1. Through Will
2. Through Personal Law
Inheritance through a Will:
A will or testament is a legal document that expresses the wishes of an individual, specifying the names of one or more persons entrusted with managing the testator's assets and outlining the transfer of the deceased's property upon death.
If a father (testator) leaves a will, the property distribution among the brothers is stipulated. The testator appoints an executor, distinct from a court-appointed administrator, to oversee the execution of the will.
Inheritance according to Personal Law:
In India, the inheritance and distribution of the deceased person's property are determined by the law of succession when no equivalent documents declare the deceased's intentions.
Under Muslim Law:
Muslim law does not recognize the concept of ancestral property or inherent rights by birth. Islam acknowledges the validity of a person leaving behind a will, with a will being valid for up to one-third of the deceased's estate unless approved by all heirs. Specific provisions under Muslim law include:
- A Muslim wife cannot be evicted.
- In the case of multiple wives, property is shared.
- Widows are entitled to a specific share.
- Male heirs/sons receive twice the share of female/daughters.
Under Hindu Law:
Sections 8 and 9 of the Hindu Succession Act, 1956 govern the distribution of property after the death of a Hindu male. In cases where a Hindu dies without a will, the property passes to Class I heirs, with the exception of all other heirs. If Class I heirs are absent, Class II heirs inherit the property. For example, if a father dies leaving behind his wife and four sons, each son inherits an equal share of the property.
Legal Process of Distribution:
Before claiming any property left by the deceased, outstanding debts must be settled. Property distribution among brothers, as per the father's will, requires clarity to avoid legal complications. In the absence of a will, property can be distributed through:
- Partition Deed: Filed by one or all brothers to partition the property.
- Family Settlement:An agreement among family members on property distribution, often facilitated by a third party, such as a lawyer or senior family member, to resolve disputes amicably.
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