HINDU SUCCESSIONS ACT, 1956

By: Anmol Sharma

HINDU SUCCESSIONS ACT, 1956

Introduction

• The Hindu Succession Act, 1956 is an Act relating to the

succession and inheritance of property.
• This Act also deals with intestate or unwilled (testamentary)
succession.
• This Act combines all the aspects of Hindu succession and
brings them into its ambit.
• This Presentation shall further explore the applicability, and
the basic terms and definitions and the rules for succession in
the case of males and females.

By: Anmol Sharma

HINDU SUCCESSIONS ACT, 1956

Succession of A Hindu Male Dying Intestate Under

The Hindu Succession Act:

Sections 8 to 13 of the Hindu Succession Act, 1956 lay

down the general rules as to the order of succession when
a Hindu male dies intestate.

By: Anmol Sharma

HINDU SUCCESSIONS ACT, 1956

The Bare reading of Section 8 is Section 8.

General rules of succession in the case of males.
–
The property of a male Hindu dying intestate shall devolve
according to the provisions of this chapter: -
(a) Firstly, upon the heirs, being the relative specified in class I of
the schedule.
(b) (b) Secondly, if there is no heir of class I, then upon the heirs,
being the relatives specified in class II of the schedule;
(c) (c) Thirdly, if there is no heir of any of the two classes, then
upon the agnates of the deceased; and
(d) (d) Lastly, if there is no agnate, then upon the cognates of the
deceased.

By: Anmol Sharma

HINDU SUCCESSIONS ACT, 1956
CLASS I HEIRS

The property first devolves upon the heirs of Class I of the Schedule.
They are the son, daughter, widow, mother, son of a predeceased son, daughter of a
predeceased son, son of a predeceased daughter, daughter of a predeceased daughter,
widow of a predeceased son, son of a predeceased son of a predeceased son, daughter of a
predeceased son of a predeceased son and widow of a predeceased son of a predeceased
son

By: Anmol Sharma

HINDU SUCCESSIONS ACT, 1956

Class II heirs
The Class II heirs are categorized and are given the
property in the following order:

Father
Son’s Daughter’s son
Son’s daughter’s daughter
Brother
Sister
Daughter’s son’s son, daughter’s son’s daughter,
daughter’s daughter’s son, daughter’s daughter’s
daughter
Brother’s son, sister’s son, brother’s daughter, sister’s
daughter
Father’s father, father’s mother
Father’s widow, brother’s widow
Father’s brother, father’s sister
Mother’s father, mother’s mother
Mother’s brother, mother’s sister
By: Anmol Sharma
HINDU SUCCESSIONS ACT, 1956

Class III heirs

This consists of the agnates of the deceased. Class III heirs only inherit the
property when none from the earlier classes gets the property.

An agnate is a person who is related to the intestate only through male

relatives. An agnate can be a male or a female.
A cognate (Class IV) is someone who was related to the
intestate through mixed relatives, in terms of sex. For example,
an intestate’s paternal aunt’s son is his cognate, but his
paternal uncle’s daughter will be an agnate.

By: Anmol Sharma

 HINDU SUCCESSIONS ACT, 1956
Section 9. Orders of succession among heirs in the Schedule. –

Among the heirs specified in the Schedule, those in Class I shall take simultaneously and
to the exclusion of all other heirs; those in the first entry in Class II shall be preferred to
those in the second entry; those in the second entry shall be preferred to those in the third
entry; and so on in succession.

Section 10. Distribution of property among heirs in Class I of the Schedule.- The property of an intestate shall be
divided among the heirs in Class I of the Schedule in accordance with the following rules:
Rule 1- The intestate's widow, or if there are more widows than one, all the widows together, shall take one share.
Rule 2- The surviving sons and daughters and the mother of the intestate shall each take one share.
Rule 3- The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take
between them one share.
Rule 4- The distribution of the share referred to in Rule 3-

i. among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the
surviving sons and daughters get equal portions; and the branch of his predeceased sons gets the same portion;

ii. among the heirs in the branch of pre-deceased daughter shall be so made that the surviving sons and daughters get
equal portions. By: Anmol Sharma
 HINDU SUCCESSIONS ACT, 1956
Section 11. Distribution of property among heirs in Class II of the Schedule.-
The property of an intestate shall be divided between the heirs specified in any one
entry in Class II of the Schedule so that they share equally.

Section 12. Order of succession among agnates and cognates.- The order of
succession among agnates or cognates, as the case may be, shall be determined in
accordance with the rules of preference laid down hereunder:
Rule 1- Of two heirs, the one who has fewer or no degrees of ascent is preferred.
Rule 2- Where the number of degrees of ascent is the same or none, that heir is
preferred who has fewer or no degree of descent.
Rule 3- Where neither heir is entitled to be preferred to the other under Rule 1 or
2, they take simultaneously.

Section 13. Computation of degrees.

1) For the purpose of determining the order of succession among agnates or
cognates, relationship shall be reckoned from the intestate to the heir in terms of
degrees of ascent or degrees of descent or both, as the case may be.
2) Degrees of ascent and degrees of descent shall be computed inclusive of the
intestate.
By: Anmol Sharma
3) Every generation constitutes a degree either ascending or descending.
 HINDU SUCCESSIONS ACT, 1956
IMPORTANT CASE LAWS

1.Self acquired property of Hindu male. In KIRPAL KAUR Vs JITENDER PAL SINGH AND OTHERS (2015) AIR (SC) 2967 it is held
that Section 8 applies to succession of self acquired property of Hindu male.
2. Female property to be reverted to husbands heirs. In BAJAYA Vs GOPIKABAI 1978-AIR (SC)-0-793 full bench, held that the
succession of female properties under section when to be reverted to husband’s heirs as section15 of Hindu succession act, section 8 is
applicable.
3. Property succeeded from separated father is absolute property. In COMMISSIONER OF WEALTH Tax, KANPUR Vs CHANDER
SEN AIR (SC)-1986-0-1753. It is held that the separated father’s assets cannot be assessed under Hindu undivided family and section 8 is
applicable.
4. Property came to Hindu male under gift. In C.N.ARUNACHALA MUDALIAR Vs C.A.Murugatha Mudallar SCR-1954-0-243 It is
held that property came to a Hindu under gift is his absolute property and its succession will be under section 8.
5. Property came to Hindu male from Collaterals is his absolute property. In MADANLAL PHULCHAND JAIN Vs State Of
Maharashtra AIR (SC)-1992-0-1254 It is held Property came to A Hindu from his uncle is his absolute property.
6. A sole surviving Hindu gets share in partition will hold the property absolutely. In L. Gowramma (D) By Lr. Vs Sunanda (D) By Lrs.
And Anr. AIR (SC) 2016 0 352, Property got by sole surviving Hindu got in partition is his absolute property till coparcener is born after
birth of coparcener it becomes joint family property.
7. Property succeeded under section 8 will be absolute property of successor. In Makhan Singh Vs Kulwant Singh 2007-AIR (SC)-0-1808
and YUDHISHTIR Vs ASHOK KUMAR AIR (SC)-1987-0-558, SADHU SINGH Vs Gurdwara Sahib Narike AIR (SC)-2006-0-3282,
G.Rama Vs T.G.Seshagiri Rao (D) By Lrs AIR (SC)-2009-0-531: It is held that the person who succeeds to the property under section 8
will be in his individual capacity and not as Karta of the family and so it will be his absolute property.

By: Anmol Sharma

HINDU SUCCESSIONS ACT, 1956

CONCLUSION
This Presentation explored some basic terms and definitions used in the Hindu
Succession Act, 1956. There are four classes of heirs to which property devolves in
case if a Hindu dies leaving behind a will, in which case he becomes intestate. This
property devolves through these classes. If no one from the earlier class is present,
then it devolves to the next class and so on. Lastly, this article also explored the
2005 Amendment to this Act, which brought much-needed protection to women’s
rights regarding the property.

The Act has been successful in bringing uniformity to the succession of property
among Hindus. It tried to rectify all the loopholes that existed by enacting the 2005
amendment. However, there is an ambiguity as to people to whom this act is not
applicable. One of the major impacts of this Act is that it emphasises equality
between males and females by recognising the rights of daughters as coparceners.
Women now have the right to be a coparcener, inherit property, be absolute owners,
etc. The Act also abolished disqualifications based on the physical deformity and
mental depravity and instead disqualified murderers and converted persons, which is
reasonable.
By: Anmol Sharma
HINDU SUCCESSIONS ACT, 1956

By: Anmol Sharma