Learn Everything about the Hindu Succession (Amendment) 2015

If you want to understand the changing landscape of Hindu Succession in India over the course of these years then you must understand in detail the two major amendments to the Hindu Succession Act in the years 2005 and 2015 respectively. So, let’s move ahead and understand these in detail!

Introduction

The Constitution of India under Chapters III, IV and IVA encapsulates the provisions of equality that were missing initially from the laws of Hindu Succession and this is why further amendments in 2005, 2015 and 2023 were brought in the Hindu Succession Act.

There are two schools of Hindu jurisprudence namely Dayabhag and Mitakshara, therefore before the advent of the amendment in the year 2005 under the provisions of the Mitakshara school the male descendants acquired the right of property by way of the coparcenary on the other hand the females born in the same joint Hindu family were not granted any such rights of inheriting the property as their rights were only restricted to Stridhan.

Devolution of the Coparcenary Property Before or After the Hindu Succession Act, 1956

By far we have already understood the concept of the coparcenary property as it is related to the inheritance of the joint family properties after the death of the ancestor.in simple words, it is the legal right of the people to inherit ancestral properties and these people are known as coparceners as they inherit the property by birth in the family. Let’s understand the position before and after the incorporation of the Hindu Succession Act, of 1956

Position Before Amendment

Initially, the concept of succession was provided under two schools. Mitakshara school recognises rather two modes of the devolution of the property which are the rule of survivorship applies to the coparcenary properties while the rule of succession applies to the self-acquired property. 

The very first law to include females under the inheritance law was the Hindu Law Inheritance Act, 1929 and with this Act, three female legal heirs were recognised such as a son’s daughter, a granddaughter and a sister. 

After the act of 1929, the Hindu Women’s Right to Property Act, 1937 was considered one of the most important legislation as it gave women rights to access property ownership in the coming years. Besides his act also gave the widows an opportunity and right to prosper and claim an equal share in the property.

Position After the Amendment

The Hindu Succession (Amendment) Act, 2005 was passed to enhance the rights of women and daughters thereby bringing them to par with male family members. Section 6 of the Hindu Succession Act states about the devolution of interest in the coparcenary property which also now includes women. 

In simple words, the daughters have been kept on the same pedestrian as the sons and are now granted the same rights to the point family properties. With this amendment, women can now even become the karma of the family.

What were the Changes brought about by the Hindu Succession Act after 1976?

Section 4(2) of the Hindu Succession Act

As we have already discussed the important reason for bringing the amendment in 2005 was to provide and make the Hindu succession laws favorable to females as well. Initially, Section 4(2) deals with the exclusion of the division or fragmentation of the agricultural land or the creation of any tenancy rights upon such properties. 

With the amendment in 2005, this section has been omitted as the above-mentioned holdings were governed by the state-enacted legislation that infringed on the rights of women.

Section 6 of the Hindu Succession Act

The older Section 6 of the Hindu Succession 1956 was repealed and a new Section 6 was incorporated in the year 2005 in its place which includes daughters as coparceners in the joint Hindu family properties by birth as enjoyed by a son being a coparcener in the joint family property. 

These property rights depend upon a number of factors such as the marital status of the woman or her status in the family whether she is married, unmarried deserted, mother, wife or widow. Apart from the status of the women the property rights also depend upon the kind of property for which the rights are being devolved such as ancestral or self-acquired property and whether the property is a dwelling house, land or matrimonial property.

Section 14 of the Hindu Succession Act 

The wording of Section 14 of the Hindu Succession Act has been changed in the year 2005 to give more emphasis on the words “full owner and not limited owner”. The Section states that: Any property possessed by a female before or after the commencement of this Act shall be held by her as full owner. These properties can be both movable and immovable. 

Section 15 of the Hindu Succession Act 

This section emphasizes the order of the devolution of the property after the death of a female dying intestate and the order is as below:

• Childer and Husband. Children also include the Children of a pre-deceased son or daughter 
• Heir of the Husband
• Father and Mother
• Heirs of Father 
• Heris of Mother 

Section 16 of the Hindu Succession Act 

This section is the expansion of the previous section as it works upon the rules of the devolution of the property of the female dying intestate. According to Rule 1 of Section 16 the persons on the above list will get the property in their order in the list and the persons at the same level in the list will get the property simultaneously. 

Section 23 of the Hindu Succession Act

Prior to the amendment of the year 2005 Section 23 of the Hindu Succession Act created discrimination amongst women as it limits the rights of the women to seek partition in the family property before the male heir chooses but with the amendment in the year 2005, the section has been omitted from the books of the Hindu Succession Act.

Section 24 of the Hindu Succession Act

With the amendment brought in the Hindu Succession Act in 2005, Section 24 has been omitted which discriminated the three categories of women and these are the widow of a predeceased son, the widow of a predeceased son of a predeceased son or the widow of a brother. The first two categories of the women form Class I Legal Heirs while the third category is Agnates.

Section 30 of the Hindu Succession Act

With the amendment to this Section in the year 2005 the words “disposed of by him” have been substituted with “dispose of by him or her” to make the section gender-neutral and the inclusion of women in the devolution of the properties.

What are the Rights of Property to a Mother under the Hindu Succession Laws?

Under the Hindu Succession Law the Mother is placed as the Class I Legal Heir and her rights to the property are governed by Sections 6, 8, 9, 10, 11, 14, 15 and 16 (as discussed above) 

What are the Rights of Property to a Married Daughter under the Hindu Succession Laws?

There is no special treatment provided to a married daughter in the inheritance of the family property. A daughter always remains the daughter of the family and that’s why she enjoys all the necessary coparcenary rights by being the Class- I legal heir in the family property as being enjoyed by the sons. 

What are the Rights of Property to a Married Woman under the Hindu Succession Laws?

A Widow of a husband dying intestate comes under the purview of being the Class-I Legal heirs and the property is devolved upon them in accordance with Sections 8,9 and 10 of the Hindu Succession Act. If there are more than two widows then each of them is entitled to equal one share 

Hindu Succession (Amendment) Bill, 2015

The Hindu Succession (Amendment) Bill 2015 was introduced to propose the amendments to the Hindu Succession Act, 1956 with this amendment it was aimed to provide the daughter-in-law the same amount of rights as enjoyed by the daughters and the sons. The bill at the same time also sought to re-order the rights of the succession to a female in the Hindu family property.

The main provisions of the Bill are:

• The rule for the devolution of the property to the legal heir will follow the same rules as of the property of the husband, father and mother.

• In the case a female dies without having children the property will devolve upon the husband’s heir if the property has been inherited from the husband.

• In case a female dies without having children the property will devolve upon the father if the property has been inherited from the father.

Conclusion

The landscape of women’s rights in inheritance has undergone a steep change since the passing of the Hindu Succession Act, in 1956. The year 2005 was the major amendment to the rights of the women as the legal heir in the family property which subsequently has been strengthened with the amendment in the year 2023.

Frequently Asked Questions on Hindu Succession Act 2015

Q1. What are the 12 types of legal heirs?

Ans 1. The 12 types of legal heirs are son, daughter, mother, widow, son of a predeceased son, daughter of a pre-deceased son, son of a pre-deceased daughter, daughter of a pre-deceased daughter, widow of a pre-deceased son, son of a predeceased son of a pre-deceased son, daughter of a pre-deceased son of a pre-deceased son, etc.

Q2. Who is the first legal heir?

Ans 2. The wife and children are the first legal heirs.

Q3. What is the disqualification of the Hindu Succession Act?

Ans 3. Conversion to any other religion amounts to disqualification under the Hindu Succession Act.

Q 4. Who cannot claim partition?

Ans 4. The great-great-great-grandson cannot claim partition.

Q 5. Can a father give all his property to one child in India?

Ans 5. Yes, a father can give all his self-acquired property to one child excluding the other in India.

Q6. Who are class 3 heirs in the Hindu Succession Act?

Ans 6. Agnates are class 3 heirs and these are those individuals who are related to the defendants through male ancestry.

Q7 Is the husband a Class I Heir?

Ans 7. Yes, husbands are Class I Heirs after the demise of the woman dying intestate.

Q 8. How is property distributed after the father’s death?

Ans 8. After the death of the father, the property will be distributed amongst their legal heirs.

Q 9. Who are the primary heirs?

Ans 9. Father, mother, husband, son and wife are the primary heirs.

Q 10. What is the latest amendment in the Hindu Succession Act?

Ans 10. The latest amendment to the Hindu Succession Act is in the year 2023.