General Rules of Succession amongst Hindus
General Rules of Succession Among Hindus
Succession among Hindus is governed primarily by the Hindu Succession Act, 1956 and traditional Hindu customs. The act codified the rules for inheritance of property when a Hindu dies intestate (without a will).
Key Features of Hindu Succession:
Applicability: Applies to Hindus, Buddhists, Jains, and Sikhs.
Types of Succession:
Testate Succession: Where the deceased leaves a will.
Intestate Succession: Where the deceased leaves no will.
Classified Property:
Separate Property: Property inherited or acquired individually.
Joint Family Property (Coparcenary property): Property inherited from ancestors and held jointly.
General Rules of Intestate Succession under Hindu Succession Act:
1. Order of Succession for Males (Section 8 of Hindu Succession Act):
Class I heirs inherit first. If none, then Class II heirs.
If no heirs, property passes to the agnates (relatives through male lineage).
If no agnates, property goes to cognates (relatives through female lineage).
2. Class I Heirs (Highest Priority):
Includes widow, sons, daughters, mother, and certain other close relatives.
3. Class II Heirs:
Includes more distant relatives like brothers, sisters, grandchildren, etc.
Explanation of Succession Rules
Succession in Male’s Property (Intestate)
Property passes first to Class I heirs (wife, sons, daughters, mother).
If no Class I heirs, then to Class II heirs.
If no Class II heirs, then to agnates.
If no agnates, then to cognates.
Succession in Female’s Property (Intestate)
Property first goes to her children and husband.
If no children or husband, then to heirs of her husband.
If none, then to her own heirs.
Important Case Laws Explaining Hindu Succession
1. Vineeta Sharma vs Rakesh Sharma (2020) - Supreme Court
Issue: Whether daughters have coparcenary rights in Hindu Undivided Family (HUF) property.
Held: The Supreme Court held that daughters have the same rights as sons in the coparcenary property by birth under the amended Hindu Succession Act (2005). This case clarified the position that daughters are coparceners and can demand partition and share in ancestral property.
2. Lakshmi Amma vs P.P. Mohanan (1995) - Kerala High Court
Issue: Succession to a female’s property in absence of a will.
Held: The court held that when a female dies intestate, her property devolves firstly upon her children and husband, and in their absence, on the heirs of her husband. Only when none of these exist, it goes to her own heirs.
3. Gur Narain v. Sita Ram (1965) - Supreme Court
Issue: Whether the property of a Hindu male dying intestate passes to widow.
Held: The Supreme Court ruled that widow is a Class I heir and is entitled to share in the deceased husband's property along with other Class I heirs like sons and daughters.
Summary of Rules with Respect to Case Law
| Rule | Explanation | Case Law Reference |
|---|---|---|
| Daughters are coparceners by birth | Daughters have equal rights in ancestral property. | Vineeta Sharma vs Rakesh Sharma (2020) |
| Widow is Class I heir in male's estate | Widow inherits equally with children. | Gur Narain v. Sita Ram (1965) |
| Female's property devolves first to husband & children | In absence of them, it passes to husband's heirs. | Lakshmi Amma vs P.P. Mohanan (1995) |
| Order of succession: Class I, then Class II, then agnates, then cognates | Applies to male intestate property. | Hindu Succession Act, 1956 (general) |
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