The Hindu Succession Act, 1956; Intestate Succession

The Hindu Succession Act, 1956

Introduction

This act came into force on 17th June, 1956 which deals with the succession, intestate or unwilled, among Hindus. This act contains 4 chapters 31 sections and 1 schedule.

Preamble – Act to amend and modify the law relating to intestate succession among Hindus.

Chapter 1 – Preliminary (Sec. 1 to 4)

Chapter 2 – Intestate Succession (Sec. 5 to 29)

Chapter 3 – Testamentary Succession (Sec. 30)

Chapter 4 – Repeals (Sec. 31)

Schedule 1 – Class I & Class II heirs

The property which a Hindu hold can be a property of joint Hindu family or can be his separate property, the property of Joint Hindu Family shall be devolve according to the rules of coparcenary or the rules of partition but the separate property of a Hindu shall devolve acc. to the rules of succession (intestate or testamentary). The provisions regarding the intestate succession are discussed here.

Important Definitions (Sec. 3)

1. Agnates – when a person is related through males by blood or adoption.

2. Cognates – when a person related through females.

3. Full blood – when two persons have common father and mother then they are related by full blood.

4. Half blood – when two persons have common father but different mother then they are related by half blood.

5. Uterine blood – when two persons have different father but common mother then they are related by uterine blood.

Overriding Effect (Sec. 4)

Any custom or usage prevailing before the commencement of this act will be void after this act come into force. If there is any law exists at the time of commencement of this act, then this 1956, act will prevail if there is any contrary provision in that law and that provision will be void.

Intestate Succession in case of male Hindu

General Rules of succession in case of males (sec. 8)

The property of a male Hindu dying intestate (without making will) shall devolve –

i. Firstly, among class I heirs given in the schedule;

ii. Secondly, if there is no heir of class I, then to the class II heirs of the schedule;

iii. Thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased;

iv. Fourthly, if there is no agnate, then upon the cognates of the deceased;

If there is not any of the abovementioned person is available, then the property will rest to the government as per Sec. 29 of the act.

Order of succession among heirs in the schedule (Sec. 9)

Heirs mentioned in class I of the schedule shall take share simultaneously and to the exclusion of all other heirs.

Heirs mentioned in class II of the schedule, those in entry 1 shall be preferred to those in the 2nd entry, the property shall devolve to the heirs given in the entry on preference basis in ascending order from 1st entry to last entry. As per Sec. 11, the heirs specified in any one entry, in class II, they take the share equally.

Distribution of property among heirs in class I of the schedule (Sec. 10)

Rule 1 – If there are more widows than one then all the widows together shall take one share.

Rule 2 – The surviving sons, daughters and the mother of the died person shall take one share each.

Rule 3 – The heirs in branch of pre-deceased son(s) or pre-deceased daughter(s) shall take 1 share, i.e. the share which their parent would have got, if they were alive. For instance, if there are more than one pre-deceased children, then only one share will be divided between them.

Rule 4 – Distribution of shares referred to in rule 3, devolution of shares of died person in the branch of pre-deceased son and pre-deceased daughter:

i. Branch of pre-deceased son -

• 1 share to widow or widows together;

• 1 share each to surviving son(s) and daughter(s);

• 1 share to the branch of pre-deceased son(s).

ii. Branch of pre-deceased daughter –

• Husband – no share;

• Surviving son(s), daughter(s) – 1 share each

Intestate succession in case of female Hindu

Rules of succession in case of females Hindus are divided into 3 cases:

1st u/s 15(1) - when the property is self-acquired or she got apart from the property which she got from her father or father-in-law or husband.

2nd u/s 15(2)(a) - when she got the property inherited from her father or mother.

3rd u/s 15(2)(a) - when she got the property inherited from her father-in-law or her husband.

General rules of succession in case of female Hindus (Sec. 15)

Sec. 15(1) - When the property is self-acquired or she got apart from the property which she got from her father or father-in-law or husband.

The property of a female dying intestate shall devolve, acc. to rules given u/s 16 –

i. Firstly, upon sons, daughters (including children of pre-deceased son or daughter) and the husband;

ii. Secondly, upon the heirs of husband;

iii. Thirdly, upon mother and father;

iv. Fourthly, upon the heirs of father;

v. Lastly, upon heirs of mother.

Sec. 15(2)(a) - The property which a female got from her father or mother then that property upon the death of female, shall devolve to the sons, daughters, children of pre-deceased (son or daughter) of the intestate simultaneously, but in the absence of these persons, the property shall be devolve upon the heirs of fathers acc. to the rule 3 of sec. 16.

Sec. 15(2)(b) – The property which a female got from her husband or father-in-law shall devolve firstly to sons, daughters, children of pre-deceased (son or daughter) of the intestate. In the absence of above heirs the property shall devolve upon the heirs of husband acc. to the rule 3 of sec. 16.

Rules given u/s 16:

Rule 1 – Heirs given in entry 1 shall be given preference to the 2nd or the succeeding entry and those persons included in same entry shall take the share simultaneously.

Rule 2 – Children of pre-deceased son or daughter would get such share in the property which their parent would get if they were alive.

Rule 3 – If the devolution of the property shall take place to the heirs of husband, father, or mother, as the case may be then it is presumed that they died intestate immediately after the death of female dying intestate and the property will devolve accordingly.