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Study Material on Hindu

Succession Act, 1956

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Study Material on Hindu Succession Act, 1956

Introduction to the Act result of the seismic shift, putting them on par with
The Hindu Succession Act 1956 is a codified law dealing males in terms of inheriting ancestral property.
with the matters of succession of a deceased dying
intestate and it applies to any person who is a Hindu by Who is an Heir?
religion in any of its forms or development. The Act also As per Section 3(1)(f) of the Hindu Succession Act 1956,
applies to any person who is a Buddhist, Jain or Sikh by an “heir” means any person, male or female, who is
religion. entitled to succeed to the property of an intestate
under the Act. The order of succession under the Hindu
Historical Background of the Act Succession Act varies depending on whether a male or
A. Prior to 1956 female member of the coparcenary (a Hindu undivided
● Hindus were subject to property rules that were family) dies intestate (without a will).
inconsistent, differed from area to region, and
occasionally even within the same region, and General Rule of Succession under the Act
applied to different castes. The general rule of succession under the Hindu
● The Mitakshara School of succession, being Succession Act 1956 for a male who dies intestate is that
prevalent in North India, believed in the exclusive heirs known as Class I heirs, succeed in preference to heirs
domain of male heirs. in other classes. After an amendment to the Hindu
● The Dayabhaga system, on the other hand, did not Succession Act 1956 in the year 2005, more descendants,
recognise inheritance rights by birth. Further, especially females, have been elevated as Class I heirs in
both sons and daughters were not given rights to respect of property left behind by a Hindu male who has
the father’s property during his lifetime. died intestate, i.e., without making a Will.

B. 1956 ● Class I heirs

● The Hindu Succession Act came into existence on 1. Son, daughter, widow, mother
June 17th, 1956. 2. Son of a pre-deceased son
● Women’s right to inherit property was 3. Daughter of a pre-deceased son
recognised under the Act. Before the Hindu 4. Son of a pre-deceased daughter
Succession Act of 1956 was passed, women's 5. Daughter of a predeceased daughter
property rights were severely restricted. This 6. Widow of a pre-deceased son
was a major turning point in the recognition of 7. Son of a predeceased son of a predeceased son
women's property rights. 8. Daughter of a pre-deceased son of a pre-deceased
● The fundamental tenet of the Act's unified son
inheritance system illuminates the path towards 9. Widow of a pre-deceased son of a predeceased
a more effective legal system, notwithstanding son
various complications, as demonstrated by the Heirs added as per the Amended Act of 2005:
evolving involvement of women in property- 10. Son of a predeceased daughter of a pre-deceased
related matters. daughter
11. Daughter of a predeceased daughter of a pre-
C. Post-1956 deceased daughter
One important piece of legislation that served as a 12. Daughter of a predeceased son of a pre-deceased
trigger for a period of major change was the Hindu daughter
Succession (Amendment) Act of 2005. This 13. Daughter of a predeceased daughter of a pre-
legislative accomplishment gave females the intrinsic deceased son.
right to be coparceners from birth, thus tearing down According to Section 10 of the Act, the property of an
the obstacles that restricted their prospects. intestate shall be divided among the heirs in Class I
Women's rights and obligations were equalised as a Schedule in the following manner:
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5. Heirs of Father: If there are no surviving parents, the

1. The intestate’s widow, or if there are more widows heirs of the father (paternal relatives) are considered.
than one, all the widows together shall take one share. 6. Heirs of Mother: Finally, if no other eligible heirs are
2. The surviving sons and daughters and the mother of found, the heirs of the mother (maternal relatives) are
the intestate shall each take one share. considered for succession.
3. The heirs in the branch of each pre-deceased son or
each pre-deceased daughter of the intestate shall take Rule of Inheritance of Property under the Act
between them one share.
● Class II heirs 1. The Birth Right Rule
Category I: Only father A child born in a Muslim family does not get his right
Category II: to property on his birth. In fact, no such person
1. Son's daughter's son becomes a legal heir and therefore holds no right till
2. Son's daughter's daughter the time of the death of the ancestor. An heir becomes
3. Brother Sister a legitimate successor if he survives even after the
● Class III heirs death of the ancestor and is thus entitled to a portion
1. Daughter's son's son of the property. However, no such right of inheritance
2. Daughter's son's daughter or share in the property shall exist if the apparent heir
3. Daughter's daughter's son dies before his ancestor.
4. Daughter's daughter's daughter
2. Rule of Distribution
When A Male Member Dies Intestate Vesting of property takes place immediately on the
1. Class I Heirs: These are the closest relatives and have death of the propositus. Under Muslim law, the
the highest priority for inheritance. distribution of property can be made in two ways,
2. Class II Heirs: If there are no Class I heirs, the firstly per capita or per strip distribution.
succession moves to Class II heirs. According to the per capita distribution, the estate left
3. Agnates: If there are no heirs in Class I or Class II, over by the ancestors gets equally distributed among
agnates (relatives through the male line) are the heirs. Therefore, the share of each person
considered. depends on the number of heirs. The heir does not
4. Cognates: If no heirs are found in Class I, Class II, or represent the branch from which he inherits. This
among agnates, then cognates (relatives through method is generally followed under the Sunni Law.
blood connections other than the male line) come into According to the per-strip distribution method,
play. generally followed by the Shia Law, the property gets
distributed among the heirs according to the strip
When A Female Member Dies Intestate they belong to. Hence the quantum of their
1. Sons and Daughters: Sons and daughters of the inheritance also depends upon the branch and the
deceased female member are the first in line for number of persons that belong to the branch.
inheritance. If any of them are predeceased, their
children (the deceased member’s grandchildren) are 3. Rule of Representation
considered. According to the doctrine of representation if during
2. Husband: The deceased female member’s husband is the lifetime of an ancestor, any of his or her legal heirs
the next in line for inheritance. die, but the latter’s heirs still survive, then such heirs
3. Heirs of Husband: If the husband is not alive or shall become entitled to a share in the property as
qualified to inherit, the heirs of the husband are now they shall be representing their immediate
considered. generation. It is necessary to note that Roman,
4. Mother and Father: If none of the above categories English, and Hindu inheritance laws all recognise the
apply, the mother and father of the deceased female Doctrine of Representation. Nonetheless, the Muslim
member are considered. law of inheritance does not include this notion of
representation.

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Features of the Act Can ancestral property be given away to someone

other than legal heirs?
1. Creates a unified legal framework by incorporating
In the case of K.C. Laxmana v. K.C. Chandrappa Gowda,
the various facets of Hindu succession and
2022 SCC OnLine SC 47, the Karta of a Joint Hindi Family
inheritance into one legislation.
executed a gift deed "out of love and affection" for the
2. Significant progress was made by doing away with
appellant, who was raised by the Karta, and as a result, the
the idea that Hindu women had limited property
appellant received a portion of the joint family property.
rights, which removed restrictions placed on their
The same was disputed.
estates by the Act.
The Supreme Court had observed that a Hindu father or
3. Get rid of the profoundly ingrained biases against
any other controlling member of a Hindu Undivided
women in property inheritance.
Family may only give ancestral property for a "pious
4. The law includes the notion that, in the absence of a
purpose," which includes gifts made for religious or
testamentary disposition, male coparceners should
philanthropic purposes. Consequently, a deed of gift
be the principal beneficiaries. This clause both creates
pertaining to ancestral property that is carried out "out of
and maintains the traditional hierarchical structure
love and affection" is not covered by the definition of
and brings it into compliance with modern legal
"pious purpose."
sensibilities.

Grounds of Disqualification for Heirs under the Act

Sl. No Section Ground of Overview
disqualification
1 Section 24 Widow’s remarriage The wives of sons, grandsons, and brothers, if remarried, lose the right
to inheritance.
2 Section 25 Murderer Anyone who commits or helps commit a murder cannot inherit the
property of the person they killed or any other property related to the
succession they assisted in.
3 Section 26 Conversion Disqualifies the offspring of the converted heir but does not affect the
heir who has embraced a different faith.
4 Section 28 Disease, Defect or Individuals with severe mental incapacity like lunacy or extreme idiocy,
Deformity not to are excluded from inheriting property.
Disqualify:

IMPORTANT PROVISIONS OF THE ACT OF 1956 2. Have the same rights in the coparcenary property as
she would have had if she had been a son;
CHAPTER II: INTESTATE SUCCESSION 3. Be subject to the same liabilities in respect of the said
coparcenery property as that of a son.
● Section 6: Devolution of interest in coparcenary
property Case Laws:
Coparcenary property is a property acquired after
division of the ancestral property by the coparceners. 1. Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1
Once the ancestral property is divided among The issue that arose in this case was regarding the
coparceners, it is termed as self-acquired property. interpretation of Section 6 of the Act of 1956, as
This section came into effect with the Hindu Succession amended by the Hindu Succession (Amendment) Act,
(Amendment) Act, 2005. According to this section, any 2005. The provision deals with the daughter's right to
female of a Joint Hindu family governed by the Mitakshara be a coparcener.
law, will be able to:
1. Become a coparcener, by birth, in the same manner as The Supreme Court ruled that, even in cases where
a son; the father passed away prior to the Hindu Succession

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(Amendment) Act, 2005 coming into effect, a woman ● Section 12: Order of succession among agnates
or daughter would still be recognised as a joint legal and cognates
successor as a son and be entitled to inherit ancestral For the purpose of this Act, agnates mean those
property on an equal basis with a male heir. related through male descent or on the father's side.
For example, father's brother's son and father's
2. Kattukandi Edathil Krishnan v. Kattukandi brother's daughter, etc. Whereas, cognates mean
Edathil Valsan, 2022 SCC OnLine SC 737 those related through a person related not wholly
In this case, a family property was disputed wherein through males. Thus, if a person is related to the
the legitimacy of one of the contenders was deceased through one or more females, he or she is
questioned. called a cognate. For example, father’s daughter.
The Supreme Court had ruled that the coparcenary According to this section, the order of succession is to
right to inherit the family's assets extends to children be determined in accordance with the following rules,
born into cohabitation. A child born out of a long-term namely,
relationship with a live-in partner has rights over his 1. Between the two heirs (agnates and cognates),
father's ancestral property, therefore. whoever has fewer or no degrees of ascent is
preferred.
● Section 8: General rules of succession in the 2. Where the number of degrees of ascent is the
case of males same or none, that heir is preferred who has
The general rules of succession are meant for fewer or no degrees of descent.
devolution of property according to such rules among 3. Where neither heir is entitled to be preferred to
males, for the purpose of this section. These rules the other under Rule 1 or Rule 2 they take
apply when there is a will made by the deceased simultaneously.
person. The general rules of succession have been
provided hereunder: ● Section 14: Property of a female Hindu to be her
1. Firstly, upon the heirs provided in the Class I absolute property
schedule. This section grants females the right to absolute
2. Secondly, if there is no heir to Class I, then upon property which means such property is entirely hers
the heirs, being the relatives specified in Class II without any male being the owner of it. This section
of the Schedule; equates the rights of Hindu male and Hindu females
3. Thirdly, if there is no heir of any of the two with respect to property holding.
classes, then upon the agnates of the deceased; Irrespective of the property acquired by the Hindu
4. Lastly, if there is no agnate, then upon the female before or after the commencement of the Act,
cognates of the deceased. any property which is in possession of a Hindu female
will be considered to be her absolute property.
● Section 9: Order of succession among heirs in the ● Section 15: General rules of succession in the case
Schedule of female Hindus
An heir is a person who is legally entitled to inherit This section needs to be read with Section 14. This is
the property of the deceased person, if he died because when it comes to devolution of the absolute
intestate which is to say, died without making a will. property, it should happen following a general rule of
According to this section, succession. This is what is provided by Section 15.
1. Class I heirs should take property This set of rules applies when there is a will made by
simultaneously. the deceased female.
2. The first entry in Class II will take precedence The general rules of succession in the case of a female
over the second entry in Class II. Hindu have been provided hereunder:
3. The second entry in Class II will take precedence 1. Firstly, upon the sons and daughters (including
over the third entry. the children of any pre-deceased son or
daughter) and the husband;
2. Secondly, upon the heirs of the husband;

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3. Thirdly, upon the mother and father; rather than have it passed down through
4. Fourthly, upon the heirs of the father; and succession. In addition, the Court declared that
5. Lastly, upon the heirs of the mother. the daughter would inherit these properties in
addition to the coparcenary's property that was
● Section 16: Order of succession and manner of acquired by division. The Court noted that if a
distribution among heirs of a female Hindu woman dies without leaving a will, any ancestral
The order of succession in this section will be in the property given to her by her father and property
same manner as provided under Section 15. This given to her by her husband's family would pass
section will only apply when the deceased female has to her father's heirs.
passed away without making a will. To understand
Section 16, three rules need to be learnt, which 2. Kamla Neti v. LAO, (2023) 3 SCC 528
governs the section, namely: The case concerns a land of which one
Satyananda Negi, who was a member of a
1. Those in one entry shall be preferred to those in Scheduled Tribe, was an absolute owner. He died
any succeeding entry, and those included in the intestate leaving the property for his two sons.
same entry shall take simultaneously, as While both the sons died intestate as well before
provided under Section 15(1). the commencement of the Hindu Succession Act
of 1956, the property was vested in their sons and
2. If any son or daughter of the intestate had pre- one daughter. After 60 years, the property was
deceased the intestate leaving his or her own acquired by the Odisha Government for the
children alive at the time of the intestate’s death, purpose of establishing the Ultra Mega Power
the children of such son or daughter shall take Project at Bhedabahal, District Sundargarh.
between them the share which their parents In this case, the Supreme Court of India upheld
would have taken if living at the intestate’s death. that a woman belonging to a Scheduled Tribe (ST)
is entitled to an equal share of inherited tribal
3. The devolution of the property of the intestate on land. The Court urged the Central Government to
the heirs referred to in clauses (b), (d) and (e) of amend Section 2(2) of the Hindu Succession Act,
sub-section (1) and in sub-section (2) of Section 1956 which expressly exempts tribal women
15 will be in the same order as would have been from the scope of the Act.
applied in cases of the father, the mother or the
husband. ● Section 18: Full blood preferred to half-blood
It is necessary to note that two persons are said to be
Case Law: related to each other by full blood when they are
descended from a common ancestor by the same wife.
1. Arunachala Gounder v. Ponnusamy, (2022) Whereas, two persons are said to be related by half-
11 SCC 520 blood when they are descended from a common
The case concerns the self-acquired property of a ancestor but by different wives.
Hindu man who died intestate leaving behind his According to this section, heirs related to an interstate
only daughter. The man also had a brother who by full blood will be preferred over those related by
had pre-deceased him. The daughter died half blood.
issueless and the property was then acquired by
● Section 20: Right of child in womb
the five heirs of her uncle. One of the heirs was a
According to this section, a child who was in the
female who filed a suit for partition of the
womb at the time of the death of an intestate and who
property. Aggrieved by the decision of the
is subsequently born alive shall have the same right
Madras High Court, the appellant approached the
to inherit to the intestate as if he or she had been born
Supreme Court.
before the death of the intestate. In such a case, the
The Supreme Court ruled that a Hindu male dying
inheritance will be vested from the date of the death
intestate would inherit his self-acquired property
of the intestate.
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● Section 29: Failure of heirs CHAPTER III: TESTAMENTARY SUCCESSION

This section establishes the Doctrine of Escheat
which signifies that where an individual dies intestate ● Section 30: Testamentary succession.
(without a will) and does not leave behind an heir Any succession which is governed by a will is known
who is qualified to succeed to property, the property as testamentary succession. Under Hindu Law, a
devolves on Government. Hindu male or female has the right to make a will of
his/her property in favour of anyone. In such cases,
the property will devolve according to the will of the
deceased.
According to this section, any Hindu can dispose of
any property by means of a will, provided such
property is capable of being disposed of.

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