Succession to property. “Per Capita” and “Per Stripes” explained.

Succession to property. “Per Capita” and “Per Stripes” – explained in simple diagram & words.

In Per Stirpes a person’s share of the inheritance will go to his heir. In Per Capita heirs will not receive any share.

Consider an example where, Mr.X has two children A and B. A has a son S1 and daughter D1 and B has a son S2 and daughter D2. A dies before X. Then after the death of X

In per stripes, A and B each will get 1/2 the share after a notional partition and their share will go to their respective children according to the rules of intestate succession applicable.

In per capita the entire property will go to B and the heirs of A will not get any share. So Per Capita distribution looks at the number of surviving heads on the generational line.

Before the 1956 Act in the above example on death of X – B, S1 and S2 would be the coparcenors( per capita) and would hold the property as joint tenants and their share would decrease on birth of a new coparcenor and increase on death of an exsisting coparcenor.

After the 1956 Act, on death of X – since A and B have a class 1 female heir they hold the property as tenants in common. A notional partition would be done and A and B would first get 1/2 share each ( per stripe )

Then A’s 1/2 share would be divided between himself and his son. So A is left with 1/4 and S1 will get 1/4. Then the 1/4 share in the hands of A would become his separate property and in this his son and daughter would have equal share. So D1 would get 1/8 and S1 will finally get 1/8 + 1/4. same per stripe division will happen in B’s branch.

After the 2005 Amendment on the death of X, A and B will get 1/2 share and on death of A and B their children will get equal shares. So S1, S2, D1 and D2 will all get 1/4 share each.

S. Basavaraj, Advocate, Daksha Legal.