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What is right of inheritance?

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In layman terms, inheritance is the act of property transfer to a descendant or transfer of titles, debts, rights, and obligations after the death of an individual. The inheritance can happen in two ways- via will or by the law of intestate succession. I am going to talk about right of inheritance, types of properties which can be inherited, and inheritance laws in Hindu, Muslim and Christian religions. 

What is right of inheritance?

As mentioned above, inheritance is an act of transfer of property to the heirs after death of the principal. There are various classes of heirs. But before divulging in those details, let us understand the types of properties which can be inherited.

  • Self acquired property

A self acquired property is a property which is acquired or purchased by the deceased during his/her lifetime with their money.

  • Ancestral property

The ancestral property is a property which was passed on to the deceased through 3 generations or more.

Rights of inheritance - Hindus

According to the Hindu Succession Act which is applicable to Jains, Buddhists and Sikhs as well, the property belongs to Class I heirs (son, daughter, widow, etc.), Class II heirs (father, son’s daughter’s son, son’s daughter’s daughter, brother, sister, etc.), Agnates (ex: Father’s brother’s son) or Cognates (Ex: Father’s sister’s son). The consideration for property inheritance is chosen in this order only. 

Rights of inheritance - Muslims

Under the Muslim Law of Succession the rights of inheritence goes to husband, wife, daughter, any daughter or son, father, paternal grandfather, mother, paternal side grandmother, full sister, consanguine sister, uterine sister, and uterine brother. The share of each heir depends on various conditions as specified in the law.

Rights of inheritance - Christians

In Christian Law of Succession, the property goes to spouse and children in a manner where half the property will belong to the wife and the rest of it will be shared equally among children. In the absence of children or grandchildren, the property shall go to the wife if there is no will involved. If the wife is pre-deceased then the property will belong to children and grandchildren of the deceased. 

This is what I know about what is right of inheritance. I hope this answer solves your query.

Find out what is inheritance tax in India

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