INTRODUCTION

In India, succession laws are predominantly based on religious affiliations, making the deceased’s religion the primary factor in determining the applicable legal framework. The Hindu Succession Act, as its title indicates, is specifically applicable to Hindus. The foundational principle of Hindu inheritance is rooted in Manu’s declaration that “sons take the property to the nearest sapinda, the inheritance next belongs.” Prior to the Hindu Succession Act of 1956, succession under the Mitakshara system was guided by the principle of propinquity, while the Dayabhaga system focused on religious efficacy. With the enactment of the Hindu Succession Act of 1956, alongside the specific provisions for Hindus governed by the Marumakkattayam and Aliyasantana laws, distinct succession schemes for both male and female intestates have been established. The application of these inheritance laws takes into account not only the religion of the deceased but also their sect within the religious community, their gender, domicile at the time of death, any status as a member of a scheduled tribe, and the nature of their marriage.

TESTAMENTARY SUCCESSION

The general law of the land for regulating testamentary succession to the separate property of an Indian is the Indian Succession Act, 1925. Under the Hindu Law, the property a person may have an interest in, can be categorised into two, separate properties and joint family property. The general scheme of succession is laid down under the Hindu Succession Act, 1956. The act lays down two separate schemes of succession for male and female intestates.

The basic features of the Hindu Succession Act are:

1. It amends and modifies classical Hindu Law relating to joint family and coparcenary
2. It provides for a detailed scheme of devolution by intestate succession applicable to Hindus irrespective of the school to which the intestate belonged.

• Abolished limited estate for women and replaced it with absolute estate.

1. Two separate schemes of succession for make and female intestates. In case of female, further divergence linked with the source of acquisition of property.
2. The disqualification from inheritance based on physical and mental diseases and conversion were removed.

Under the Hindu Succession Act, 1976, a person has a power to make a Will or a Testament of the totality of his separate property. The inability of a coparcener to bequeath his undivided share in the coparcenary property and other family corporations governed by the matriarchal system has been removed by the Act. He can now validly make a Will of his undivided interest in the coparcenary property and other family corporations.[i]  The spouses are prohibited from making a testamentary disposition of their property unless the other spouse gives consent.

Chapter III of the Hindu Succession Act provides for testamentary succession. As per Section 30, Any Hindu may dispose of any property that is capable of being so 2[disposed of by him or by her] in accordance with the terms of the Indian Succession Act, 1925 or any other law that is now in effect and applies to Hindus, by a will or other testamentary disposition. Notwithstanding anything in this Act or any other law currently in effect, a male Hindu’s interest in a Mitakshara coparcenary property or a member of a tarwad, tavazhi, illom, kutumba, or kavaru’s interest in the property of the tarwad, tavazhi, illom, kutumba, or kavaru shall be deemed to be property capable of being disposed of by him or her.

The Schedule of the Hindu Succession Act, found in Section 8, organizes heirs into two classes to define the order of succession for a Hindu who dies intestate. Class I heirs, who have the highest claim, include the deceased’s direct descendants and spouse: specifically, the son, daughter, widow, and mother. It also includes the children and widows of any pre-deceased sons and daughters, extending even to the descendants of these pre-deceased relatives. Class II heirs come into play when no Class I heirs are present. This class is subdivided into various groups:

1. includes the father of the deceased.
2. consists of the deceased’s siblings and their children.

• covers the grandchildren of the deceased’s children.

1. includes the children of the deceased’s siblings.
2. lists the deceased’s paternal grandparents.
3. involves the stepmother and the widow of the deceased’s brother.

• consists of the deceased’s paternal uncles and aunts.
• includes maternal grandparents.

1. lists maternal uncles and aunts. Importantly, the term “brother” or “sister” in this Schedule does not include those related only through the mother, emphasizing the focus on those sharing both parents.

This hierarchical classification provides a structured approach to distributing an intestate’s estate.

CHANGES BROUGHT BY THE SUCCESSION ACT 1967

The Hindu Succession Act of 1956 introduced significant reforms to the rules governing property inheritance. One of the key changes is the establishment of a standardized approach to property succession, distinguishing between coparcenary property and separate property.

Abolition of Sapinda Relationships

The Act replaced the previously used Sapinda relationships, which were based on affection and close kinship, with a clear enumeration of heirs divided into four distinct categories: Class I, Class II, agnates, and cognates.

Changes regarding Hindu Joint Family

Regarding Hindu joint families, the Act recognized the right of coparceners to draft a will concerning their share of the property, a right that was previously denied. The traditional rule of survivorship was replaced by a uniform succession framework that differentiates between male and female heirs. The Act also conferred coparcener status upon daughters, granting them equal rights to property alongside sons.

Disqualifications – Removed

The Act removed several disqualifications that had previously barred certain individuals from inheriting property, such as those with mental disabilities, unchaste widows, and those with physical deformities. Now, the only disqualifications for inheritance are committing murder or converting to another religion.

Succession to Separate Property

In terms of inheritance of separate property, the Act establishes that Class I heirs are entitled to inherit equally from the separate property of the deceased, alongside their rights in coparcenary property. Class I heirs take precedence over Class II heirs, who in turn are prioritized over agnates and cognates.

Illegitimate Sons

The Act also addressed the rights of illegitimate children, specifying that they can inherit only from their mother’s estate but have no rights in their father’s property or coparcenary property. This provision rectifies earlier inconsistencies and aligns with contemporary legal standards.

Changes regarding Cosanguine and Uterine Blood Relations

Additionally, the Act now recognizes both consanguineal and uterine relationships, where previously only consanguinity was acknowledged. Women are granted full ownership rights to their property, a shift from the earlier limited ownership status. The 2005 Amendment further solidified gender equality by granting daughters equal shares in property as sons.

Miscellaneous Changes

For a female Hindu who dies intestate, her property devolves first to her sons and daughters (including those of any predeceased children) and her husband. If no such heirs exist, the property then passes to the husband’s heirs, followed by her parents, and then to her father’s heirs. Similarly, property inherited from her father or mother reverts to the father’s heirs in the absence of her own children. Property inherited from her husband or father-in-law goes to the husband’s heirs if there are no surviving children.

CONCLUSION

The Hindu Succession Act of 1956 marked a pivotal shift in India’s inheritance laws, introducing significant reforms that modernized and standardized succession practices. By abolishing outdated Sapinda relationships and establishing clear categories of heirs, the Act streamlined the process of property distribution. It created a more equitable system by recognizing both consanguineal and uterine relationships, granting women full ownership rights, and ensuring equal inheritance for daughters alongside sons. The Act also addressed historical disqualifications related to mental disabilities, unchaste widows, and physical deformities, restricting disqualifications to criminal behavior and religious conversion. The ability of coparceners to make wills and the acknowledgment of daughters as coparceners represent progressive changes that align with contemporary values of gender equality. The 2005 Amendment further reinforced these principles by ensuring daughters receive equal shares in family property.

[i] Govindbhai Chhotabhai Patel v. Patel Ramanbhai Mathhurbhai AIR 2019 SC 4822: 2019 (6) CTC 683: 2020 (2) Mh LJ 258.