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:

AspectIntestate SuccessionTestamentary Succession
ApplicabilityWhen no valid will existsWhen a valid will exists
DistributionAccording to fixed classes and heirsAccording to the testator’s wishes
Legal ControlStatutory, based on Hindu Succession ActTestator’s freedom (subject to validity)
Widow’s shareEqual Class I heirAs per will
Adopted childrenRecognized as heirsIncluded if named in will

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