NISM Certifications · NISM-Series-X-B: Investment Adviser (Level 2) · Basics of Estate Planning
Ms. Kavita Nair, a widow, dies intestate, a Hindu governed by the Hindu Succession Act, 1956. She owned self-acquired property and is survived by a son, a daughter and her late husband's mother (her mother-in-law). How is her estate generally distributed?
The estate goes equally to the son and daughter. Under the Hindu Succession Act, a female's children, along with her husband, are first-preference heirs, and they exclude later heirs such as the husband's relatives. The mother-in-law therefore receives nothing.
- AEntirely to the son, as the male heir
- BEqually among the son and daughter only, as Class I heirs, with the mother-in-law excludedCorrect
- CEqually among the son, daughter and mother-in-law
- DTo the mother-in-law, since the husband's family has priority
Explanation
For a Hindu female dying intestate, her own children (sons and daughters) and the husband take first as per the Act's order. Children are first-preference heirs and exclude later heirs. The mother-in-law is not among them, so son and daughter share equally.
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