A person’s estate, or the property they leave behind when they pass away, is inherited according to the law in the absence of any testamentary wishes, such as a will. So, to summarize, succession is the transfer of ownership of a property (immovable or movable) from a deceased person to that person’s legitimate heirs or agent. It is crucial to examine now how succession and inheritance are related because, despite their apparent similarities, they vary fundamentally in important ways. As previously stated and described, succession is simply the transfer of ownership rights to a deceased person’s property, whereas inheritance is the automatic transfer of a deceased person’s property to a person who is related to them by blood, marriage, or adoption. For example, when a person gains an interest in the property through the use of an are going to, the transfer of the ownership cannot be considered a legacy but rather a succession; however, when a person passes away and leaves behind a son, the transfer of an interest in assets from X to Y is an inheritance.
The Hindu Succession Act, 1956:
The “Parliament of India” enacted a law in 1956 called the Hindu Succession Act. The Act’s preamble declares that it is an Act to modify and codify Hindu intestate succession law. The Act establishes a consistent and comprehensive succession system, and efforts have been taken to guarantee that sons and daughters have equal inheritance rights. All Hindus, including Buddhists, Jains, and Sikhs, must abide by this rule. The Mitakshara School’s dual method of property devolution is preserved by the Hindu Succession Act of 1956.
Hires of Hindu Males:
When a Hindu marries a non-Hindu under the Special Marriage Act, the Act does not extend to their property.
Hindu male descendants can be divided into the following five categories: Class I heirs, Class II heirs, Agnates, Cognates, and Government.
People who belong to Class I heirs are those to whom the interest in the land will first pass upon the death of the intestate. Eleven female and five male individuals make up the category. In addition, unlike the previous joint family system, none of the class I heirs may assert a birthright to the inherited property. All class I heirs take the property absolutely and solely as their separate property.
The following heirs find a place in Class I:
- Mother [M]
- Widow [W]
- Daughter [D]
- Widow of a predeceased son [SW]
- Daughter of a predeceased son [SD]
- Daughter of a predeceased daughter [DD]
- Daughter of a predeceased son of a predeceased son [SSD]
- Widow of a predeceased son of a predeceased son [SSW]
- Son [S]
- Son of a predeceased son [SS]
- Son of a predeceased son of a predeceased son [SSS]
- Son of a predeceased daughter [DS]
- Daughter of a predeceased daughter of a predeceased daughter [DDD]
- Son of a predeceased daughter of a predeceased daughter [DDS]
- Daughter of a predeceased daughter of a predeceased son [SDD]
- Daughter of a predeceased son of a predeceased daughter [DSD]
The land will be distributed to the heirs in Class II if there are no heirs in Class I. Nine divisions have been established for them. It is standard practice to exclude heirs from later categories from an earlier group. Additionally, the per capita share is taken concurrently by all heirs in a category.
|category I||category II||category III|
|Father||Son’s daughter’s son.||Daughter’s son’s son.|
|Son’s daughter’s daughter.||Daughter’s son’s daughter.|
|Brother.||Daughter’s daughter’s son.|
|sister||Daughter’s daughter’s daughter.|
|category IV||category V||category VI|
|Brother’s son.||Father’s father.||Father’s widow. [Stepmother]|
|Brother’s daughter||Father’s mother||Brother’s widow.|
|category VII||category VIII||category IX|
|Father’s brother.||Mother’s father.||Mother’s brother.|
|Father’s sister.||Mother’s mother.||Mother’s sister.|
Agnates and cognates:
Agnates are people who have relationships with other people that can be traced back to men. Contrarily, cognates refer to any time a woman (or more than one woman) intervenes in a connection between two people, from one cognate to another.
When a Hindu man passes away, the government inherits all of his property if he leaves behind neither class I nor class II, nor any agnates or cognates. Escheat is the term used for this. When the government inherits its land, it does so with all of the responsibilities and liabilities of porosities.
The succession of a property of a Male Intestate:
All the heirs are split into four divisions or groups based on whether they are connected by blood, marriage, or adoption. This classification is based mainly on the heir’s proximity to the deceased, though other elements like affection and genuine love are additionally taken into account. Additionally, the earlier regime’s norm of agnate over cognate has been maintained.
Rules for devolution of property of a Male Intestate:
When an intestate person passes away, the property will first pass to class I descendants; if there is only one class I heir, the property will not pass to class II heirs. The property will pass to class III or agnates, which mainly consists of the leftover heir who is a blood relative of the intestate or is related to him through a long male line of relatives if there are no class II heirs. Any other blood relative of the intestate will become entitled to the land if there is no class III heir present.
It is important to note that the Act’s provisions or any corresponding schedule do not completely foreclose an individual from inheriting a decedent’s property in the absence of a close cousin. if he can prove his blood relationship to the dead, no matter how far away. This represented a major shift since, under the previous regime, only four generations were acknowledged; however, the restriction on the degree has since been lifted.
Doctrine of Escheat
The property of the intestate will pass to the government under the concept of escheat if none of class I, class II, agnate, or a cognate is present.
By amending Section 6 of the Hindu Succession Act of 1956, the Hindu Succession (Amendment) Act of 2005 gave daughters of the decedent the same privileges as sons. The daughter and son are subject to the same liabilities and limitations in cases of coparcenary property, or when two individuals inherit property equally. In essence, the change advances the parity of men and women before the law.
- A two-judge bench had ruled in the Prakash v. Phulavati case in 2015 that the daughter of the coparcener (father) had no claim to the coparcenary property if he had died before September 9, 2005, the date the amendment took effect.
- However, in the Danamma v. Amar case in 2018, another two-judge bench had held that the two daughters in this matter would get a share in the property, even if their father had passed away in 2001.
One of the most important purchases a person makes is property, which can be used for a variety of things, including business or basic housing needs. One of the most significant things a person can have is property, which is passed down to his or her descendants after the owner’s death. Because of this, property rights are important.
The actual legal heirs of an individual should receive the property.
The inheritance bequeathed by the ancestors is available to the legal heirs.
The Hindu Succession Act’s Section 10 addresses how to divide the property of the propitious among class I successors. The following regulations apply: Each son, daughter, and mother of the propitious receives one share.