act where mother, wife, sons, and daughters have equal shares. Further, on the death of her father, she is one of the separate heirs in father’s share.
On the death of the Karta of HUF, deemed partition takes place to re-assess the share of all the members of the family, and the property is passed on as per section 8 in absence of any will of the Karta. This partition need not be physical and hence can be just done on papers with a view to gain clarity on the share of coparceners. Also, after the death of the Karta, another senior-most male member of the family gets to fill in the position, however, share in the property remains equal.