Vande
Matram! Succession is very confusing and complicated process if it is not governed
by the laws. Hindu personal law comprises of special provisions for inheritance
in the form of Hindu Succession Act, 1956 (for short HCA) and Hindu Succession
(Amendment) Act, 2005 for short (HCAA). In this article, I am sharing some
important points from the said Act.
Hindu
Succession Act, 1956
Purpose
of the Act:
HAS
is enacted for codification laws related to intestate succession among Hindus.
This is Act no. 30 of 1956 and came into force on 17th June 1956 to
the whole of India. This Act is applicable to
a)
any person who is Hindu including Virashaiva, Lingayat, follower of Bramho,
Prarthan and Arya Samaj, by religion, as well as
b)
to any person who is Buddhist, Jain or Sikh by religion and
c)
to any person who is not at all Muslim, Christian, Parsi or Jew by religion. (provided
if that person proves that he or she is not governed by Hindu law)
Rules
of succession:
As
per the rules of succession the property of male Hindu dying intestate shall
devolve
a)
firstly among the legal heir being the relatives specified in Class I of the
schedule,
b)
secondly if there are no class I relatives then among the Class II relatives
specified in the schedule being legal heirs,
c)
thirdly if no relatives of both classes then agnates of the deceased
d)
lastly if no agnates then cognates of the deceased will have the right of legal
heir to the property of the male Hindu dying intestate.
Further
rules for the division property of male Hindu dying intestate are given
according to which
a)
widow or widows of the deceased will have one part of the property – thus a
Hindu widow is having right of ownership on one part of the property of her
husband.
b)
surviving sons, daughters and mother shall take one part each. Thus mother of a
male Hindu dying intestate is having right of ownership on one part of the property
of her deceased son.
c)
If any heir of predeceased son or predeceased daughter is there then he or she
shall have one part of the property of the intestate.
Further
if no class I relatives mentioned above are there to claim the legal heir
rights of intestate then any one entry of the Class II relatives will get the
equal parts of the property.
Further
if there are no class I or class II relatives to claim legal heir rights then the
property of the intestate will be devolved in his agnates and then in his cognates.
The order of agnates or cognates is decided on the degree of ascent or descent
or both. One generation is equal to one degree.
Further
provisions for succession of the female Hindu dying intestate are given
according to which the property of the female Hindu dying interstate shall be
inherited
a)
firstly to her children and children of predeceased child and her husband.
b)
secondly to legal heirs of husband
c)
thirdly to her mother and father
d)
fourthly to the legal heirs of her father
e)
last to her mother
It
is further mentioned that, if the intestate female has property inherited to
her from her father, and there is absence of her children including children of
predeceased child, then such property will be devolved to the legal heirs of
her father. Thus husband will not have any right on the property inherited to
his wife from her father.
If
the intestate female has property inherited to her from her father-in-law, and
there is absence of her children including children of predeceased child, then
such property will be devolved to the legal heirs of her husband. Means part of
Stridhan inherited to a woman from her father-in-law will be devolved back in
her in-laws in absence of any son, daughter or any grand-child.
The
Act provides that if an intestate dies and there is a child in the womb of
mother, then he may have same rights of inheritance after his birth as if he
was alive at the time of death of intestate.
Right
of women under HSA or HSAA:
Section
6 provides for Devolution of interest in coparcenary property. After 2005
amendment daughters got the right to become coparceners in same manner as the
son. The daughter is allotted same share as that of son. Also the daughter will
also be subject to liabilities and disabilities as that of son.
Section
14 provides that ‘property of a female Hindu to be her absolute property’. It means
that any property possessed by female Hindu, shall be held by her as full owner
and not the limited owner. Such property may be movable or immovable and acquired
by the female Hindu by inheritance, device, partition, in lieu of maintenance, arrears
of maintenance, by gift from any person, by her own skills or exertion, by
purchase, or by prescription etc shall be termed as ‘Stridhana’ and she shall
be the full owner of such property.
Disqualification
of the legal heirs:
If
a person murders an intestate then he is disqualified from inheritance of property
of deceased. If such murderer is having any children or descendants and are not
involved in the murder of the intestate then they will devolve the property of
Hindu intestate as if that murderer is pre-deceased.
If
a person has ceased or ceases to be Hindu by conversion to another religion,
then such converted person and children born to him after such conversion shall
be disqualified from inheriting the property of a Hindu intestate. If such
converted person is having any children or descendants who are Hindu at the
time when succession opens then they will devolve the property of Hindu
intestate as if that converted person is pre-deceased.
As
per Section 29 of the HSA or HSAA Government will devolve all the property of
Hindu intestate if he or she has not left any qualified legal heir.
Conclusion:
Thus
this act provides for succession in Hindu family law. At the end as per this Act
Government is the legal heir of deceased Hindu in case of absence of legal
heirs, if he dies without executing his will. Murderers of intestate are not
eligible for inheritance of his or her property. Any person converts to any
other religion and ceases to be Hindu then he cannot be legal heir of any
deceased.
#WomenWelfareLawsInIndia #HinduLaw
#FamilyLaw #PersonalLaw #LawOfInheritance #LawofSuccession #HinduSuccessionLaw
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for reading.
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References
Hindu
Succession Act, 1956.
