Property, Succession & Inheritance | Part 2 | Family Law

The blog presents the basic theory of property, succession & inheritance that forms the introduction of Family Law in India. This can be useful for students preparing for Law and other Competitive Exams.

Q1. What do you understand by inheritance ?

Ans. Inheritance is one of the means of acquisition of property. After the death of the owner, all rights belonging to the deceased with regard to property are divisible into two classes namely,

  • Inheritable rights
  • Uninheritable rights

Q2. What are Inheritable rights ?

Ans. A right is an inheritable right if it survives its owner. An inheritable right remains functional even after the death of the person to whom it belongs and devolves on his legal representative. In other words, proprietary rights i.e. rights attached to the property like debts are inheritable rights.

Q3. What are Uninheritable rights ?

Ans. A right is an uninheritable right if it dies with the owner. In other words personal rights i.e. rights associated with the person are uninheritable, as they extinguish with the death of the deceased.

Q4. What are the ways of devolution ?

Ans. There are two ways of devolution:

  • Intestate succession

The property devolves according to the law or custom by which the deceased is governed.

  • Testamentary succession

In testamentary succession, the law empowers a person to determine, during his lifetime, the disposition of the property that he leaves behind him after his death. The law respects the will of the deceased and secures its enforcement.

Q5. What do you understand by intestate succession ?

Ans. A person who dies without making a will is known as intestate and the succession to his property is known as intestate succession.

Q6. Who is a heir and what are the types ?

Ans. A person who is entitled to inherit property after the death of the intestate is known as heir. The heirs are of three types:

  • Ascendant Heir

Ascendants are the ancestors of a person both on the paternal and maternal side. The immediate ascendants are fatehr and mother. It includes father (F), Mother (M), paternal grandfather (FF), paternal grandmother (FM), maternal grandfather (MF), maternal grandmother (MM) etc. There is no limit to degrees of ascent.

  • Descendant Heir

Descendant means the offspring of a person. The immediate descendants of a person are his or her sons and dughters. It includes son (S), daughter (D), grandson (SS), granddaughter (SD), great grandson (SSS), great granddaughter (SSD) etc. There is no limit to the degree to degree of descent.

  • Collateral Heir

Collaterals are descendants in parallel lines, i.e., from a common ancestor or ancestress. For instance, brothers, sisters, and their children how low so ever, paternal and maternal uncles and aunts and their children how low so ever are all collaterals.

Q7. What is a full blood relation ?

Ans. Two persons are related to each other by full blood when they have same father and same mother.

Q8. What is a half blood relation ?

Ans. Two persons are said to be in half blood relation when they have the same father but different mothers.

Q9. What is a uterine blood relation ?

Ans. Two persons are said to be in uterine blood relation when they have same mother but different fathers.

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