Z a landlord died intestate, leaving behind him 500 acres of land. He has no legal heirs. What will happen to his property?
1. Whether property of Z will devolve on Govt. ? YES
Section 29 of the Hindu Succession Act, 1956
This problem is related to the Devolution of property of the landlord died intestate.
All these Rules are based on the Principle of Propinquity i.e. preference of heirs on the basis of proximity or nearness of relationship. Succession opens at the time of the death of the person. The idea behind succession and inheritance (by birth right) is to keep someone to be the owner of the property. The Rules of succession determines who are the heirs, Rules of preference among relations, the manner of distribution, disqualifications of heirs, mode of devolution
Intestate means a person dying without making a will. Succession of property in the absence of will is called intestate succession. When a person dies without indicating how his property succession. When a person dies without indicating how his property is to be disposed of on this death, such property shall be distributed among his relatives in accordance with the law of inheritance. The nearest relatives in accordance with the law of inheritance.
The nearest relatives would take that property i.e. heirs. Hence intestate succession is based on the law of inheritance. It prescribes the Rules relating to the distribution of property on the basis of relationship. The Hindu Succession Act, 1956 provides five categories of heirs of a Hindu male. Among them Class I heirs are called as preferential heirs. They are also known as simultaneous heirs.
In the absence of lineal descendants and kindred to the deceased, the property shall go to the Government. Section 29 of the Hindu Succession Act, 1956 provides that if an intestate has left no heir qualified to succeed to his or her property in accordance with the provisions of this Act, such property shall devolve on the Government; and the Government shall take the property subject to all the obligations and liabilities to which an heir would have been subject.
In the instant problem, the property of Z who died the intestate will devolve on Government as per Section 29 of the Hindu Succession Act, 1956. Hence in the absence of lineal descendants and kindred to the deceased, the property shall go to the Government.
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