leaving behind his wife, two sons and one daughter. He along with his two brothers constituted a Hindu joint family. What will happen to his undivided interest in the joint family property?


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Issue:

  1. Whether P along with his two brothers constitute JF? YES
  2. Whether the brothers of P have equal shares? YES
  3. Whether wife, sons and daughter have equal rights? YES

Rule:

Section 8 of the Hindu Succession Act, 1956: General Rules of Succession in the case of males

Section 9 of the Act: Order of succession

Section 10 of the Act: Distribution among heirs in Class I

Application:

This problem is related to the Succession of property of a Hindu male. Succession of A Hindu male dying intestate under the Hindu Succession Act: Sections 8 to 13 of the Hindu Succession Act, 1956 lay down the general rules as to the order of succession when a Hindu male dies intestate.

Section 8 lays down certain rules of succession of property of a Hindu male who dies intestate after the commencement of the Act. According to Section 8 the property of a male Hindu dying intestate shall devolve as below: General Rules of succession in the case of males.

The property of a male Hindu dying intestate shall devolve:

a) Firstly, upon the heirs, being the relatives specified in class I of the Schedule

b) Secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule

c) Therdly, if ther is no heir of any of the two classes, then upon the agnates of the deceased

d) Lastly, if there is no agnate, then upon the congnates of the deceased.

According to ection 9 the persons in Class I shall take simultaneously and the exclusion of all other heirs, those in the first entry in Class II shall be preferred to those in the second entry; those in the second entry shall be preferred to those in the third entry.

According to Section 10, the property of an intestate shall be divided among the heirs in Class I

Conclusion:

In the instant problem, P with two brothers constitute a Hindu Joint Family having equal shares. P, the deceased has left wife, two sons and one daughter are the Class I heirs. They inherit simultaneously with equal shares i.e,. Wife 1/12, 1st Son 1/12, 2nd Son 1/12 and Daughter 1/12


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