Understand the Hindu Succession Act, 1956 in Detail

If you are someone who wants to learn about the history and significance of the Hindu Succession in India then you should know the Act that has made it possible which is the Hindu Succession Act, 1956. So let’s learn and understand the nuances of the whole Act in detail.

Introduction to the Hindu Succession Act, 1956

The Parliament has passed several laws over the years to unify the system of succession in India. The Act was specially designed to provide special status to the women as women were not considered equivalent to soft of the family.

The Introduction of the Hindu Succession Act was to provide a comprehensive and uniform system for the inclusion of both testamentary and intestate succession. Before the advent of the 1956 Act, women used to have very limited rights for inheriting rights in property and the two main schools of inheritance in India were Mitakshara and Dayabhaga

• Mitakshara School: Under this school, the women were not treated as coparceners.

• Dayabhaga School: Under this school, a widow has the right to inherit the property of her husband. If a woman dies without having a son in such a case her property would be transferred to the nearest male heir irrespective of having a daughter.

Rules of Mitakshara School

There at two further rules of Mirakshara school

• Devolution by Survivorship: This rule of survivorship is applicable to the joint family property or the coparcener property

• Devolution by the Succession: The rule of succession applies to the property which are separately held by a person.

Applicability of the Hindu Succession Act, 1956

Section 2 of the Hindu Succession Act, 1956 lays down the applicability of the Act which states that:

• Any person who is a Jain, Buddhist or Sikh by religion.

• Any person who is a Hindu by religion or any form or development including an Arya Samaj, Lingayat, Virashavia, Brahmso, Prathna Samaj

• Any other person who is not a Jew, Muslim, Christian or Parsi unless it is proved that the person is not covered by Hindu custom or law

• The Hindu Succession Act, 1956 to the whole of India.

Which persons are qualified as Hindu, Jain, Sikh and Buddhist?

Any person who is either converted or re-converted to Buddhist, Hindu, Jain or Sikh.

• Any legitimate or illegitimate child where both of the parents are Buddhist, Hindu, Jain or Sikh.

• Any legitimate or illegitimate child where one of their parents is Buddhist, Hindu, Jain or Sikh on the child is brought up as a member of the tribe, group, community or family to which the parent belongs.

What are the types of Succession defined under the Hindu Succession Act 1956?

• Testamentary Succession: As the name connotes, it is that type of succession where a will is left by the deceased and their property will be devolved in accordance with the laws of succession by an appointed executor. Under Hindu law Hindu females or males can prepare their Will which also includes the undivided share of the Mitakshara Coparcenary Property. In the case, that a will is not valid or legally enforceable in such a case the property will be devolved with the laws of inheritance.

• Intestate Succession: This type of succession is the exact opposite of the testamentary succession, where the deceased has died intestate and has left with no will.

What are the Types of Property for Succession?

• Coparcenary Property: Any joint family property that has been inherited by the family member due to its birth in the family. With the development in 2005, daughters can also be the coparcenary in the property.

• Property of a Female Hindu: Special rules have been provided for the properties inherited by a woman and these properties also include the Stridhan.

• Self-owned Property: These are the properties that have been self-owned by the deceased and these properties follow different rules of succession other than the coparcenary.

The Hindu Succession Act, 1956 does not apply to which properties?

Section 5 of the Hindu Succession Act, 1956 lists down the properties that the Act is not applicable to:

• Any property or estate that moves to the single heir through the terms of any covenant or agreement formed between the government and the Ruler of an Indian state or through an enactment passed and formed before the commencement of this Act.

• Any property where succession comes under the regulation of the Indian Succession Act, 1925 by reasons of provisions encapsulated under section 21 of the Special Marriage Act, 1954. Section 21 of the Special Marriage Act mentions that succession of the property of any person whose marriage has been solemnized under the Special Marriage Act and such property will be treated under the Special Marriage Act.

• Valliamma Thampuran Kovilagam estate and the palace fund under the Administration of the Palace Administration Board due to the powers conferred by the Proclamation (IX of 1124), dated 29 June 1949, provided by the Maharaja of Cochin.

What are the main features of the Act?

• Uniform System of Inheritance: The applicability of this Act is defined under Section 2 of the Act and the Act also makes a uniform system of devolution and the inheritance of property which is equally applicable to both the schools of Dayabhaga and Mitakashara. However, the Act does not apply to the people governed by the provisions of the Special Marriage Act, 1954.

• Abolition of Impartible Estate: This Act abolished the impartible estate concept and the succession by the special mode.

• Overrides Earlier Laws: With the enactment of this Act the Act under Section 4 overrides and abrogates all the earlier rules, customs and laws that were used to be applicable to Hindus with regards to succession.

• Categories order of succession: The Hindu Succession Act provides the order of succession which is based on the doctrine of propinquity and classifies four different categories:

• Class I heirs

• Class Il heirs

• Agnates: Agnates are persons related to each other by either adoption or blood through males.
• Cognates: cognates are the persons related to each other by either adoption or blood but not through males.

• Applicability of Survivorship Provisions to Females: Before the advent of this Act the provisions of the survivorship in coparcenary properties were only applicable to males but with this Act, these has been a change in the concept and females have been given the rights of survivorship in the coparcenary properties
• Women become the full owners of the property: the Hindu Succession Act, 1956 abound the concept of limited estate of women and women now become the absolute owners of their property. Earlier, the rights of the women’s properties were exercised by their husbands but with this Act, the women can dispose of their properties as per their wish.

• Recognition of Child Rights: The enactment of this Act recognises the rights of the child in the womb under section 20 of the act. The provision states that the unborn child in the womb of the mother has the same right of inheritance by assuming that the child has been born before the person dies intestate.

• Classification between Full Blood Relations and Half-blood Relations: Section 18 of the Act recognises that full-blood relations are preferred over half-blood relations. the section further states the shares are to be divided as per capita or per stripe.

• List of all Exclusions: The Act further provides the list of all the persons that are excluded from inheriting the property by providing different grounds. Alongside the Act abolished all the grounds that exclude persons due to any physical deformity as capability.

What are the Rules of Ownership?

Section 8 of the Hindu Succession Act, 1956 states down the general rule for the succession in the cases of males and the property is devolved upon the basis of the classification of the heirs.

There are four categories of heirs:

Class I: The class I of legal heir consists of:

• Daughters
• Sons
• Mothers
• Widows
• Adopted son
• Son of a predeceased son
• Widows of a predeceased son
• Son of a predeceased son of a predeceased son
• Widow of a predeceased son of a predeceased son
• Daughter of a predeceased son
• Daughter of A predeceased daughter
• Daughter of a predeceased son of a predeceased son
• Son of a predeceased daughter
• Daughter of a predeceased daughter of a predeceased daughter
• Son of a predeceased daughter
• Son of a predeceased daughter of a predeceased daughter
• Daughter of a predeceased daughter of a predeceased son
• Daughter of a predeceased son of a predeceased daughter.

Class II Legal Heirs: The Class II Legal Heirs shall consist of:

• 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, sister’s daughter
• Father’s father, father’s mother
• Father’s widow, brother’s widow
• Father’s brother, father’s sister
• Mother’s father, mother’s mother
• Mother’s brother, mother’s sister

Class IIl Legal Heirs: 

The property can only be inherited by class III legal heirs when no one from the above class can inherit the property as everyone is dead. These legal heirs consist of the magnates of the deceased.

Class IV Legal Heirs: 

A Class IV of the legal heirs are cognates. A cognate is someone who is related to the intestate through mixed relatives. The property of the Hindu males devolves upon in the below-mentioned manner:

• Firstly to the heirs of Class- I
• Secondly, where no Class I legal heirs are there then the property goes to Class II heirs.
• Thirdly, if no Class I and Class II Legal Heirs are there then the property devolves upon Class III legal heirs.
• Lastly, if no one from any of these classes exists the property will go upon the Class IV Legal Heirs.

Who are the Persons Disqualified from Legal Heirs?

• Intestate’s predeceased son’s widow
• Widow of a brother of intestate
• Widow of predeceased son of a predeceased son

Conclusion

The concept of the Hindu Succession Law has taken a 360° turn after the introduction of the Hindu Succession Act, 1956. The rights of women and daughters in the inheritance have been introduced with this Act and at the same time, various categories of the legal heirs have been introduced for the devolution of the property.

Frequently Asked Questions

Q 1. What are the main features of the Hindu Succession Act 1956?

Ans 1. The main features of the Hindu Succession Act is to gig equal rights to the daughters as the sons have and to remove any discrimination between daughters and sons.

Q2. What is the Hindu Succession Amendment Act, 1956?

Ans 2. This Hindu succession amendment Act was enacted to codify, amend and secularise the laws relating to intestate succession.

Q3. Is husband legal hire of wife?

Ans 3. Yes, upon the death of the wife without drafting a will her property devolves upon her husband and children.

Q 4. What is full blood in Hindu law?

Ans 4. Full blood is when the persons are related to each other from a common ancestor and by the same wife.

Q5. Who can claim partition under Hindu law?

Ans 5. A coparcener can claim partition under Hindu law.

Q6. Is father a class I legal heir?

Ans 6. No, fathers fall under class II legal heirs.

Q 7. Can wife sell property after husband’s death?

Ans 7. Yes, a widow is a legal custodian of her husband’s property and can manage and sell the property as per her wishes.

Q 8. Is wife a blood relative?

Ans 8. No, husband and wife are related to each other by affinity.

Q9. What is Stridthan?

Ans 9. It includes movable, immovable property received by the woman prior to her marriage

Q 10. Who are compulsory heirs?

Ans 10. The primary compulsory heirs are legitimate children and descendants.