Who is a Hindu? What is a testate and intestate succession? Can tenancy rights be transmitted under a Will? What is the status of inherited property in the hands of a Hindu?
The term "Hindu" has not been defined under any of the codified laws. However, all the codified laws in respect of Hindus refer to the categories of persons to whom Hindu laws apply.
Accordingly, it can be said that a person who is a Hindu, Jain, Sikh or Buddhist by religion is a Hindu. In the matters of succession and inheritance, a Khoja is also governed by Hindu law.
person who is born of Hindu parents, i.e. when both the parents are Hindus, is a Hindu by birth. When a person is born of the parents, only one of whom is a Hindu at the time of his birth, then it would depend on how the person is brought up. If he is brought up as a Hindu, then he is a Hindu. By default provisions, when a person is not a Muslim, Parsi, Jew and who is not governed by any other law, is also a Hindu. A person may become Hindu by practicing or professing Hindu religion. A person may declare that he is a follower of Hindu faith and if such declaration is bonafide then it means that he has decided to become Hindu.
Succession is a process under which rights and obligations of the dead get transmitted to the living. Succession depends upon the domicile of the deceased person at the time of his death and law of succession applicable to the deceased at the time of his death.
Succession of immovable property of the deceased is regulated by the succession laws in India, wherever the deceased was domiciled at the time of his death. But succession of movable properties in India of the deceased is regulated by the law of the country in which the deceased was domiciled at the time of his death.
If the deceased has left a valid Will, then it is a case of testate succession and otherwise it is a case of intestate succession.
Tenancy rights cannot be bequeathed under a Will, but in certain cases tenancy rights can be inherited. Property received by a Hindu on inheritance is his absolute property and can be dealt with, by him, in the manner he desires.
The term "Hindu" has not been defined under any of the codified laws. However, all the codified laws in respect of Hindus refer to the categories of persons to whom Hindu laws apply.
Accordingly, it can be said that a person who is a Hindu, Jain, Sikh or Buddhist by religion is a Hindu. In the matters of succession and inheritance, a Khoja is also governed by Hindu law.
person who is born of Hindu parents, i.e. when both the parents are Hindus, is a Hindu by birth. When a person is born of the parents, only one of whom is a Hindu at the time of his birth, then it would depend on how the person is brought up. If he is brought up as a Hindu, then he is a Hindu. By default provisions, when a person is not a Muslim, Parsi, Jew and who is not governed by any other law, is also a Hindu. A person may become Hindu by practicing or professing Hindu religion. A person may declare that he is a follower of Hindu faith and if such declaration is bonafide then it means that he has decided to become Hindu.
Succession is a process under which rights and obligations of the dead get transmitted to the living. Succession depends upon the domicile of the deceased person at the time of his death and law of succession applicable to the deceased at the time of his death.
Succession of immovable property of the deceased is regulated by the succession laws in India, wherever the deceased was domiciled at the time of his death. But succession of movable properties in India of the deceased is regulated by the law of the country in which the deceased was domiciled at the time of his death.
If the deceased has left a valid Will, then it is a case of testate succession and otherwise it is a case of intestate succession.
Tenancy rights cannot be bequeathed under a Will, but in certain cases tenancy rights can be inherited. Property received by a Hindu on inheritance is his absolute property and can be dealt with, by him, in the manner he desires.
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