Hindu Succession Act of 1956

Property succession and inheritance are covered under the Hindu Succession Act, of 1956. This Act establishes a standard and all-encompassing structure that considers inheritance and succession. Intestate or unwilled (testamentary) succession is another topic this Act covers. As a result, this Act incorporates and encompasses all facets of Hindu succession.

This article will go into additional detail on the application, definitions, and basic words related to succession in the context of both males and females. Numerous revisions have been made to the Act, most notably the historic Succession (Amendment) Act of 2005, which eliminated a discriminatory clause regarding property inheritance and brought about major improvements in gender equality. This page covers the background of Hindu succession laws throughout history, the fundamentals of Hindu law on succession, and the latest changes and exclusions from Hindu succession law.

What is Succession?

Succession is the transfer of ownership rights from one individual to another. When someone passes away without leaving a will, the Hindu Succession Act addresses who the true owner of the property is. When a tree falls in a forest, for instance, sunlight may once more reach the forest floor, enabling the onset of new growth.

The Origins and Development of Hindu Succession Law

• The intricate history of Hindu Succession Laws in India dates back to a period when patrilineal succession was the norm in traditional culture.

• Inheritance traditions and religious texts have shaped inheritance practices over time.

• The Hindu Wills Act of 1870 and the Hindu Disposition of Property Act of 1916 were two pieces of legislation that marked the beginning of the codification and modernisation of Hindu Succession Laws during the British Colonial period.

• Following India's 1947 declaration of independence, the government realised the need for gender and social equality and put reforms into place.

• Equal rights for male and female heirs in succession and inheritance were granted by the Hindu Succession Act of 1956, and further revisions increased the rights of daughters, women, and other marginalised groups.

• Gender-based discrimination was eliminated by the Hindu Succession (Amendment) Act of 2005, which gave daughters the same rights as boys who are patrilineal.

• Hindu succession rules have evolved to reflect a progressive movement within traditional Hindu inheritance customs towards individual rights and gender equality.

Fundamentals of Hindu Succession

Hindu personal law regulations primarily stem from two educational institutions often referred to as Mitakshara School and Dayabhaga School. These are:

Mitakshara school

The majority of India adheres to the Mitakshara school, which was founded on Vijnanesvara's seminal legal treatise "Mitakshara." It recognises the concept of coparcenary, which characterises the male members of a Hindu Undivided Family's (HUF) joint property ownership. The Mitakshara school holds that male heirs acquire ancestral property by birthright, making them coparceners. The property is passed down through the generations without being split, with the male coparceners sharing it equally. This school values the joint family system, in which many generations cohabit and jointly possess property.

The Mitakshara School distinguishes between two types of property devolution. These are the following:

1. Devolution via Survivorship

2. Devolution of Succession

Dayabhaga school

Jimutavahana, a scholar, developed the Dayabhaga school, which has its primary concentrations in West Bengal and certain parts of Assam. Unlike the Mitakshara school, the Dayabhaga school does not accept coparceners. Instead, the focus is on familial ties to determine individual ownership and succession. The Dayabhaga school holds that male ancestors do not share ownership and that both male and female descendants are eligible to inherit property. This organisation supports a more individualistic understanding of succession and property rights.

Applicability of The Hindu Succession Act

The application of this Act is outlined in Section 2. This Act covers the following situations:

• Any individual who identifies as Hindu, regardless of their religious background, including followers of the Brahmo, Prarthna, Arya Samaj, or Virashaiva schools of thought.

• someone who practices Buddhism, Sikhism, or Jainism as a religion.

• Any other individual who does not identify as a Jew, Muslim, Christian, or Parsi, unless it can be demonstrated that they would not be subject to Hindu law or tradition.

• The entirety of India will be covered by this Act as well.

However, unless otherwise instructed by the Central Government by publication in the Official Gazette, this Section shall not apply to any Scheduled Tribes covered under the provisions of Article 366 of the Constitution.

Which properties are excluded from the Act?

The properties to which this Act does not apply are listed in Section 5:

1. Any property whose succession, according to the provisions under Section 21 of the Special Marriage Act, 1954, falls under the jurisdiction of the Indian Succession Act, 1925. According to Section 21 of the Special Marriage Act, the Special Marriage Act will control the succession to any person whose marriage is consummated under this Act as well as the property of the marriage's offspring.

2. Any estate or property that passes to the only heir under the provisions of a covenant or agreement made between the government and the ruler of an Indian state, or through any law created and approved before the effective date of this Act.

3. The Palace Administration Board is in charge of overseeing the Valliamma Thampuran Kovilagam Estate and the Palace Fund because of the authority granted by the Maharaja of Cochin's Proclamation (IX of 1124), dated June 29, 1949.

Features of the Hindu Succession Act

The division of property among Hindus in India, including Buddhists, Jains, and Sikhs, is governed by the Hindu Succession Act, which was passed in 1956. The Hindu Succession Act has the following salient characteristics:

1. Applicability: Sikhs, Jains, Buddhists, and Hindus are all covered by the Act. Muslims, Christians, Parsis, and Jews are subject to their laws and are not covered by this one.

2. Intestate Succession: The Act mainly addresses the allocation of property in cases where a Hindu passes away without leaving a will. It establishes guidelines concerning who and how much of the property is inherited.

3. Coparcenary Property: Gender discrimination in inheritance concerns has been eliminated via amendments made to the Act throughout time. For coparcenary property, girls now have the same rights as males according to the 2005 amendment. Only male heirs had rights to coparcenary property before this change.

4. Class I Heirs: In the event of an intestate Hindu male's death, his property passes first to his Class I heirs. These are the mother, the widow, and the kids, both boys and girls. The property only transfers to Class II heirs if any of these are deceased.

5. Class II Heirs: If there are no Class I heirs, Class II heirs will inherit the property. Father, siblings (brothers and sisters), and their offspring are among them.

6. Complete Inheritance Rights for Daughters: The 2005 amendment guarantees girls the same rights as sons about the father's assets, including coparcenary and ancestral properties.

7. Right to Dispose of Property: A Hindu is entitled to use a will to distribute their possessions. The amount of ancestral property that can be disposed of is limited, nevertheless.

8. 2005 Amendment: Ensuring equal inheritance rights for daughters and eliminating gender inequities were the main goals of the 2005 amendment. This amendment gave females the right to share ancestral property equally with sons and made them coparceners by birth.

9. Exclusions: Certain categories of property, such as land used for agriculture in some states where state rules apply, and property owned by a joint tenancy or tenancy in common, are not covered by the Act.

10. Application and Interpretation: To address particular circumstances and guarantee an equal distribution of property, courts have given the Act a variety of interpretations.

Important Sections Related to the Hindu Succession Act

The norms and regulations about inheritance among Hindus are outlined in numerous significant parts of the Hindu Succession Act, of 1956. These are a few of the important sections:

Section 2

Section 2 of the Act provides a detailed explanation of its applicability. It does not, however, apply to those who are covered by the 1954 Special Marriage Act. By their faith, Buddhists, Jains, and Sikhs are also covered by the Act. Under the Act, these groups are regarded as Hindus.

Section 4

The Hindu Succession Act, of 1956, states in Section 4 that its provisions take precedence over any previous legislation, practice, or custom about Hindu succession. It requires that any text, regulation, or interpretation of Hindu law that conflicts with the Act's requirements be superseded. It mainly deals with the overriding effect of the Act over other laws.

Section 18

Hindu males who pass away intestate—that is, without leaving a valid will—are subject to the laws of succession outlined in Section 18 of the Hindu Succession Act, 1956. It particularly relates to the property succession of a male Hindu who has not made a will nor whose will is void or ineffectual.

Section 19

The provisions of Section 18 of the Hindu Succession Act, 1956, regulating the succession to the property of an intestate Hindu female, are expanded and complemented by Section 19. According to Section 19 of the Act, the heirs of a Hindu woman who passes away intestate would inherit her property in line with the guidelines outlined in Section 18.

Section 20

The Hindu Succession Act, 1956's Section 20 addresses the succession plan for some female heirs. The situation where a Hindu woman passes away intestate (without a will) is covered in Section 20. It lists her heirs and the sequence in which they are eligible to inherit her property.

Coparcenary Property Devolution

The term "Coparcenary" refers to members of a Hindu joint family who have a shared legal title to their ancestral property or who inherit it. They are referred to as coparceners. As the offspring of a shared ancestor, these individuals are born with the right to jointly owned property. The Hindu Succession (Amendment) Act, 2005 has altered the situation regarding coparcenary property, and the Act also allows for the devolution of interest in coparcenary property.

Types of succession

The process by which a deceased person's assets, liabilities, and rights are passed on to others is referred to as succession. Legally speaking, succession may be divided into several categories according to many factors. The two primary forms of succession are as follows:

Intestate Succession

A person passes away without leaving a legally binding will, leading to intestate succession. In these situations, the appropriate intestate succession rules in the relevant jurisdiction control how the decedent's estate—including their property, assets, and liabilities—is divided. An order of precedence among possible heirs, such as spouses, children, parents, siblings, etc., is usually prescribed by these laws.

Testamentary Succession

Testimonial succession is the term used to describe the transfer of property that is regulated by a will or testament. A Hindu man or woman may make a will in anyone's name regarding property, even a portion of the undivided Mitakshara coparcenary property. This ought to be legitimate and enforceable by law. Instead of using the laws of inheritance, the distribution will take place in accordance with the terms of the will. Property may pass under the law of inheritance in cases when the will is invalid or not legally binding.

Case Laws

Prakash vs. Phulavati 2016

Fact about the Case: The Supreme Court of India rendered a major ruling in the 2016 case of Prakash v. Phulavati, which concerned the interpretation of the Hindu Succession (Amendment) Act, 2005, with a focus on the rights of daughters in ancestral property. In Hinduism, females did not have the same rights as sons regarding ancestral property before the 2005 amendment. The goal of the amendment was to equalise daughters' rights to ancestral property to address this inequality.

Judgement of the Case: The Supreme Court's ruling in this case concerned the retroactive implementation of the Hindu Succession (Amendment) Act, of 2005. The Court determined that the amendment granting daughters equal rights in coparcenary property would still apply to the father even if he had passed away before the amendment went into force. This ruling made it very evident that daughters were entitled to inherit property on an equal basis.

Vineeta Sharma vs. Rakesh Sharma 2020

Fact about the Case: Another significant ruling by the Indian Supreme Court on the interpretation of the Hindu Succession (Amendment) Act, 2005, specifically about daughters' rights to ancestral property, is the case of Vineeta Sharma v. Rakesh Sharma (2020). In Hinduism, females did not have the same rights as sons regarding ancestral property before the 2005 amendment. The amendment gave daughters equal rights to ancestral property to address this inequality.

Judgement of the Case: The Succession (Amendment) Act, 2005 should be read in accordance with the ruling in this case. The court determined that girls had a birthright to coparcenary property regardless of the father's health at the time of the amendment. It was also determined that the change takes effect immediately and trumps all prior decisions, conventions, and practices. In this particular instance, daughters' equal rights to inherited property were upheld.

Conclusion

In summary, this legislation establishes a standard list of heirs eligible to succeed and was designed to eliminate disparities in property rights between men and women. Hindus' inheritance of property has become more uniform as a result of the Act. Bypassing the 2005 amendment, it attempted to close all of the gaps that were present. Regarding the individuals to whom this legislation does not apply, there is uncertainty.