Succession
Succession under Hindu law is the process of transferring the property of a deceased Hindu to his or her legal heirs. Succession under Hindu law can be either testamentary or intestate. Testamentary succession means succession according to a valid will made by the deceased. Intestate succession means succession in the absence of a valid will or in respect of property not disposed of by a will.
The Hindu Succession Act, 1956 is the main legislation that governs succession under Hindu law. The Act applies to all Hindus, Buddhists, Jains and Sikhs by religion. The Act provides for a uniform and comprehensive system of inheritance and succession for both males and females. The Act also abolishes the traditional distinctions between ancestral and self-acquired property, joint family and coparcenary property, and sapinda and cognate relations.
The Act lays down different rules of succession for males and females who die intestate. For males, the Act specifies four classes of heirs who are entitled to inherit the property of the deceased in a specified order. The four classes are:
Class I Heirs
These include the widow, sons, daughters, mother and other specified relatives of the deceased.
Class II Heirs
These include the father, brother, sister and other specified relatives of the deceased.
Agnates
These include the relatives who are related to the deceased wholly through males.
Cognates
These include the relatives who are related to the deceased partly through males and partly through females.
The property of a male Hindu dying intestate devolves firstly upon the heirs in Class I. If there are no heirs in Class I, then upon the heirs in Class II. If there are no heirs in Class II, then upon the agnates. If there are no agnates, then upon the cognates.
For females, the Act specifies that the property of a female Hindu dying intestate devolves firstly upon her sons and daughters (including children of any predeceased son or daughter) and her husband. Secondly, upon her heirs from her father’s side. Thirdly, upon her heirs from her mother’s side. Lastly, upon her husband’s heirs.
The Act also confers equal rights on sons and daughters to inherit coparcenary property as coparceners. A coparcener is a person who acquires a birthright in the joint family property by virtue of being born in a four-degree relationship with the last holder of the property. A daughter becomes a coparcener by birth in her own right in the same manner as a son. She also has the same rights and liabilities as a son in respect of coparcenary property.
The Act also provides for certain disqualifications for inheritance. A person is disqualified from inheriting any property if he or she has committed murder or abetted murder of the deceased or has converted to another religion without reconversion.
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