MARRIAGE AS A BASIS FOR HEIRSHIP :

A DETAILED STUDY

Presented by
Debangan Das(18)
3rd Year
National Law University Assam
 ● Marriage under Hindu customary law
According to Vedic traditions, Gandharvavivaha, which is based on two people's mutual love and attraction, is the most revered and
often used sort of marriage among these.

● Queer Marriages in the Hindu Context

The Kamasutra acknowledged the existence of third-sex dwellers and their marriage. In reality, Hindu law has never expressly
prohibited gay marriages; in fact, such non-binary gender marriages are encouraged in most of the major Hindu texts that are
followed, as has also been noted over time by a number of religious leaders, priestly scholars, and spiritual teachers who have
expressed their personal views on the subject based on their own readings, experiences, or practises.

● Heir and the Inheritance

The law acknowledges the idea of an heir, which refers to people who are legally qualified to inherit. The term "heir" refers to a
person who is legally qualified to receive a deceased ancestor's estate after the ancestor went away without leaving a will. Both men
and women are eligible to be heirs.
 ● Heirs according to the Hindu Succession Act
The impact of the HSA on everyone's property rights is discussed in this piece. Every time a Hindu passes away interstate, the HSA is questioned (without leaving
a will). Succession after that is determined by the HSA's guidelines. The following people inherit a Hindu man's property in the order of their preference in the
case of his intestate death.

● Inheritance of daughters under the Hindu Succession Act

After death, the deceased person's property, title, obligations, and liabilities will be in the control of the heir. Although both movable and immovable property is
usually viewed as heritage, various cultures have diverse concepts of inheritance.

● Property rights and Inheritance of mother on son’s property

A mother is the legal heir to her son's estate. A man's mother, wife, and children all inherit equally from him, therefore they all have a claim to his property if he
passes away leaving them behind. Please be advised that the mother's share of her son's property will pass to her legal heirs, which would be her other children, if
she passes away without making a will.

● Inheritance of an adopted child

An adopted child, however, is not permitted to claim his adoptive father's property if the latter was disqualified from inheriting anything because of a potential
crime he may have committed. If the father had converted to a different religion and the adopted child is also a follower of that religion, even in this case, the
adopted child cannot inherit the ancestral property.
● Property rights and Inheritance of an abandoned first wife and the inheritance of the second wife
If a Hindu man marries someone else after divorcing his wife without giving her a divorce. In this situation, his prior marriage has not been legally dissolved, and the first wife and their
children are legitimate heirs.

● Spouse Heirship in the property

Only her mother and father will receive a distribution of a deceased female's property if she was not married. Her property will be divided among her legal heirs and her self-acquired
property will be divided among her mother and father's heirs if her father and mother are not still alive. In plain language if a woman dies without leaving a will, her parents will be
entitled to inherit her assets. The property can be claimed by her father and mother's heirs if they are deceased.

● Recognition of Third Gender in India

Gender identification is the first step in realising the necessity of and developing a system of enforcement for the numerous human rights to which every person is entitled,
including third-sex people. The third gender culture includes a number of issues relating to marriage and other rights that call for a variety of solutions and behaviors, all of
which must be reflected in laws and policies as well as in the mindset of the general public and the government.

● Same-Sex Marriage in India

Wills and trusts also have a significant role to play in the lives of same-sex spouses. Indian law has made same-sex marriages permissible thanks to the
decriminalisation of Section 377 of the Indian Penal Code. In a nation where the LGBTQ+ community has largely been marginalized and shunned, this
decision was a welcome breath of new air. Marriage can be thought of as a basic human right by both straight and same-sex couples.