Rules of Intestate and Testamentary Succession among Hindus
1. Intestate Succession among Hindus
Intestate succession means inheritance where a Hindu dies without leaving a valid will. In such cases, property devolves according to the rules set out under the Hindu Succession Act, 1956.
Key Features:
Applies only to property not disposed of by will.
The property passes to legal heirs based on their class and order.
The law distinguishes between male and female heirs (though recent amendments have worked toward equality).
The Hindu Succession Act (1956) governs the rules, based on traditional Hindu law concepts.
Order of Succession (Briefly):
Class I heirs: Children (including legally adopted children), widow, mother, etc.
Class II heirs: Other relatives such as siblings, nieces, nephews.
Agnates: Related through males only.
Cognates: Related through females only.
If no heirs are found, the property passes to the government.
Important Case Law on Intestate Succession:
Gurbaksh Singh v. Rajinder Kaur (1996) AIR SC 1517
Facts: The question was whether a widow was entitled to inherit the property of her deceased husband.
Held: The Supreme Court held that under Hindu Succession Act, the widow is a Class I heir and is entitled to share equally with the children of the deceased.
Significance: Reinforced the widow's right to inherit as an equal heir in intestate succession.
2. Testamentary Succession among Hindus
Testamentary succession refers to inheritance through a valid will made by a Hindu during their lifetime.
Key Features:
The Hindu Succession Act does not restrict making a will; any Hindu can dispose of property by will.
The will overrides intestate succession rules.
The testator (person making the will) has full freedom to distribute his/her property.
The will must comply with general principles of validity (e.g., testamentary capacity, free consent).
Important Case Law on Testamentary Succession:
K. Ramakrishna Pillai v. K. Sukumaran AIR 1954 SC 549
Facts: A Hindu testator made a will favoring one son over others.
Held: The Court held that a Hindu has the right to dispose of his property by will as he pleases.
Significance: Confirmed the principle of testamentary freedom under Hindu law, so long as the will is valid.
Summary Comparison:
| Aspect | Intestate Succession | Testamentary Succession |
|---|---|---|
| Applicability | When no valid will exists | When a valid will exists |
| Distribution | According to fixed classes and heirs | According to the testator’s wishes |
| Legal Control | Statutory, based on Hindu Succession Act | Testator’s freedom (subject to validity) |
| Widow’s share | Equal Class I heir | As per will |
| Adopted children | Recognized as heirs | Included if named in will |
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