What Does Predeceased Son Mean in Hindu Law?

It is crucial for every Indian to know about predeceased son meaning in Hindi or in English. The meaning of predeceased son is very simple. It means that the eldest son of the family has died before his father or in hindi it means पूर्व मृत बेटा या घर का सबसे बड़ा बेटा जिसकी मृत्यु अपने पिता के पहले हो गयी हो। What is most important here is to know the succession rights after the eldest son or male of the house dies. I will tell you about it 

Now that you know what does predeceased son mean in Hindu law, let me tell you about the succession criteria in such a case. Succession is the transmission of rights and obligations in an estate, of a deceased person to his heir or heirs. So, to summarise, succession is the transfer of ownership of a property (movable or immovable) from a deceased person to that person's legal heirs or agent.

Intestate Succession: When a person passes away leaving behind property but not a will, testament, or other directive that could be carried out in line with the law in effect, the aforementioned property will be dispersed to the deceased's legal heirs in accordance with the laws of inheritance. Intestate succession refers to this type of devolution in which the property devolves and is allocated in accordance with the laws of inheritance.

Succession of a property of a Male Intestate or Predeceased Son

All the heirs are split into four classes or categories based on whether they are connected by blood, marriage, or adoption. This classification is based mostly on the heir's proximity to the deceased, however other elements like natural love and affection are also taken into account. Additionally, the former regime's preference for agnate over cognate has been maintained.

Rules for devolution of property of a Male Intestate or Predeceased Son

When an intestate person passes away, the property will first pass to class I heirs; if there is only one class I heir, the property will not pass to class II heirs. If there are no class II heirs, the property will pass to class III or agnates, which primarily consists of the leftover heir who is a blood relative of the intestate and related to him by a long male chain of relatives. Any other blood relative of the intestate will become entitled to the property if there is no class III heir present.

It is important to note that the Act's provisions or any corresponding schedule do not completely foreclose an individual from inheriting a decedent's property in the absence of a close relative, if they can prove his blood relationship to the deceased, no matter how far away. 

Class I Heirs of Predeceased Son

People who belong to Class I heirs in case there is no will, get the property. Eleven female and five male members make up the category. In addition, unlike the previous joint family system, none of the class I heirs may assert a birthright in the inherited property. All class I heirs take the property completely and solely as their own distinct property.

The following heirs find a place in Class I:

Class II heirs of Predeceased Son

If a male Hindu passes away unmarried and is not survived by any members of class I, class II heirs will inherit the property. There are nine subcategories within the second class of heirs, which consists of 19 heirs, ten of whom are male and nine of whom are female. The division of class II heirs into numerous subcategories is shown in the table below:

Agnates

The property would descend to agnates if a Hindu male died intestate and left no class 1 or class 2 heirs. If two people are linked through blood or adoption solely through males, they are said to be an agnates of one another. Agnate relationships are limited to those formed by blood and do not include marriage. Additionally, widows of the intestate's lineal descendants are not considered agnates.

Cognates

The inheritance would be through cognates in the case of a Hindu male who passes away without leaving a will and who has neither class 1 nor class 2 heirs nor agnates. Cognates are those who share some male ancestry with the intestate, either through blood or adoption. As a result, the sons of the mother's brother and the brother's daughter are cognates and entitled to inherit.

I hope I was able to explain to you predeceased son meaning in hindi in english.