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SUCCESSION RIGHTS OF HINDU

MALES
VAISHNAVI SHARMA
BALLB (B)
INTRODUCTION

Succession rights refer to the rules that govern who inherits property and
assets when someone passes away. In Hindu law, succession rights are
governed by the Hindu Succession Act, 1956, which applies to Hindus,
Buddhists, Jains, and Sikhs.
HISTORICAL BACKGROUND

• Before the Act was passed, Hindu succession law was governed by
customs and traditions that varied across different regions and
communities. The Act aimed to codify and standardize Hindu succession
law, eliminating gender bias and providing equal rights to all heirs.
CLASSES OF HEIRS

• This slide explains the four classes of heirs recognized by the Hindu
Succession Act:Class I heirs are the closest relatives, including sons,
daughters, parents, and spouse.Class II heirs are more distant relatives,
including grandchildren, great-grandchildren, and siblings.Class III heirs
are even more distant relatives, including nieces, nephews, and
cousins.Class IV heirs are the most distant relatives, including other
relatives like uncles, aunts, and in-laws.
RIGHTS OF MALE HEIRS

• Sons have equal rights to inherit ancestral property, while grandsons and
great-grandsons inherit in the absence of sons. Brothers and their children
also have inheritance rights under certain circumstances.
MITAKSHARA AND DAYABHAGA SCHOOLS

• Mitakshara and Dayabhaga. Mitakshara prevails in most of India and


emphasizes joint family property, while Dayabhaga prevails in Bengal and
emphasizes individual property rights. The two schools have different
approaches to succession and inheritance.
CASE LAWS

• highlights two landmark court cases that have shaped Hindu succession
law:Vineeta Sharma v. Rakesh Sharma (2020): The Supreme Court
ruled that daughters have equal rights in ancestral property, even if the
father died before the amendment in 2005. Danial Latifi v. Union of
India (2001): The Supreme Court ruled that the Muslim Personal Law is
subject to Constitutional provisions, including gender equality principles
CONCLUSION

• In conclusion, Hindu succession law has evolved to promote gender


equality and provide equal rights to all heirs. Understanding succession
rights is crucial in ensuring gender equality and women's empowerment in
India. Let's work towards a more inclusive society where all individuals
have equal opportunities to inherit and own property."

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