Conditions of Inheritance: What you need to fulfill?

Economics 14 Jan 2021 Contributor
Opinion
conditions of inheritance
© Poramate Cheewapat | Dreamstime.com

Just as there are certain causes and obstacles of inheritance, there are also certain conditions of inheritance. That states one cannot be inherited from another’s property until the conditions have been fulfilled. The conditions are as follows:

First condition of inheritance: The death of a person

This means that the owner of the property should have died. One’s property cannot be inherited while he is still alive. The death of the owner of the property might be of two types:

1) In reality: The owner of the property really dies and his death is confirmed by observation or the testimony of witnesses.

2) In judgment: A judge sentenced the owner of the property to death. Like the cases of a missing persons when there are no hope of finding them.

This means, only after the owner’s death, his surviving heirs will inherit his property and the property will be distributed among the heirs in certain proportions.

Second Condition of inheritance: To know for sure whether the heir is alive after the inherited person’s death

This means that the heir of the deceased must survive after the death of the owner. It can be known in two ways:

Actually, in the sense that the heir’s survival is proved by the testimony of someone.

And potentially, i.e. the heir probably survives at the time of the owner’s death. Like in the case of pregnancy. If the inherited child is in the womb and there is a strong possibility that he is alive, the child will be inherited after birth.

So, if by any means it is known that the owner’s heirs are not alive after his death, then naturally there will be no question of inheritance between them.

Third condition of inheritance: Absence of all obstacles to inheritance (as mentioned in another article)

If these three conditions are met and all the reasons for the inheritance are established, then the heirs will inherit the property of the deceased owner in a certain proportion.