This Article is written by Ankita Negi & this article discuss the concept of Hindu Succession Act.
- Introduction
- Features of the Act
- Applicablity of Hindu Succession Act
- Types of succession
- Changes brought to the succession act
- Division of heirs
- Case laws
- Conclusion
Introduction
Hindu succession act, 1956 talks about the succession and inheritance. This Act establishes a standard and all-encompassing structure that takes inheritance and succession into account. Intestate or unwilled succession is another topic covered by this Act. As a result, this Act incorporates and encompasses all facets of Hindu succession. This article will go into additional detail on the applicability, definitions, and basic words related to succession in the context of both males and females.
Features of Hindu Succession Act,1956
- It reduces uniform canon for succession.
- It makes a uniform apparatus of property devolution and inheritance that is equally relevant to Dayabhaga School and Mitakshara School locations.
- Regarding succession, it nullifies all previous laws, practices, guidelines, etc. that applied to Hindus. Any law or act that conflicts with this Act’s provisions would be rendered invalid.
- The idea of impartible estate and its succession by special mode have likewise been eliminated.
- The Act also acknowledges a child’s entitlement to the property while they are still inside their mother. (Section 20) It provides that an unborn kid in a woman’s womb would have the right to inherit the property, given that he has been born before a person dies intestate.
Applicability of Hindu Succession Act,1956
Section 2 of Hindu Succession Act,1956 sets downs the relevancy:
- Any individual who practices Hinduism in any of its manifestations or stages, such as a Virashaiva, a Lingayat, or a disciple of the Brahmo, Prarthana, or Arya Samaj; any individual who practices Buddhism or Sikhism; and
- To any other individual who does not identify as a follower of Islam, Christianity, Parsi, or Judaism, unless it can be demonstrated that, in relation to any of the subjects covered by this Act, the individual in question would not have been subject to Hindu law or any customs or usage included within it.
The section gives an explanation of who, according to their faith, is a Hindu, Buddhist, Jains, or Sikh:
- Any child, whether legitimate or illegitimate, whose parents are followers of any of the following religions: Hindu, Buddhist, Jain, or Sikh; any child, whether legitimate or illegitimate, whose parents are followers of any of these religions and who is raised as a member of the tribe, community, group, or family to which such parent belongs or belonged; any person who converts or re-converts to any of these religions.
Types of succession
There are 2 types of successions-
- Testamentary Succession- This kind of succession describe the transfer of property that is governed by a will or testament. A Hindu man or woman may make a will in anyone’s name regarding property, even a portion of the undivided Mitakshara coparcenary property. This ought to be legitimate and enforceable by law. For example- For instance, in the event that John drafts a will and names his daughter as his heir, she will be entitled to receive his belongings upon his death.
A Will or Testament is a legal document that identifies one or more people as the executors to oversee the estate until its ultimate distribution and states the testator’s desires for the disposal of their property to the beneficiary upon their death.
- Intestate succession- This kind of succession states when someone passes away without leaving a testament or will. In such a case, the property will be divided among the legitimate heirs in accordance with inheritance regulations.
The Indian populace ought to embrace estate planning to steer clear of the entanglements and aftermaths associated with intestate succession. Estate planning offers several advantages, including preventing family strife, ensuring a seamless transfer of assets to successors, safeguarding the deceased’s fortune, encouraging better tax planning, etc.
Changes brought to the succession act
Each and everything requires a change to get developed.
- The utmost change was related to the succession of property. The process of property devolution is one of them. It has offered a consistent method for the devolution of self-acquired or distinct property and coparcenary property.
- Relationships with Sapinda are terminated- The old Sapinda relatives, which inherited property out of love and affection, were eliminated. Now that the list of heirs has been mentioned, it has separated them into four groups.
Also there were certain changes made to the Hindu Joint Family
- Modifications concerning illegitimate sons- Only the assets of illegitimate mother are eligible for inheritance. No rights in coparcenary property have been granted to him. Previously, his status was caste-based and chaotic as a result of both schools.
- Consanguine and uterine blood connection changes- Under the old laws and regulations, consanguinity was recognized but uterine blood ties were not. Relationships between uterine stressors and distinct spouses are known as uterine relations. Both relationships are recognized and accorded privileges under current law.
Division of heirs
- Class 1
In this class, father plays no part and the property is dispersed simultaneously. A class I heir is categorised as Son, daughter, widow, mother, son of a pre-deceased son, daughter of a pre-deceased son, son of a pre-deceased daughter, daughter of a pre-deceased daughter, widow of a pre-deceased son, son of a pre-deceased son of a pre-deceased son, daughter of a pre-deceased of a pre-deceased son, widow of a pre-deceased son of a pre-deceased son.
- Class 2
The property is distributed in a sequential manner among the class II heirs, with the father receiving preference.
1) Son’s daughter’s son, 2) Son’s daughter’s daughter, 3) Brother, 4) Sister.
1) Daughter’s son’s son, 2) Daughter’s son’s daughter, 3) Daughter’s daughter’s son, 4) Daughter’s daughter’s daughter.
1) Brother’s son, 2) Sister’s son, 3) Brother’s daughter, 4) Sister’s daughter.
The mother and father of the father.
Widow of Father, Widow of Brother.
Case laws
Prakash & others V. Phulavati & others
Anybody who identifies as Hindu by religion is subject to the codified law known as the Hindu Succession Act, 1956, which addresses succession-related issues. However, it has consistently faced criticism for its patriarchal outlook on society as a whole since its founding. The most frequently discussed topic is why daughters were not granted the same rights on their father’s property. The devolution of a deceased person’s coparcenary property is covered in Section 6 of the Health Services Act (HSA) 1956. However, this rule was changed in 2005 to give daughters the same rights and obligations as males who are coparceners by birth. Question which came up was that is this succession is beneficiary to the daughter of Hindu family?
Judgment was given by the supreme court was that in the beginning, it was decided that a daughter could not reopen a partition that happened before December 20, 2004. Second, the daughter would only be covered by the modified section if her father was still living on September 9, 2005, the date the modification went into effect. In Prakash, the court reasoned that Section 6 as it was before the 2005 modification would apply if the father, a coparcener, was not living on the date the amendment went into effect.
Conclusion
Hindus’ inheritance to property has become more uniform as a result of the Act. By passing the 2005 amendment, it attempted to close all of the gaps that were present. Regarding the individuals to whom this act does not apply, there is uncertainty. This Act’s recognition of daughters’ rights as coparceners emphasizes gender equality, which is one of its main effects. These days, women are entitled to be coparceners, inherit property, be sole proprietors, and more. The Act also, understandably enough, eliminated the disqualifications for mental and physical depravity and instead excluded murderers and converted individuals.
References
- https://www.thehindu.com/opinion/editorial/right-by-birth-the-hindu-editorial-on-daughters-and-hindu-succession-act/article32347299.ece
- Dr. Paras Diwans, Family Laws, 11th Edition, Allahabad Law Agency.
- Hindu Succession Act, 1956
