All About Inheritance Laws in West Bengal for Inherited Land Property
The inheritance laws that were traditionally followed by Hindus in India were established in Mitakshara. However, a few differences in opinion on inheritance led to the need for re-codification. The Dayabhaga legal principles were written that period in the twelfth century by “Jimutavahana.” West Bengal, Odisha, and Assam follow the Dayabhaga inheritance laws whereas the rest of India adheres to the Mitakshara inheritance laws.
In West Bengal, there is a fundamental difference between Mitakshara and Dayabhaga law. According to Mitakshara, a boy’s birth qualifies him for his father’s fortune. As per West Bengal’s Dayabhaga law, a son inherits his father’s property whether the father dies or not, depending on the circumstances. Bengal inheritance law also covers several aspects. They are the indivisible portion of the estate, the alternative inheritors, and the widow’s share. Keep in mind that inheritance laws in West Bengal and other places only apply if the owner passes away intestate, or without having made a will.
The Dayabhaga law of West Bengal is based on writings by the ancient philosopher Manu (in Manusmriti). It emphasizes each young child’s place in the legacy. It provides the same meaning for cognates and agnates (sons) (daughters). Additionally, other lady connections, such as those between a widow, a widowed daughter-in-law, and her daughter, have property rights. As a result, women who are members of the same family are made co-heirs to the property under West Bengal’s inheritance laws. However, it is easiest to do once the owner of the possessions passes away. Let’s examine a couple of the Dayabhaga regulation’s duties in West Bengal.
A widow is entitled to inherit. A widow in West Bengal is entitled to her husband’s possessions, according to the state’s inheritance laws. The widow is entitled to the deceased person’s possessions if there is no male successor (son) left. The widow may be entitled to her husband’s share of the family’s possessions. Even though the property was not split at the time of the husband’s death, this will remain the case.
Man’s absolute right over self-acquired possessions. A man has general control over the possessions he has acquired throughout his life. Following West Bengal’s inheritance laws, his sons have no claim to it. At some point in his lifetime, he can get rid of it whatever he pleases. After his father passes away, a son might inherit his father’s share of the family’s possessions.
Right to the father’s possessions while the mother is still living. The sons have a right to their father’s possessions after his death, but that right isn’t unqualified. Without the mother’s permission, the boys cannot sell or divide the property. To do the same, they must wait until the mother has passed away or have her written authorization.
At some point in the husband’s life, the wife is entitled. If the husband decides to split his possessions among his heirs, he must include his wife as an heir. The spouse and the children will be given equal weight in West Bengal’s inheritance laws as a result of this. However, if the wife has received her “streedhan,” she may also claim only half of the share of what the son receives.
West Bengal’s inheritance laws state that the brothers are responsible for the lone sister. They must prepare for a proper wedding ceremony and look through the sister’s requests. She is looked after in this way but has no ownership rights to the property.
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