The Hindu Succession Act of 1956 covers the succession and inheritance of a property. It lays down a uniform and all-inclusive system of who can succeed or inherit property. Also, it does not matter which type of succession it is, i.e., intestate or testamentary succession; it covers every aspect and brings them under a scope.
Keep reading this article to know more about its applicability, important terms, rules and other details!
You can find applications of the Hindu Succession Act under Section 2. It states that this act only applies to:
This act extends to India, excluding scheduled tribes if it qualifies as per the meaning mentioned in Article 366 of the Indian Constitution.
As per the explanation column mentioned in this act, if a person qualifies for the below criteria, they shall be considered a Buddhist, Jain, Hindu or Sikh:
Section 3 of Hindu Succession law covers various terms and definitions which has a definite meaning unless this act states others:
A person comes under the definition of being an agnate of the other person if they two are related by blood or adoption through males wholly.
A person comes under the definition of being a cognate of the other person if the two are related by blood or adoption but not completely through males.
An Intestate is a person who has died without leaving behind any will.
An heir is a person (male or female) entitled to receive the property of an intestate.
The word 'related' means a legitimate relationship between kinship. However, illegitimate children are only related to their mothers and one another. Also, their legitimate descendants will be related to them and one another.
According to Section 5 of this Hindu Succession Act, applications of this act will not apply to these properties below:
There are two types of succession covered under this act, they are:
Intestate succession covers the succession of a property of an intestate. Since intestate is a person who has died without a will, his or her property is succeeded by the legal heirs through a law of inheritance.
This type of succession is applicable for properties governed by a will or a testament. As per Hindu law, a male or a female who is a Hindu by religion can make a will for their property in favour of anyone. This even includes the shares in an undivided Mitakshara coparcenary property. It will be completely valid and enforceable.
Here distribution is done according to the terms mentioned under a will and not through the inheritance law. However, if this will is not valid and enforceable, it can follow the law of Hindu inheritance.
The rules for ownership in the case of males are as follows:
The classification of heirs can be divided into four categories. You can find full details here below:
All of these heirs will inherit the deceased's property simultaneously, and if any of these members are present, the property cannot pass on to class II heirs. However, it may pass on to class II heirs in their absence.
When a Hindu male passes away as an intestate or without stating class I or class II heir, his/her property passes to agnates. They are people related to the deceased by blood or adoption through male relatives. Also, they can be both a male or a female.
An agnate relationship is only blood-related and does not extend by marriage. So, it will not include the widows of intestate's lineal descendants.
When a Hindu dies as intestate, and he or she does not have any class I, class II and even agnates, the succession of property devolves on cognates. They are related to the intestate through mixed relatives like in terms of male or female. Thus, the brother's daughter's son and mother's brother's son also become eligible for succession.
The introduction of the Hindu Succession Act, 1956, has made women eligible to inherit properties of their related deceased. It does not matter if it has been acquired before or after the commencement of this act. As a result, eliminating the status of 'limited owner'.
However, it was the Hindu Succession Amendment Act 2005 that gave the right of an equal share of a property to daughters as that of sons. Therefore, acting as a defender of women's rights. However, the ownership rules follow this hierarchy below:
Hope that this guide on the Hindu Succession Act, 1956 has enlightened you with the required knowledge. It provides you entail on the basic terms and conditions used in this act, the hierarchy in which succession takes place and who falls under which category of heirship. So, read it carefully to avoid any confusion.
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Disclaimer: This information is added only for informative purposes and collected from different sources across the Internet. Digit Insurance is not promoting or recommending anything here. Please verify the information before making any decisions.
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