Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Successors of a Male Person Who Died Issue-less - When a male person dies without issue (children), the property is inherited by his wife, and upon her death, it passes to his sisters' sons or other relatives as per the applicable succession laws. Specifically, if the deceased was a Hindu male who died intestate, his wife inherits the property initially, and after her death, the property devolves on her husband's sisters' sons (nephews) or other kin, depending on the circumstances. 2023 0 Supreme(All) 601
Inheritance of Immovable Property Post-1956 and HUF/ Self-Acquired Property - Property inherited by a male after the Hindu Succession Act, 1956, is considered self-acquired unless it was previously HUF property inherited before 1956. If a male inherited ancestral property before 1956, his successors would inherit it as HUF property; after 1956, such inheritance is deemed self-acquired, and subsequent successors do not automatically acquire coparcenary rights. 2025 Supreme(Online)(Del) 8581, 2023 Supreme(Online)(DEL) 423, 2023 0 Supreme(Del) 160
Successors of Pre-1956 Inherited Property - For property inherited before 1956, successors (such as sons) inherited as HUF members, with rights extending to other family members up to three degrees below the ancestor. Post-1956, inheritance rights change, and the property is treated as self-acquired, limiting the rights of descendants unless specified otherwise. 2023 Supreme(Online)(DEL) 423, 2023 0 Supreme(Del) 160
Successors of Deceased Women and Stridhana - Property purchased or inherited by a woman out of her stridhana (woman's exclusive property) remains her stridhana. Successors of such property depend on whether the property was purchased out of her stridhana or her husband's estate. Generally, successors include her heirs, but the specifics depend on the source of the property. 2023 0 Supreme(Cal) 687,
ABHAYATI KUMBHAR vs SATYABHAMA KUMBHAR - Orissa
Particular Cases of Successorship in Property - In cases like Devassy's estate, the legal heirs (including wife and children) are successors, with property rights passing through registered partition deeds, and subsequent deaths of heirs (e.g., wife, son) lead to their successors inheriting the property. 2022 Supreme(Online)(KER) 55496
Successors in Joint Tenancy and Moolgeni Rights - When multiple sisters (as joint tenants or moolgeni tenants) die intestate, their successors (children or other heirs) inherit their shares, often equally. The legal heirs are recognized as successors to the original joint owners, and their rights are established through succession laws and evidence of kinship. 2024 Supreme(Online)(Kar) 36301
Analysis and Conclusion:In cases of male persons dying issue-less, the primary successors are the wife and, subsequently, the sisters' sons or other relatives based on the nature of inheritance (HUF or self-acquired property) and the date of inheritance (pre- or post-1956). The specific order and rights depend on whether the property was inherited as ancestral, HUF, or self-acquired, and whether the property was purchased out of stridhana. Generally, after the Hindu Succession Act, 1956, the rights of successors have been clarified to favor individual ownership, especially for properties inherited as self-acquired. Successors include legal heirs such as wives, sisters' sons, children, and other kin, depending on the circumstances and nature of the property.
Losing a loved one is challenging enough, but when it comes to like land or houses, uncertainties about inheritance can complicate matters further. If you're wondering, Male Person Died Issue Less who are the Successors to him in Respect of ?, you're not alone. This question arises frequently in families where a male Hindu passes away without children (issue-less), leaving behind valuable assets.
In this comprehensive guide, we'll break down the rules under the , explore the hierarchy of heirs, distinguish between self-acquired and , and highlight key considerations from judicial precedents. Note: This is general information and not specific legal advice. Consult a qualified lawyer for your situation.
The primarily governs the devolution of property for Hindus dying (without a will). outlines the order of succession for a male Hindu. When he dies issue-less, the property doesn't go unclaimed—it follows a clear hierarchy of heirs. 2021 0 Supreme(Del) 503
take priority. Even without children, other may exist:- Mother- Widow- Daughter (if any, though issue-less typically implies no children)- Son (none in this scenario)- Other specified relatives like children of (not applicable here)
For example, if the deceased had a wife but no children, the wife would typically inherit the property as a Class-I heir. If the wife predeceases him, it passes to the mother. 1969 0 Supreme(SC) 374 1956 0 Supreme(Ori) 45
In the absence of any issue (children), the property will pass to the Class-I heirs first.2022 2 Supreme 272 2018 0 Supreme(Mad) 4502
If no survive, step in:- Father- Brothers- Sisters- Nephews, nieces, and other relatives in a specified order
Siblings often become key successors in childless cases. However, customs in some areas may prioritize over sisters for . According to the prevailing custom of the area, and not the sister were preferential heirs to in the hands of a .2016 0 Supreme(Mad) 2362
Not all property is treated equally. The property inherited by the successors is treated as in their hands, even if it was originally . This grants successors full rights to sell, gift, or manage it without restrictions. 2021 0 Supreme(Del) 503
If a person who acquired a property by birth has no male issue, he would hold that property as thereof and he would be able to deal with it as he pleased.2012 0 Supreme(Bom) 2326
For cases, sons (if any) might inherit as HUF members, but in issue-less scenarios, it simplifies to individual ownership. 2023 Supreme(Online)(DEL) 423 2023 0 Supreme(Del) 160
If married and childless, the widow inherits first. Upon her death, it may pass to sisters' sons (nephews) or other kin. When a male person dies without issue (children), the property is inherited by his wife, and upon her death, it passes to his sisters' sons or other relatives as per the applicable succession laws.2023 0 Supreme(All) 601
Property devolves to siblings or . In one case, successors claimed rights via succession applications: , inter alia, provides that a person who claims right by succession can make an application in respect of a property, movable or immovable, left behind a person who has died.2019 0 Supreme(Del) 2326
Customs matter in some regions. In the present case, the last male holder of the property had no male issue and no surviving member of a joint family... and not the sister were preferential heirs to .2016 0 Supreme(Mad) 2362
Joint family or tenancy cases (e.g., sisters as ) see shares passing to their children equally. 2024 Supreme(Online)(Kar) 36301
Heirs must apply for legal recognition, like , proving kinship. The respondent Nos.3 to 7, claiming themselves as the successors of Late Kammari Anjaiah... made application... for grant of Occupancy Rights Certificate.2024 Supreme(Online)(Tel) 40749
Recommendation: Prepare legal documentation to formalize transfers, ensuring compliance. Examine inheritance for HUF nuances.
In partnership or cinema hall disputes, courts clarify individual vs. firm ownership: This does not belong to the partnership firm and... belongs to plaintiff and his four brothers who are died and their legal successors.
Ketineni Chandrasekhar Rao VS Boppana Seshagiri Rao - Current Civil Cases
2016 0 Supreme(AP) 620For a male Hindu dying issue-less, successors start with (widow, mother), then Class II (father, siblings). Property becomes self-acquired, empowering heirs fully. Timely legal action prevents disputes.
Key Takeaways:- Prioritize Class I: Widow > Mother.- Class II for siblings if needed.- : Self-acquired status.- Verify family tree and precedents.
This overview simplifies complex laws—seek professional advice tailored to your case.
References:2021 0 Supreme(Del) 503 2022 2 Supreme 272 2018 0 Supreme(Mad) 4502 1969 0 Supreme(SC) 374 1956 0 Supreme(Ori) 45 2025 Supreme(Online)(Del) 8581 2023 Supreme(Online)(DEL) 423 2023 0 Supreme(Del) 160 2023 0 Supreme(All) 601 2019 0 Supreme(Del) 2326 2016 0 Supreme(Mad) 2362 2012 0 Supreme(Bom) 2326
#HinduSuccession #PropertyHeirs #LegalInheritance
He died issue-less on 18.8.1950 and, hence, the property was inherited by his wife Mst. Phool Kumari. Though there was a dispute with regard to the date of death of Mst. ... together, shall, subject to the provisions of sub-section (3), be entitled in respect of property in respect of which he dies intestate to the same share as a son: Provided that the widow of a prede....
existing at the time of the death of such a person, inheritance of an immovable property of such a person by his successors-in-interest is no doubt inheritance of an ‘ancestral’ property but the inheritance is as a self-acquired property in the hands of the successor and not as an HUF property although ... Under the traditional Hindu Law whenever a #HL....
Ram Lal (who died before 1956), the property came into the possession of his two sons namely late Shri. Chotte and late Shri. Lajje Ram. Since late Shri. Ram Lal had died before 1956, it came in the hands of the successors as HUF Property. ... Raj Singh, CS(OS) No.431/2006 decided on 17.11.2015 by this Court which arrived at the following conclusions: “(i) If a person dies after p....
Ram Lal (who died before 1956), the property came into the possession of his two sons namely late Shri. Chotte and late Shri. Lajje Ram. Since late Shri. Ram Lal had died before 1956, it came in the hands of the successors as HUF Property. ... property of such a person by his successors-in-interest is no doubt inheritance of an “ancestral” pr....
Paresh Chandra Dutt died on 09.04.1986. His legal heirs and successors were substituted in the suit as Defendants. The properties mentioned in “Schedule A” are joint properties. ... Mukherjee, referring to the original text of Dayabhaga observed: “There is a fundamental difference in the course of devolution between the property of a Hindu male and the stridhana property of a Hindu female. ... Who are #HL....
would be deemed that as if she died soon after the death of male after the succession opened and ... It is further stated that schedule ‘C’ property is the self acquired children born to the male owner through her. ... property of Hadu, in any manner can not at all arise.
This petition is filed under Article 226 of the Constitution of India, seeking the following relief: “to issue
Devassy died interstate and consequently, his wife Mary and their male children became successors to the estate of late Devassy, since the daughters Elezabath and Jossy released their rights over the properties in favour of their brothers. ... The issue lies in a narrow compass as to whether, as per Ext. P1 registered partition deed, immovable property and the buildings were partitioned ....
While it being so, the respondent Nos.3 to 7, claiming themselves as the successors of Late Kammari Anjaiah, who is having half share in the property, made application to the respondent No.2 for grant of Occupancy Rights Certificate (for short ‘ORC’) in respect of the entire extent of property, without ... Registration of non-protected tenant as occupant:-- (1) On receipt of an application under Rule 5 or in suo motu enqui....
It is the case of the plaintiffs, that plaintiffs and defendants are all successors of the 6 sisters namely, Myre(Ramu), Somu, Shantha, Dasamma, Seethamma and Devaki (Deyi). The said 6 sisters had joint and equal shares as moolgeni tenants of immovable property in the suit schedule property. ... It is the case of the plaintiffs that plaintiffs are the legal heirs of deceased Myre (Ramu), Somu, Shantha, Dasamma, Seethamma....
Section 193 provides for an enquiry by the District Judge to whom such an application is made and Section 194 deals with the procedure to be adopted when an application is made under Section 192. Section 192, inter alia, provides that a person who claims right by succession can make an application in respect of a property, movable or immovable, left behind a person who has died.
“It is submitted that the immovable property on which the cinema hall is existing is a land admeasuring 7250 sq. yards in Sy. No.157 at Ameerpet, Hyderabad. This immovable property does not belong to the partnership firm and the said property (is) belongs to plaintiff and his four brothers who (are) died and their legal successors are defendant Nos.1 to 14 in the suit. Hence, the plaintiff is entitled to ?th share in the said immovable property on which the partnership firm b....
It is submitted that the plaintiff is having 1/5th share in the said immovable property which was acquired under a specific performance decree in O.S. No.514 of 1974 on the file of the I Additional Judge, City Civil Court, Hyderabad, confirmed in C.C.C.A. No.63 of 1980 and L.P.A. No.146 of 1988. It is submitted that the immovable property on which the cinema hall is existing is a land admeasuring 7250 sq. yards in Sy. No.157 at Ameerpet, Hyderabad. Hence, the plaintiff is entitled to 1/5th sha....
In the present cased, the last male holder of the property had no male issue and no surviving member of a joint family, be it a descendant or otherwise, who could take the property by survivorship. According to the prevailing custom of the area, collaterals and not the sister were preferential heirs to ancestral property in the hands of a propositus, while the sister and not the collateral was a preferential heir in regard to non-ancestral property. If a person inheriting suc....
However if he had a male issue in existence at the time he inherited the property or if he had a male issue subsequently, they would become entitled to the interest in the property by virtue of their birth. If a person who acquired a property by birth has no male issue, he would hold that property as absolute owner thereof and he would be able to deal with it as he pleased.
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