The Hindu Succession Act, 1956, is a very crucial legislation governing inheritance of property in India among Hindus. It comprehensively outlines how movable and immovable properties can be distributed amongst members of the family after a person’s death. The Act recognizes rights of individuals mainly on the theme of equal inheritance and aims at providing a proper structure for succession in the event of a testator’s demise without a will. However, provisions of the Act have been extensively debated, mainly in terms of gender equality and the distribution of ancestral property.

It deals with various categories of heirs and the distinction between ancestral and self-acquired property and all that follows from it on both men and women. This  article sets out to demystify these complex provisions and presents a simplified guide on who inherits what under the Act.

Types of Property Covered

The Act distinguishes between:

• Ancestral Property: Inherited up to four generations within a family. Every coparcener has an equal share by birth.
• Self-Acquired Property: Property independently acquired by an individual, which can be freely disposed of through a will.

What is a Coparcenary?

The Hindu law has defined coparceners, which forms an integral part of the family system under Hindu Undivided Family (HUF). The term coparcenary refers to family members who have rights by birth in the ancestral property.Coparcenary includes lineal descendants of the same common ancestor within four generations. 

Key Characteristics:

• By Birth: A coparcener acquires a right to the ancestral property as soon as they are born.
• Limited Membership: Only lineal descendants, up to four generations, can be coparceners.
• Undivided Interest: Each coparcener owns an undivided share in the ancestral property, which fluctuates as new members are born or existing members pass away.

Applicability of Act ( Sec. 2 )

• It applies to individuals identifying as Hindus in various forms, including sects like Virashaivas, Lingayats, and followers of movements like Brahmo, Prarthana, or Arya Samaj.
• It includes Buddhists, Jains, and Sikhs by religion.
• It extends to individuals who are not Muslim, Christian, Parsi, or Jew, provided they are customarily governed by Hindu law or related practices.

Explanation for Inclusivity of “Hindus”

The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be

• Children (legitimate or illegitimate) with both parents as Hindus, Buddhists, Jains, or Sikhs.
• Children with one parent belonging to these religions, provided the child is raised within the parent’s religious community or practices.
• Converts or reverts to Hinduism, Buddhism, Jainism, or Sikhism.

Exclusion for Scheduled Tribes (Section 2(2)): The Act does not apply to Scheduled Tribe members (as defined in Article 366(25) of the Constitution) unless the Central Government issues a notification extending its applicability.

Exemptions (Section 5)

This Act does not apply to:

• Property under the Indian Succession Act, 1925: Properties governed by Section 21 of the Special Marriage Act, 1954.
• Ruler’s Estate: Estates that descend to a single heir due to covenants or agreements with the Indian Government or specific enactments.
• Special Estates: Specific estates like the Valiamma Thampuran Kovilagam Estate and the Palace Fund, governed by unique provisions.

Devolution of Coparcenary Property (Section 6, Post-2005 Amendment)

Equal Rights to Daughters: Daughters in a Hindu Joint Family governed by Mitakshara law become coparceners by birth, just like sons.They have equal rights, liabilities, and responsibilities in coparcenary property as sons.

Retrospective Effect with Limitations: Rights are granted to daughters born before or after the amendment, but they do not affect dispositions, partitions, or testamentary transfers made before December 20, 2004.

Property Rights of Female Coparceners: Any property a female Hindu acquires as a coparcener can be freely disposed of by testamentary disposition (through a will).

Devolution of Property on Death:

• If a Hindu dies after the amendment, the property is divided as though a partition occurred immediately before death.
• Daughters receive the same share as sons.
• The share of a predeceased son or daughter is passed to their children.
• Similarly, the share of predeceased grandchildren is passed to their children.

Interest of Coparceners: The share of a deceased coparcener is determined as if the property was divided just before their death, irrespective of whether they could claim a partition.

Abolition of Pious Obligation Doctrine: Sons, grandsons, and great-grandsons are no longer liable for debts incurred by their ancestors solely on the basis of pious obligation.However, debts contracted before the amendment are enforceable under the old rules of pious obligation.

Partition Exceptions: This section does not apply to partitions made before December 20, 2004.A valid partition is defined as one executed through:

• • A registered deed under the Registration Act, 1908, or
  • A court decree.

General Rules of Succession for Male Hindus ( Sec. 8 to Sec. 13)

Section 8: General Rules of Succession for Males

Order of Devolution:

(a) Property devolves first to the heirs in Class I of the Schedule.

(b) If no heirs in Class I, it devolves to heirs in Class II.

(c) If no heirs in either class, it devolves to the agnates (relatives through the male line).

(d) If no agnates, it devolves to the cognates (relatives through the female line).

Section 9: Order of Succession Among Heirs in the Schedule

Class I Heirs:
Heirs in Class I inherit simultaneously, excluding all other heirs.

Class II Heirs:
Within Class II, the first entry takes precedence over the second, and so on.

Section 10: Distribution of Property Among Class I Heirs

Widow(s): The widow or all windows together take one share.

Sons, Daughters, and Mother: Each surviving son, daughter, and mother take one share.

Branch of Pre-deceased Children: The heirs of each pre-deceased son or daughter take one share between them.

Share Distribution:

• Pre-deceased Son’s Branch: The widow(s) and surviving children in the branch get equal portions, including the pre-deceased son’s share.
• Pre-deceased Daughter’s Branch: The surviving children share equally.

Section 11: Distribution of Property Among Class II Heirs

Equal Sharing: Property among heirs in any one entry of Class II is divided equally.

Section 12: Order of Succession Among Agnates and Cognates

Preference Among Agnates/Cognates:

Rule 1: The heir with fewer or no degrees of ascent (ancestors) is preferred.

Rule 2: If the number of ascent degrees is the same, preference is given to the heir with fewer or no degrees of descent (descendants).

Rule 3: If neither rule applies, the heirs share equally.

Section 13: Computation of Degrees

Relationship Calculation: The relationship between the intestate and heir is measured in degrees of ascent (ancestors) or descent (descendants), or both.

Inclusion of Intestate:  Degrees are counted inclusive of the intestate.

Generation as Degree: Each generation counts as one degree.

Heirs in Class I and Class II

Class I Heirs: The closest relatives who inherit equally includes as follows

• Direct Descendants: Son, daughter.
• Spouse and Parents: Widow, mother.
• Children of Pre-deceased Children: Son and daughter of a pre-deceased son, Son and daughter of a pre-deceased daughter.
• Further Descendants: Son and daughter of a pre-deceased son of a pre-deceased son.
• Widows of Pre-deceased Sons:Widow of a pre-deceased son,  Widow of a pre-deceased son of a pre-deceased son.
• Extended Descendants (added by amendment):
  • Son and daughter of a pre-deceased daughter of a pre-deceased daughter.
  • Daughter of a pre-deceased son of a pre-deceased daughter.
  • Daughter of a pre-deceased daughter of a pre-deceased son.

Class II Heirs: If no Class I heirs exist, inheritance passes to Class II heirs in the following order:

I. Father.

II. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister. 

III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s daughter’s son, (4) daughter’s daughter’s daughter. 

IV. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.

V. Father’s father; father’s mother. 

VI. Father’s widow; brother’s widow.

VII. Father’s brother; father’s sister.

VIII. Mother’s father; mother’s mother.

IX. Mother’s brother; mother’s sister. 

Explanation.―In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood. 

Property Rights and Rules of Succession of Female Hindus ( Sec 14 to Sec 16)

Section 14: Property of a Hindu Female

Any property owned by a female Hindu, whether acquired before or after the Act, is her absolute property, not a limited one.It includes movable and immovable property acquired by inheritance, partition, maintenance, gift, purchase, personal skill, or any other manner, including stridhana.

Exceptions: If property is acquired through a gift, will, or other instrument, or by decree or award that explicitly restricts ownership, it will be governed by the specified conditions.

Section 15: General Rules of Succession for Female Hindus

Order of Succession:  If a female Hindu dies intestate, her property devolves as follows:

• Sons, daughters (including children of predeceased children), and the husband.
•  Heirs of the husband.
•  Mother and father.
•  Heirs of the father.
• Heirs of the mother.

Special Provisions :

• Property inherited from father or mother devolves upon the father’s heirs if the female has no surviving children or grandchildren.
•  Property inherited from husband or father-in-law devolves upon the husband’s heirs if there are no surviving children or grandchildren.

Section 16: Succession Order and Distribution

Preference Among Heirs (Rule 1): Heirs in an earlier entry of Section 15(1) take precedence over those in subsequent entries.Heirs within the same entry inherit simultaneously.

Predeceased Children’s Branch (Rule 2): If a son or daughter predeceased the female, their children inherit the share the deceased child would have received.

Heirs of Father, Mother, or Husband (Rule 3): The property inherited by heirs under Section 15(1)(b), (d), and (e) devolves following the rules that would apply as if the father, mother, or husband had died intestate immediately after the female’s death.

General provisions relating to succession ( Sec. 18 to Sec. 29)

• If heirs are related to the deceased (intestate) through both parents (full blood) and others through one parent (half blood), the full-blood heirs will inherit first, provided their relationship to the deceased is the same in all other respects.( Sec.18)
• When two or more heirs inherit together then they inherit equally as individuals (per capita) and not by family branches (per stirpes) and they inherit as tenants-in-common, not as joint tenants.( Sec 19)
• A child in the womb at the time of the intestate’s death, and later born alive, has the same inheritance rights as if they were born before the death. Their inheritance is deemed effective from the date of the intestate’s death. ( Sec 20 )
• If two people die in circumstances where it is unclear who died first, it is presumed that the younger person survived the elder, unless proven otherwise. This affects how their property is inherited.( Sec 21)
• If a Class I heir wants to sell their share in the deceased’s immovable property or business, the other Class I heirs have a preferential right to buy it.The price will be decided by mutual agreement or by the court.If multiple heirs want to buy, the one offering the highest price gets the preference.( Sec 22)
• A person who murders or abets a murder is disqualified from inheriting the victim’s property or any property they would inherit by causing the death.( Sec 25)
• A Hindu who converts to another religion doesn’t lose inheritance rights, but their children born after conversion are disqualified from inheriting Hindu relatives’ property unless they are Hindus when succession opens.( Sec 26)
• If an heir is disqualified (e.g., murderer or convert’s descendants), the property passes as if the disqualified person had died before the intestate.(Sec 27)
• No one is disqualified from inheriting property because of disease, disability, or deformity, except as specifically provided by the Act.(Sec.28)
• If there are no heirs to inherit the deceased’s property, it goes to the Government, which assumes all obligations and liabilities of an heir.( Sec. 29)

Conclusion

Inheritance laws can be quite complex, especially when disputes arise or the legal documents, such as wills, are ambiguous. Timely legal advice can help individuals secure their rightful claims, avoid conflicts, and ensure that their wishes are honored. Whether it involves drafting a comprehensive will, understanding coparcenary rights, or resolving disputes amicably, consulting with legal professionals is essential for safeguarding one’s interests and promoting harmony.  For professional assistance in creating a legally valid Will or understanding coparcenary rights, you can consult experts at www.asmlegalservices.in, www.easywillindia.com, or the author of this article at www.lifeandlaw.in, who can guide you in the easiest way.

Adv. A. S. Mulla

Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….