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“PROJECT WORK”
GAURAV GEHLOT
17RU11007
“Succession to the property of a Hindu Male”
The Hindu Succession Act, 1956, is a law that was passed by the ‘Parliament of India’. The
preamble of the Act signifies that an Act to amend and codify the law relating to intestate
succession among Hindus. The Act lays down a uniform and comprehensive system of
succession whereas attempt has been made to ensure equality inheritance rights between sons
and daughters. It applies to all Hindus including Buddhists Jains and Sikhs. The Hindu
Succession Act, 1956 preserves the dual mode of devolution of property under the Mitakshara
School. The joint family still devolves by Survivorship with this important exception that if a
Mitakshara Coparcener dies leaving behind mother, widow, daughter, daughter’s daughter, son’s
daughter, son’s son’s daughter, son’s widow, son’s son’s widow, or daughter’s son his interest in
the joint family property will devolve by succession.
The Act does not apply to the property of a Hindu who is married under the Special Marriage
Act to a non -Hindu.
Class I heirs:-
The property of a Hindu Male dying intestate would be given first to heirs within Class I. They
are:
i. Mother,
ii. Widow,
iii. Daughter,
iv. Son,
v. Widow of a predeceased son,
vi. Son of a predeceased son,
vii. Daughter of a predeceased son,
viii. Widow of a predeceased son of a predeceased son,
ix. Daughter of a predeceased son of a predeceased son,
x. Son of a predeceased son of a predeceased son,
xi. Daughter of a predeceased daughter, and
xii. Son of a predeceased daughter.
Some new heirs are added by Hindu Succession (Amendment) Act, 2005. They are:
Section 10, Hindu Succession Act deals with the distribution of the property of the propositus,
among class I heirs. The rules are:
A.] Sons, daughters and the mother of the propositus each take one share.
For example:-
If ‘P’ dies leaving behind his Mother ‘M’, two sons S1 and S2 and two
Daughters D1 and D2, each of the above heirs will take one share, i.e., 1/5th
-‘M’ will take 1/5th ;
- D1 and D2 each will also take 1/5th &
- S1 and S2 each will take one fifth.
B.] Widow takes1 share. If there are more than one widow, all of them together take one
Share and among themselves they divide it equally.
For example:-
‘P’ dies leaving behind a widow, ‘W’ and three daughters ‘D’, ‘D1’, and
‘D2’. Here each will take one share, i.e. 1/4th to each.
-‘W’ will take 1/4th,
-‘D’, ‘D1’ &‘D2’ each will take 1/4th .
C.] Among the heirs of the branches of a predeceased son, son of a predeceased son of a
Predeceased son and predeceased daughter, so here the doctrine of representation applies
i.e. heirs in each branch would take the same share which their parent would have taken.
1] Category I -
a) Father.
2] Category II -
a) Son’s daughter’s son.
b) Son’s daughter’s daughter.
c) Brother.
d) Sister.
3] Category III -
a) Daughter’s son’s son.
b) Daughter’s son’s daughter.
c) Daughter’s daughter’s son.
d) Daughter’s daughter’s daughter.
4] Category IV -
a) Brother’s son.
b) Brother’s daughter.
c) Sister’s son.
d) Sister’s daughter.
5] Category V -
a) Father’s father.
b) Father’s mother.
6] Category VI -
a) Father’s widow. [Step mother].
b) Brother’s widow.
7] Category VII -
a) Father’s brother.
b) Father’s sister.
8] Category VIII -
a) Mother’s father.
b) Mother’s mother.
9] Category IX –
a) Mother’s brother.
b) Mother’s sister.
The rule of share in Class-II heirs is that each will take per capita including widow.
Agnates mean when a person traces his relationship with another through males, he or she is an
‘Agnates’. For instance brother, brother’s son, son’s son, son’s son father, father’s father,
father’s mother, father’s father’s father & mother, son’s daughter, son’s son’s daughter……….
etc are agnates.
On other hand cognates means whenever in the relationship of a person with another, a female
(or more than one female) interverence anywhere in the line, one cognate to another. For
instance sister’s sons & daughters; daughter’s sons & daughters; mother’s mother & father;
father’s mother’s father & mother; mother’s father’s son & daughter………..etc are all cognates.
Government:
If a Hindu male leaves behind neither class I, nor class II, nor any agnates, nor any cognates
upon his death, then, his entire property lapses to the government. This is called as “Escheat”.
When government takes his property as heir, it takes with subject to all the obligations and
liabilities of propositus.
Certain exceptions:-
If , and the heirs are both male and female, the female heir is not allowed to request partition
until the male heir chooses to divide their respective shares. If this female heir is a daughter, she
has the right to reside in the home if she is unmarried, divorced or widowed.
After the Hindu Succession (Amendment) Act, 2005; Section 6, the difference between the
female and male inheritor has been abolished . Now even female inheritor [daughter] can also
claim partition of the ancestral property.
Further any person who commits murder is disqualified from receiving any form of inheritance
from the victim.
Amendments
The Hindu Succession (Amendment) Act, 2005, amended Section 6 of the Hindu Succession
Act, 1956, allowing daughters of the deceased equal rights with sons. In the case of coparcenary
property, or a case in which two people inherit property equally between them, the daughter and
son are subject to the same liabilities and disabilities. The amendment essentially furthers equal
rights between males and females in the legal system.