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Module5 Hindu Succession Act

The document summarizes succession under the Hindu Succession Act of 1956 in India. It discusses that the Act applies in cases of intestate succession for Hindus and does not apply if a will was created. For male succession, property devolves first to class one heirs like sons/daughters, then class two like father/siblings, then agnates and cognates. For female succession, property devolves to sons/daughters and husband first, then husband's heirs, then parents and parents' heirs. It also discusses that for HUF (Hindu undivided family) property, sons and daughters have equal rights of survivorship if the father dies.

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157 views3 pages

Module5 Hindu Succession Act

The document summarizes succession under the Hindu Succession Act of 1956 in India. It discusses that the Act applies in cases of intestate succession for Hindus and does not apply if a will was created. For male succession, property devolves first to class one heirs like sons/daughters, then class two like father/siblings, then agnates and cognates. For female succession, property devolves to sons/daughters and husband first, then husband's heirs, then parents and parents' heirs. It also discusses that for HUF (Hindu undivided family) property, sons and daughters have equal rights of survivorship if the father dies.

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himnnn
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SUCCESSION UNDER

HINDU SUCCESSION ACT,


1956
Introduction
Hindu Succession Act, 1956 was basically brought into effect to meet those situations only
where there is no will made by Hindu male or female dying before making the will and
hence it has no application in case of testamentary succession that is in case where
there is a will. The need of this act is felt in today’s world because of the growing issue of
family separations and family related disputes amongst the members. This act applies to
both Mitakshara and Dayabhaga schools.
Application
This act applies only in the case intestate succession by Hindus including Jains, Sikhs, and
Buddhist and to any person who is not a Muslim, Christian, Parsi or a Jew and to any
person who becomes a Hindu by conversion. It is also applicable to the children of above
categories whether legitimate or illegitimate. This act lays down separate rules for
succession of males and females. This act will work in order of succession through which
the heirs of the person dying gets the property.
Succession of Males
The procedure for a Hindu male succession is given under section 8-13 of Hindu
Succession Act, 1956 and it devolves in the following manner: -

 Firstly, upon the class first heirs.


 Secondly, if there are no class first heirs then upon class second heirs.
 Thirdly, if there are no class second heirs then upon agnates.
 Fourthly, if there are no agnates then upon cognates.

Please note that if first heirs are present then they will inherit first and all other classes
will be excluded for entitlement of the property. However, after the first class heirs the
others would get the property accordingly.
Class first heirs: - The following are the recipients of this category: -

 Son
 daughter
 widow
 mother
 son of a pre-deceased son
 daughter of a pre-deceased son
 son of a predeceased daughter
 daughter of a pre-deceased daughter
 widow of a pre-deceased son
 son of a predeceased
 son of a pre-deceased son
 daughter of a pre-deceased son of a pre-deceased son
 Widow of apre-deceased son of a pre-deceased son.

Among the class first heirs the property is distributed in the following manner: -

 Theintestate’s children, mother and widow gets equal share. The daughter will get
an equal share to that of Son’s whether she is married or unmarried.
 The heirs of each predeceased child will get an equal share between them in class
first heirs.

Class second heirs: - The following are the recipients of this category: -

 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

Agnates: - Agnate is a person who descends from the same male ancestor i.e. through the
male line basically related by blood or through an adoption and can be both male and a
female. For e.g. a father’s brother’s daughter is an Agnate.
Cognates: - Cognate is a person who descends from the female side and not wholly
through males. They are also related by blood or adoption and can be both male and a
female. For e.g. a father’s sister’s son is a cognate.
Succession of females
The procedure for a Hindu female succession is given under section 15-16 of Hindu
Succession Act, 1956 and it devolves in the following manner: -

 Firstly, upon the sons, daughters and husband of the female including the children of
a pre-deceased children.
 Secondly, upon her husband’s heirs.
 Thirdly, upon her parents.
 Fourthly, upon her father’s heirs.
 Fifthly, upon her mother’s heirs.

Succession under HUF (Hindu undivided family) property


Succession under HUF depends upon the death of a male Hindu as his interest in HUF
devolves upon the survivorship of other members in the family as to who would be the next
heir after the death of that person. Suppose if a father dies in the family and he is the whole
and sole karta of the family then his interest in his property will depend upon the
survivorship of other family members such as if he has a daughter and a son then both of
them will get equal share in the property as Maharashtra state govt. has done an
amendment by inserting section 29A to 29C after which both daughter and a son has
equal rights in HUF property. There the daughter also has the right to dispose of the
property by will and if she dies intestate then her property will devolve upon her family
members by way of survivorship and not in accordance with the provision of this act as
stated under section 15-16 of Hindu succession act,1956. Please note that this provision
will apply only if the Hindu male before dying has not already disposed of his interest in
HUF by way of will.

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