Doctrine of Representation in Inheritance Law
📜 Doctrine of Representation in Inheritance Law
The Doctrine of Representation is a principle used in succession (inheritance) law that allows the descendants of a deceased heir to take the place (or "represent") of that heir in inheriting from a common ancestor.
🔍 Definition (Simple Terms):
If a person who would have inherited property dies before the inheritance opens, their children (or legal heirs) can step into their place and inherit what their parent would have received.
✅ Applicable In:
Testate succession (with a will): when the will allows for representation.
Intestate succession (no will): especially in Hindu and Christian law.
Hindu Succession Act, 1956: particularly under Class I heirs.
English common law: and jurisdictions influenced by it (e.g., India under personal laws for Christians and Parsis).
🧬 How It Works:
| Scenario | Inheritance Without Representation | Inheritance With Representation |
|---|---|---|
| A has 2 sons: B and C. C dies before A. C has 2 children: D and E. | Only B inherits from A. D and E get nothing. | B gets his share. D and E jointly get C’s share. |
So, C’s children “represent” C and claim C's share.
📖 In Hindu Law (under Hindu Succession Act, 1956):
Representation applies only among Class I heirs.
For example: If a son/daughter predeceases their parent, their children (the grandchildren) can inherit in their place.
Section 8 (General Rules of Succession) + Schedule (List of Class I heirs)
⚖️ Example in Hindu Succession:
A dies intestate (without will).
A has:
1 living son (B)
1 predeceased daughter (C), who had two children (D and E)
✅ Under representation:
B gets ½
D and E jointly get ½ (C’s share)
🧠 Why Is This Important?
It prevents injustice when a potential heir dies early.
Ensures property flows down the bloodline.
Respects the intention of equal succession among branches of a family.
❌ When Representation Does Not Apply:
If the law excludes a line of inheritance (e.g., certain agnates or remote relatives).
In some personal laws, such as Muslim law, which follows per capita distribution, not per stirpes (by representation).
🧾 In Summary:
| Feature | Doctrine of Representation |
|---|---|
| Purpose | Allows descendants to inherit in place of a predeceased heir |
| Applies in | Hindu law (Class I heirs), Christian law, English law |
| Not applicable in | Muslim personal law |
| Principle type | Per stirpes (by family branch) |
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