Hindu Succession Act 1956: History, Cases and Future

The Parliament of India enacted the Hindu Succession Act of 1956. It was published on 17 June 1956. This act came into existence seven years after India became independent. It applies to persons all over India and also over Jammu and Kashmir after the repeal of Article 370 in October 2019.

The ideology behind this act is to carry forward and create an undisputed inheritance succession among Indian families. It defines laws for succession for the immediate heirs (Class I and Class II), agnates, cognates, and other possible cases. To make it inclusive for female heirs, it was amended in 2005.

This legislation aims to provide a comprehensive framework that ensures equitable treatment of family members and aligns with the cultural and societal norms prevalent in Hindu society. It includes 31 sections, which are majorly segregated as

• Preliminary (Section 1-4)
• Intestate Succession (Section 5-29)
• Testamentary (Section 30)
• Section 31 (This section has been repealed)

Preliminary Sections

• Sections 1 and 2 mention the title and applicability of the act. The application of the act extends to people who are Hindu, Buddhist, Sikh, and Jain. It also applies to people who are not Muslim, Christian, or Parsi.

• Section 3 gives the definitions and interpretations of the words, such as Agnate, Cognate, Half-blood, Uterine Blood, Intestate, Heir, Aliyasantana Law, etc. Section 4 gives this act the power to prevail over any act before the commencement of the Hindu Succession Act 1956.

Intestate Succession

• This kind of succession takes place when the deceased person has not created any type of testament or will.
• Sections 5-29 define laws for the distribution of property when there is no valid will left behind by the property owner. Key features include:
  • Section 5 states this act is not applicable to any property that is regulated by the Hindu Succession Act 1925, any estate that has been transferred to the government of India by the ruler of any Indian state, or any property that the Palace Administration Board of India regulates.
  • The general rules and order of heirs of succession when the property belongs to a male person. A different section defines the same for a female person.
  • Section 25 deals with the disqualification of an heir if he/she/they are charged with the murder of the property owner.
  • Section 26 disqualifies an heir if they convert to a religion that does not come under the purview of The Hindu Succession Act 1956.
  • Section 29 states that in case of no heirs, the property is transferred to the Government of India, along with its liabilities.

Testamentary Succession

• Section 30 states that any Hindu person can create a will as per their preferences and distribute it among their heirs. When a testament or will dictates property succession, it is termed testamentary succession. 
• In Hindu law, both males and females have the authority to create a will for their property, including shares in undivided Mitakshara coparcenary property, in favor of any individual, provided it meets legal requirements. 
• Distribution occurs according to the will’s provisions rather than inheritance laws. In cases where the will is invalid or unenforceable, property devolves through inheritance laws.

• It follows the basic ideologies of the Mitakshara School and Dayabhaga School. The Hindu Succession Act of 1956 was amended in December 2004 and came into force by 2005.
• It was made inclusive by giving the female heirs coparcenary rights and treating them as equals to the male heirs of the same property. (Section 6)
• It also included the amendment that the property owned by a female will be her absolute property and not a limited ownership.

• Agnate: A person is agnate of the other if they are related by blood and only through male relationships. For example, father-son, father-daughter, etc.
• Cognate: A person is cognate of the other if they are related by blood but not only through male relationships. For example, maternal aunt-niece, etc.
• Intestate: A person who dies without defining or creating a valid will.
• Full blood: Persons who have a shared ancestry(father) from the same mother.
• Half-Blood: Persons having the same ancestry(father) but from different mothers.
• Uterine Blood: People sharing the same ancestress(mother) but different fathers.

Classification of Heirs

The preference of the heir selection and property distribution is done through the following list. It is descending in order (Class I, Class II, Agnates, Cognates)

• Class I (Sons, Daughters, Widows, Adopted sons, Mothers, Sons of a predeceased son, Widows of a predeceased son, etc.)
• Class II (Father, Son’s Daughter’s son, Son’s daughter’s daughter, Brother, Sister, etc.)
• Class III (Agnates)
• Class IV (Cognates)

Degrees and Order of Preference

• In the line of familial succession, each generation tier is defined as a degree. In the hierarchy of inheritance, Class I heirs take precedence over Class II heirs, and they inherit first if present. Likewise, Class II heirs are prioritized over agnates, cognates, and subsequent categories.
• Degrees of ascent refer to previous generation ancestors, while degrees of descent denote the next generation descendants.
• Preference is given to an agnate with a descent degree over one with an ascent degree. In scenarios involving two agnates with both ascent and descent degrees, priority is granted to the individual with fewer ascent degrees.

• Satya vs.Teja Singh (2019): The Supreme Court ruled out that mothers can inherit property from a deceased son or daughter, according to section 14(1) of the Hindu Succession Act 1956. The females have the right to deal with that property as per the absolute ownership.
• Danamma v. Amar (2018): This case led the Supreme Court to rule out that even if the deceased person died before the Hindu Succession (Amendment) Act 2005, the daughters would have equal rights as the sons in the property.
• Ramkali vs. Mahila Shyamwati (2000): The Supreme Court held out that if the marriage is nullified on the death of the husband. The transfer of inheritance would not be made to the widow.

The introduction of this act has reformed many evils of society, such as:

• Elimination of Sapinda relationships, which allowed for the inheritance of property based on emotional bonds. Instead, the law now delineates specific categories of heirs, such as Class I heirs, Class II heirs, agnates, and cognates, who are eligible to inherit assets.
• Granting coparceners the ability to draft wills regarding their share of the property is a privilege that is now acknowledged under Section 30 of the Hindu Succession Act 1956.
• The conventional principle of survivorship has been substituted with standardized succession rules, varying between genders. 
• Furthermore, the Act has extended recognition to daughters as coparceners, affording them equivalent entitlements to sons.
• In the past, certain individuals were barred from inheriting property due to factors such as mental incapacity, moral character, or physical disabilities. However, recent amendments have nullified these disqualifications, leaving only two prohibitions under the Act: being convicted of murder or having changed one’s religious affiliation.

• Potential future developments in the Hindu Succession Act 1956 depend on multiple ends of legal, cultural, and societal factors, which could sum up the subtle shifts in the application and interpretation of laws.
• As emerging technologies continue to infiltrate various aspects of legal administration, the landscape of inheritance law may witness a quiet revolution, with digital platforms poised to revolutionize processes like will drafting, estate management, and probate proceedings.
• The future trajectory of inheritance laws is still complicated for a civilian. Broader global trends, including socio-economic transformations and cross-cultural exchanges, may subtly influence the evolution of legal frameworks governing familial succession.

Related Articles

• Indian Contract Act 1872
• Hindu Marriage Act, 1995
• Divorce Laws in India

This law outlines four classes of heirs who inherit property if someone dies without a will, known as intestate. Property passes through these classes, moving to the next if no heirs are found in the previous one. The 2005 Amendment bolstered women’s property rights, a crucial step toward equality. Despite its success in standardizing property succession, there are lingering uncertainties about its applicability. 

Notably, the Act now recognizes daughters as coparceners, granting them equal rights. Moreover, it eliminated disqualifications based on physical or mental conditions, replacing them with reasonable criteria like barring murderers and converts.

What is the Hindu Succession Act 1956?

It’s a law governing inheritance among Hindus, outlining who inherits property if someone dies without a will.

Who are considered heirs under the Act?

Heirs include relatives categorized into four classes, determining the order of succession.

What did the 2005 Amendment change?

The amendment strengthened women’s property rights and made succession laws more gender-equal.

Are there any disqualifications for inheritance?

Yes, the Act disqualifies murderers and converts from inheriting property.

How does property succession work under the Act?

Property passes through classes of heirs, moving to the next if no heirs are found in the previous class.

What impact does the Act have on gender equality?

It grants daughters equal rights as sons, recognizing them as coparceners and allowing them to inherit property.