Anomalies in Class I & II Heirs of Hindu Succession Act, 1956: An Analysis

  • Dr. J. James Jayapaul
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  • Dr. J. James Jayapaul

    Associate Professor at Government Law College, Ramanathapuram, India

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There are various types of properties under the Indian law. The most common known properties are Ancestral property and Self acquired property. What constitutes an ancestral property has not been clearly defined by the Hindu Succession Act of 1956 or any other legislations. However, the Supreme Court has ruled in a number of its rulings that a Hindu male's inherited property from his father, paternal grandfather, or paternal grandfather's father constitutes ancestral property. In a similar vein, self-acquired property refers to a person who purchases a home using their own earnings. Self-acquired property is any property a person purchasing with his own money. The property becomes his/her absolute property and he/she can sell it whenever they want. The Court noted that in order to identify the property as self-owned, documentation in the form of a sale deed and evidence of payment of the sale consideration must be presented. This being the position, I have analysed in this paper who are all coming as legal heirs in class I and II after the death of an Hindu male under section 8 . In the class I heirs and Class II heirs certain heirs have been repeated and omitted. I have discussed in this article about it




International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 2297 - 2300


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