General Rules of Succession amongst Hindus

The Hindu Succession Act of 1956 governs the general rules of succession amongst Hindus and defines their rights and obligations.

The rules of succession amongst Hindus are governed primarily by the Hindu Succession Act, 1956, which outlines how property is inherited after the death of a Hindu individual. Whether you are dealing with ancestral property or self-acquired assets, understanding these succession rules is essential for ensuring lawful inheritance and avoiding disputes.

This article explores the general rules of succession amongst Hindus, supported by key case laws and practical guidance. For families in West Bengal, consulting an experienced property lawyer in Kolkata can help in interpreting and applying these rules correctly.

The law of succession deals with the rules of devolution of property in case where a person or individual dies without making a Will. This Act applies to all Hindus and incorporates intestate succession and testamentary succession.

Applicability of the Hindu Succession Act, 1956:

Applicability of the Hindu Succession Act, 1956 is given under Section 2. This Act is applicable to –

The Act is applicable to whole of India.
Any person, who is Hindu by religion or any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj
Any person who is a Buddhist, Jaina or Sikh by religion
Any other person who is not a Muslim, Christian, Parsi, Jew, unless it is proved that such person would not be governed by Hindu law or custom.

The Act shall not apply to members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution, unless otherwise directed by the Central Government by a notification in the Official Gazette.

Following person qualifies to be a Hindus, Buddhists, Jainas or Sikhs:

Any legitimate or illegitimate child, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion.
Any legitimate or illegitimate child, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged.
Any person who is a convert or reconvert to the Hindu, Buddhist, Jaina or Sikh religion.

Types of Succession amongst Hindus:

Testamentary Succession:

When the succession of property takes place or governed by the Will or testament, it is called testamentary succession. A Will or testament can be made by a Hindu male or female but it must be valid and legally enforceable. When a Will is made, the succession of the property is according to the Will and not according to the inheritance of the property. If the Will is not valid or legally enforceable then the distribution of the property will be according to the law of inheritance.

Intestate Succession:

Intestate Succession means when a person dies intestate meaning without making a Will or testament then the property will be distributed according to the law of the inheritance.

General Rules of Succession in Hindus:

Section 18 (Full blood preferred to half-blood) –This section provides that the heirs who are related to an intestate by full blood shall be preferred to heirs related by half blood, only if the relationship is same in every other aspect.
Section 19 (Mode of Succession of two or more heirs): This Section provides that if two or more heirs succeed together to the property of an intestate, they shall take the property –(a) Per capita and not per stirpes (unless otherwise expressly provided in the Act); and(b) As tenants-in-common, and not as joint tenants.
Section 20 (Right of a child in womb) – This Section provides that if a child was in the womb when the intestate died and subsequently born alive then he has the right to inherit the property as if he was born before the death of the intestate.
Section 21 (Presumptions in cases of simultaneous deaths) – Where two persons have died in circumstances rendering it uncertain whether either of them, and if so which, survived the other, then, for all purposes affecting succession to property, it shall be presumed, until the contrary is proved, that the younger survived the elder.
Section 22 (Preferential right to acquire property in certain cases) –Thissection confers a preferential right to acquire property. This means if an intestate’s property has devolved upon two or more heirs of Class I of the Schedule, so if one of them wishes to dispose of his interest, then other heirs have preferential right to purchase. Meaning thereby, he cannot sell his interest or share to any other person, without first offering it to other heirs of Class I.

7 Important Points about Hindu Succession:

📘 1. Applicability of Hindu Succession Act, 1956

The Act applies to:

Hindus by religion
Buddhists, Jains, and Sikhs
Illegitimate children of Hindu parents
Converts to Hinduism

It does not apply to Muslims, Christians, Parsis, or Jews.

📘 2. Succession When There is a Will (Testamentary Succession)

If a Hindu dies leaving a valid Will, the property is distributed according to the terms of the Will. Testamentary succession prevails over intestate rules.

📌 Case Law:
Gopal Swaroop v. Krishna Murari Mangal, (2010) 14 SCC 266
Held: Testamentary freedom is absolute among Hindus unless challenged on grounds of coercion, fraud, or lack of capacity.

📘 3. Intestate Succession Among Hindu Males

If a Hindu male dies without a Will, succession is governed by Section 8 of the Hindu Succession Act, which lays down the order of heirs:

➤ Class I Heirs:

Son, daughter, widow, mother
Heirs of predeceased son/daughter

They get the entire property equally.

📌 Case Law:
Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1
Held: Daughters have equal coparcenary rights in ancestral property, and these rights are by birth, not dependent on the father’s death.

➤ Class II Heirs:

If no Class I heir exists, Class II heirs (father, siblings, etc.) inherit the property.

📘 4. Intestate Succession Among Hindu Females

Under Section 15 of the Act, if a Hindu female dies intestate, her property devolves as follows:

Sons, daughters (including children of any predeceased child), and husband
Heirs of husband
Her parents
Heirs of her father
Heirs of her mother

📌 Case Law:
Smt. Kamla Devi v. Parmeshwari Devi, AIR 2001 SC 2105
Held: The Supreme Court upheld that property inherited from her husband or father-in-law reverts to the husband’s heirs if she dies childless.

📘 5. Coparcenary and Ancestral Property Rights

The Hindu Succession (Amendment) Act, 2005 gave equal rights to daughters in coparcenary property. They are now coparceners by birth, just like sons.

📌 Case Law:
Danamma v. Amar, (2018) 3 SCC 343
Held: Even daughters born before 2005 are entitled to equal rights if the father’s death occurred after the 2005 amendment.

📘 6. Disqualifications from Inheritance

Under Section 25–28, the following are disqualified:

Murderers of the deceased
Converts from Hinduism (in some interpretations)
Children born from an adulterous relationship (if proven)

📌 Case Law:
Gurubasappa v. Neelamma, AIR 1981 Kant 143
Held: A person guilty of murdering the deceased cannot claim inheritance from the victim under Section 25.

📘 7. Role of Property Lawyer in Kolkata

Succession can become complex, especially in cases involving:

Multiple heirs
Joint family property
Ancestral vs. self-acquired property
Disputes or Will challenges

A qualified property lawyer in Kolkata can:

Assist in mutation and legal heir certificates
Represent you in partition or succession disputes
Help draft or interpret Wills

Landmark Cases Relating to Succession in Hindus:

“In the case of Prakash v. Phulavati, of 2015 judgment, a two-judge bench had held that if the coparcener (father) had passed away prior to 9 September 2005 (date on which the amendment came into effect), his daughter would have no right to the coparcenary property.”

“In the case of Danamma v. Amar of 2018, 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.”

“In the case of K Laxmanan vs Thekkayil Padmini & Ors – it was held that burden of proof is on profounder. He has to prove legality & genuineness of Will by proving absence of suspicious circumstances, testamentary capacity and signature of testator.”

Understanding of Hindu Succession

The rules of succession amongst Hindus are rooted in equity but often become subject to disputes due to misinterpretation or lack of documentation. Understanding Class I & II heirs, testamentary rights, and the 2005 amendment is crucial for legal clarity.

If you’re facing issues related to inheritance, ancestral property, or joint family disputes, engaging a competent property lawyer in Kolkata ensures that your rights are protected and the correct legal pathway is f

Jul, 2021