What Is Hindu Succession Act And Its Different Types?
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!
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What Is the Applicability of the Hindu Succession Act?
You can find applications of the Hindu Succession Act under Section 2. It states that this act only applies to:
- Any person who belongs to a Hindu community, no matter its form or development. This means it also includes a Lingayat, a Virashaiva, or a follower of the Arya Samaj, Prarthana, or Brahmo.
- This person can also follow Sikh, Jain or Buddhism religions.
- Any other person who is not a Jew, Parsi, Muslim or Christian. However, they must also not be proven to be out of the governance of Hindu law or custom.
This act extends to India, excluding scheduled tribes if it qualifies as per the meaning mentioned in Article 366 of the Indian Constitution.
Who Comes Under the Definition of Buddhists, Jains, Hindus or Sikhs?
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:
- A child whose parents are Sikhs, Buddhists, or Hindus by religion. It does not matter if this child is legitimate or illegitimate.
- A person who has converted or re-converted into Sikh, Buddhist, or Hindu religion.
- Any legitimate or illegitimate kid whose one of his or her parents is a Buddhist, Sikh or Hindu or has been raised as a member of a community, tribe, family or group to which such parent belongs.
What Are the Important Terms and Definitions Covered Under This Act?
Section 3 of Hindu Succession law covers various terms and definitions which has a definite meaning unless this act states others:
Agnate
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.
Cognate
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.
Intestate
An Intestate is a person who has died without leaving behind any will.
Heir
An heir is a person (male or female) entitled to receive the property of an intestate.
Related
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.
Which Properties Are Excluded from the Hindu Succession Act?
According to Section 5 of this Hindu Succession Act, applications of this act will not apply to these properties below:
- Any property whose succession lies under the Indian Succession Act regulation. Also, it must be for the reasons covered under Section 21 of the Special Marriage Act. According to this section, a property that will be succeeded by a person whose marriage has been solemnised as per this act and the property of the issue of such solemnised marriage shall come under the governance of the Special Marriage Act, 1954.
- The Palace Fund and the Valliamma Thampuran Kovilakam Estate come under the administration of the Palace Administrative Board because of the power allotted by the Maharaja of Cochin under the Proclamation (IX of 1124) of 29th June 1949.
- Any property or estate transferred to a single heir resulted from a covenant performed or an agreement signed between the government and the Indian State. It can also be because of an enactment that was formed and passed before the commencement of the Hindu Succession Act.
What Are the Different Types of Succession Under the Hindu Succession Act?
There are two types of succession covered under this act, they are:
1. Intestate Succession
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.
2. Testamentary Succession
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.
What Are the Rules for Ownership in the Case of Males?
The rules for ownership in the case of males are as follows:
- Firstly, the property of a Hindu male dying without a will or intestate will pass on to relatives classified under class-I heirs of the schedule.
- Secondly, if no heir is classified under this class-I category, the property will pass on to the heir belonging to class II categories.
- Thirdly, if no one is classified as class II legal heirs also, then the relatives and agnates of the deceased will be getting his or her property through male lineage.
- Fourthly, if there are no agnates or relatives through male lineage, the deceased's property passes on to his/her agnates and relatives through female lineage.
What Are the Different Classifications of Heirs?
The classification of heirs can be divided into four categories. You can find full details here below:
Class I Heirs
- Widow
- Mother
- Sons
- Daughters
- Widow of a predeceased son
- Widow of a predeceased son of a predeceased son
- Sons of a predeceased son of a predeceased son
- Son of a predeceased daughter of a predeceased daughter
- Daughter of a predeceased daughter
- Daughter of a predeceased son
- Son of a predeceased son
- Daughter of a predeceased son of a predeceased son
- Daughter of a predeceased daughter of a predeceased daughter
- Son of a predeceased daughter
- Daughter of a predeceased son of a predeceased daughter
- Daughter of a predeceased daughter of a predeceased son
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.
Class II Heirs
- Brother
- Sister
- Father
- Son's daughter's daughter
- Son's daughter's son
- Daughter's daughter's daughter
- Daughter's daughter's son
- Sister's son
- Brother's son
- Daughter's son's daughter
- Daughter's son's son
- Sister's daughter
- Brother's daughter
- Father's mother
- Father's father
- Mother's father
- Mother's mother
- Father's widow
- Brother's widow
- Father's brother
- Mother's sister
- Mother's brother
Agnates
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.
Cognates
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.
What Are the Rules for Ownership in the Case of Females?
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:
- If a female Hindu intestate passes away, the property first passes to sons and daughters. This also includes the offspring of a predeceased son or daughter and the husband.
- Secondly, the husband's heir.
- Thirdly, the mother or father.
- Fourth, the heir of the father.
- Fifth, the mother's heir.
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.
FAQs About Hindu Succession Act 1956
As per the Hindu Succession Act, what will be the degree of preference between full blood and a half-blood?
According to the Hindu Succession Act rules, a full-blood heir of intestate will get more preference over the heir that is related to the intestate by half-blood. This is applicable even if this relationship between the heirs and the intestate is the same.
How much right can a child in the womb claim over a succession?
The Hindu Succession Act states that a child in the womb at the time of intestate's death shall have the same right to inherit when it subsequently takes birth.