Hindu Uttaradhikar Adhiniyam Explained: Who Gets What?

In order to change, codify, and secularize the laws pertaining to intestate or unwilled succession among Hindus, Buddhists, Jains, and Sikhs, the Indian Parliament passed the Hindu Uttaradhikar Adhiniyam, 1956. The Act establishes a unified and all-inclusive system of succession and inheritance. 

The Act eliminates the limited estate of Hindu women. Any property that a Hindu woman has is hers to keep as absolute property, and she has complete authority to manage and dispose of it however she pleases. The Hindu Uttaradhikar Adhiniyam (Amendment), 2005, altered several provisions of this Act in December 2004.

What is Uttradhikari Praman Patra?

A Uttradhikari Praman Patra is typically the main document that the heirs can use to claim the deceased’s assets in the event that there is no will. Since they are usually in charge of issuing them, one must apply to a magistrate or a high court in order to receive a Uttradhikari Praman Patra.

This certificate does not grant any ownership rights to the claimed property, but it does permit the successor or successors to collect the deceased’s obligations and securities. This is due to the fact that the certificate does not establish the deceased person’s title, right, or interest in a specific piece of property or the entire property. 

Nonetheless, the property of an intestate deceased individual is entitled to be inherited by the successor or successors. For immovable property, additional documents, such as a gift deed, may be required. 

Letter of Succession

The heirs of a piece of property or financial assets must establish their claims to them in the absence of a will or nomination. In certain situations, an heir may be required to present the letter of administration or the Uttradhikari Praman Patra, depending on the asset.

A civil court issues a Uttradhikari Praman Patra to a deceased person’s heirs. The court may award an Uttradhikari Praman Patra to realize the deceased’s debts and securities if they pass away without leaving a will. It proves the heirs’ legitimacy and grants them the power to inherit debts and have securities and other assets transferred into their names. 

It is granted in accordance with the relevant inheritance rules once a beneficiary applies to a court with the necessary authority. Although it’s not usually enough, a Uttradhikari Praman Patra is required to release the deceased’s assets. These will require no-objection certificates, a letter of administration, and a death certificate.

The Uttradhikari Praman Patra is necessary for movable assets such as bank deposits, shares, loans, provident funds, and other securities. One must present the letter of administration to substantiate their claim for immovable property, such as jewellery or land. 

There is a provision for the nominee in the event of shares, bank accounts, and provident funds. However, the Uttradhikari Praman Patra may be requested by the court in the event of a dispute. In a similar vein, the financial institution may request that the claimant present the Uttradhikari Praman Patra if the sum involved is substantial or if it has reason to suspect that the claimant is not authentic.

The legal heirship certificate, which is simpler to get than the Uttradhikari Praman Patra, may occasionally be requested by the bank or other financial institution. The distinction is that a Uttradhikari Praman Patra is produced to verify the legitimacy of the heirs and grant them the right to inherit the assets, while a legal heirship certificate is issued to identify the deceased’s live heirs.

How to apply for a Uttradhikari Praman Patra?

1. Petition:

The civil court of competent jurisdiction must receive a properly signed and confirmed application.

The petition must include information such as the petitioner’s name, the names of the deceased’s legal heirs, the petitioner’s relationship to the deceased, the petitioner’s rights, the residences of the deceased’s family members, the details of the deceased’s death, the death certificate, and the debts and securities for which a Uttradhikari Praman Patra must be obtained. 

2. Fee

A certain sum is assessed as a court charge for this procedure in accordance with Schedule II of the Court Fees Act, 1870. States may have different stamp duty rates. 

3. Process

The court publishes a 45-day newspaper notice. Anyone who has issues with it can submit an objection. The court issues a Uttradhikari Praman Patra in the absence of any objections. It takes five to seven months to complete this process.

Uttradhikari Praman Patra for Property 

A Uttradhikari Praman Patra, which recognizes a legitimate person as the heir of a deceased person, is issued by a competent civil court. This document gives the successor or successors the right to pursue any unpaid debts or securities that are owed to the deceased. 

However, since it does not establish the deceased person’s right, title, or interest to a specific piece of property or the entire estate, it does not confer the right to claim their belongings. However, an intestate person’s property or properties may be inherited by their successor or successors.

The entire estate under a lawfully executed will belong to the executor, and a Uttradhikari Praman Patra cannot be issued in such cases, as stated in Section 370 of the Indian Succession Act. According to Section 371 of the aforementioned Act, the District Court, whose jurisdiction the dead person typically resided in, is the appropriate court to issue such a certificate.

For Movable Properties 

One important document that the court issues to enable the heirs of a deceased person to claim their movable assets is a Uttradhikari Praman Patra. Getting the right guidance is crucial while creating and utilizing this certificate. This certificate, which is applied to movable assets like bank deposits and fixed deposits, is usually required before banks release monies or FDs.

The Civil Court may issue a Uttradhikari Praman Patra to release a person’s debts and securities in the event that they pass away intestate, meaning they left no will. The heirs’ legitimacy is established by this certificate, which also grants them the power to transfer deposits and other assets into their names.  

This Uttradhikari Praman Patra is granted by the applicable inheritance laws in response to an application submitted by the beneficiaries to the appropriate court.

To inherit assets or have them transferred into their name, a beneficiary must first apply for a Uttradhikari Praman Patra at the same court in the jurisdiction where the deceased lived. The petitioner is verified by this document, which also gives them permission to have the assets transferred into their name. 

Nonetheless, the recipient bears the obligation and accountability to uphold any debt or security pertaining to that specific property. Every time a receiver applies to a court with the necessary authority, the document is issued in accordance with the applicable inheritance rules.  

For Immovable Properties 

In this case, we come across circumstances in which legitimate heirs assert a claim to the possession and ownership of a property. The Law of Natural Succession, which states that class I legal heirs inherit property, or a will might serve as the basis for a methodical transfer of property titles. 

Through a partition or a gift deed, a transfer can even take place while the individual is still living. The individual obtains full ownership control after the transfer procedures are finished, and our company can help with related services including acquiring documentation and, if necessary, easing future transactions.

A Uttradhikari Praman Patra might be required, for example, if an overseas national feels they have a claim to a plot of property but a parent, uncle, or aunt passed away without leaving a will, necessitating the acquisition of the required paperwork to support their claim. 

Rules dictate how the deceased’s assets are distributed to their heirs, but obtaining legal heir certificates can be difficult for some people, necessitating the right kind of guidance.

The time of the deceased’s death or a death certificate as proof, the deceased’s residence, the deceased’s family and other kin and their residential addresses, proof of the applicant’s right or ability to be named the successor, adequate proof that the asset does not fall under restrictive cases, and full details of any debt or security attached to the property are usually required when applying for a Uttradhikari Praman Patra.

The Hindu Uttaradhikar Adhiniyam (Amendment) Act, 2005

Sections 4, 6, 23, 24, and 30 of the Hindu Succession Act, 1956 were modified by the Hindu Succession (Amendment) Act, 2005. By providing daughters of the deceased the same rights as sons and exposing them to the same obligations and limitations, it updated the laws governing coparcenary property. In essence, the amendment uses legislation to promote equal rights for Hindu men and women in society.

Applicability Under Uttaradhikar Adhiniyam

According to the religion

This Act applies to the following:

• any individual who is a Hindu by religion in any of its manifestations or developments, such as a Virashaiva, a Lingayat, or a member of the Brahmo, Prarthana, or Arya Samaj; any individual who is Buddhist, Sikh, or Jain; and to any other individual who is not a Muslim, Christian, Parsi, or Jew by religion, unless it can be demonstrated that, had this Act not been passed, the individual in question would not have been subject to Hindu law or any custom or usage as part of that law with regard to any of the issues covered herein. 

The following section explains who will be categorized as a Hindu, Buddhist, Jains, or Sikh by religion:

• any legitimate or illegitimate child whose parents are either Buddhists, Sikhs, Jains, or Hindus; any legitimate or illegitimate child whose parents are either of these religions and who is raised as a member of the tribe, community, group, or family that the parent is or was a part of; any individual who has converted or re-converted to any of these religions. 

Although a person may not be a Hindu by religion, they are nonetheless covered by the Act’s requirements under this section and will be treated as such.

According to the tribe of the Person

Notwithstanding the aforementioned religious beliefs, the Act does not apply to members of Scheduled Tribes as defined by clause (25) of Article 366 of the Indian Constitution, unless specifically directed by the Central Government through a notice published in the Official Gazette. Surajmani Stella Kujur vs. Hansdah-SC Durga Charan.

In the case of males under Uttaradhikar Adhiniyam

In the event that a Hindu man dies intestate—that is, without a will—heirs in Class I would receive their property first. The property will be distributed to successors in Class II if no heirs fall under Class I. The deceased’s agnates or relatives through male lineage will inherit the property if there are no heirs in Class II. The property is transferred to cognates or any relatives through the females’ lineage if there are no agnates or relatives through the male’s ancestry.

The Act distinguishes between two groups of heirs. 

Class I Sons, daughters, widows, mothers, and grandkids are all considered heirs.

Each of the surviving sons, widows, and multiples of any of the other heirs mentioned above will receive a portion of the deceased’s estate. Additionally, the widow of a brother, the widow of a predeceased son, or the widow of a predeceased son who has remarried is not eligible to receive the inheritance. 

Class II The following categories of heirs are assigned the deceased’s property in the following order:

• Father
• Son’s/daughter’s son
• Son’s/daughter’s daughter
• Brother
• Sister
• Daughter’s/son’s son
• Daughter’s/son’s daughter
• Daughter’s/daughter’s son
• Daughter’s/daughter’s daughter
• Brother’s son
• Sister’s son
• Brother’s daughter

In the case of females under Uttaradhikar Adhiniyam

The Hindu Succession Act, 1956, eliminates the “limited owner” status of women and grants them ownership of all property acquired before or after the Act’s signature. However, daughters were not granted the same property rights as males until the 2005 Amendment. Women are always granted property rights as a result.

When a Hindu woman passes away intestate—that is, without a will—her property will be divided as follows: 

• upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband,
• upon the heirs of the husband,
• upon the father and mother,
• upon the heirs of the father, and
• upon the heirs of the mother.

Frequently Asked Questions on Hindu Uttaradhikar Adhiniyam

Q1. What is the Hindu Uttaradhikar Adhiniyam, 1956?

Ans1. The Hindu Uttaradhikar Adhiniyam, 1956, is an Indian law that governs the intestate succession of Hindus, Buddhists, Jains, and Sikhs. It provides a standardized legal framework for inheritance and abolishes the limited estate of Hindu women, granting them absolute ownership of property.

Q2. What is Uttradhikari Praman Patra, and why is it needed?

Ans2. A Uttradhikari Praman Patra is a legal document issued by a civil court that allows heirs to claim a deceased person’s assets when there is no will. It does not confer ownership but permits successors to collect debts and securities.

Q3. How can I apply for a Uttradhikari Praman Patra in India?

Ans3. To apply for a Uttradhikari Praman Patra, one must file a petition in the civil court with jurisdiction over the deceased’s residence. The application must include details like the legal heirs, relationship with the deceased, death certificate, and a list of debts and securities. A newspaper notice is issued, and if no objections are raised within 45 days, the certificate is granted.

Q4. What are the court fees for obtaining a Uttradhikari Praman Patra?

Ans4. The court fees for a Uttradhikari Praman Patra vary by state and are determined under Schedule II of the Court Fees Act, 1870. The applicable stamp duty differs depending on the jurisdiction.

Q5. Is a Uttradhikari Praman Patra required for both movable and immovable properties?

Ans5. Yes, a Uttradhikari Praman Patra is generally required for movable assets like bank deposits, shares, and provident funds. For immovable properties such as land or jewelry, a letter of administration or other supporting documents may be necessary.

Q6. How long does it take to obtain a Uttradhikari Praman Patra?

Ans6. The process of obtaining a Uttradhikari Praman Patra typically takes between five to seven months. It includes filing a petition, verification, a public notice period of 45 days, and the issuance of the certificate in the absence of objections.

Q7. What changes were made in the Hindu Succession Act by the 2005 Amendment?

Ans7. The Hindu Succession (Amendment) Act, 2005, granted daughters equal rights as sons in inheriting ancestral property. It removed gender-based discrimination and ensured that Hindu women have equal property rights.

Q8. Who are Class I heirs under the Hindu Uttaradhikar Adhiniyam?

Ans8. Class I heirs include the deceased’s sons, daughters, widows, mother, and grandchildren. These heirs inherit the property equally, with no preference based on gender.

Q9. What happens if there are no Class I heirs for inheritance?

Ans9. If no Class I heirs exist, the property is distributed to Class II heirs, including the deceased’s father, grandchildren through the daughter, siblings, and their children. If there are no Class II heirs, the property goes to agnates (male lineage) and then to cognates (female lineage).

Q10. What documents are required to apply for a Uttradhikari Praman Patra?

Ans10. To apply for a Uttradhikari Praman Patra, one needs the deceased’s death certificate, proof of residence, details of legal heirs, a no-objection certificate (if required), and information on debts and securities.