Hindu Succession Act, 1956: General Rules of Succession
Object:
This Act removes inequalities between Male and Female with respect to right in property and it lays down a common list of heirs entitled to succeed on intestacy.
Basic features of the Act:
a.This Act applies to all Hindus.
b.This Act provides order of Succession of many heirs in schedule section 9.
c.Lawful acquired property by a female becomes her absolute property.
d.The Act also lays down provisions for the devolution of the property.
e.The Act lays down the general rules of Succession.
f.The Act has an overriding effect.
The Act lays down the general rules of Succession under section 8 and 15 are as follows:
1.General Rules of Succession in case of Males (Section 8)
2.General Rules of Succession in case of Females (section 15).
1.General Rules of Succession in case of Males are as follows:
The property of a male Hindu dying intestate shall devolve according to the provisions of the act which are as follows:
A.Firstly, upon the relatives specified in class I of the Schedule.
B.Secondly, of there is no class I heirs, upon the relatives specified in class II of the Schedule.
C.Thirdly, if there is no heir of any of the two classes, then upon the agnates of deceased.
D.Lastly, if there is no agnates, then upon the Cognates of the deceased.
Class I heirs include : Sons, daughters, widows, mothers, sons of pre-deceased son, widows of pre-deceased son, Son of a pre-deceased son of a pre-deceased son, widows of a pre-deceased son of a pre-deceased son.
Class II heirs include :The following is the order which are to be followed:
1.Father
2.Son’s/daughter’s son
3.Son’s/daughter’s daughter
4.Brother
5.Sister
6.Daughter’s/son’s son
7.Daughter’s/son’s daughter
8.Daughter’s/daughter’s son
9.Daughter’s/daughter’s daughter
10.Brother’s Son
11.Sister’s Son
12.Brother’s daughter.
Agnates:
Agnates means Male ascendants and Male descendants.Degrees are counted, the fewer the degrees of relationship is preferred.
Example: Father’s son, Son’s Son’s son, is the agnates.
Cognates:
If in any relationship between the two there is interference of the female are Known as cognates. There are descendant cognates or ascendant cognates.
Example: Son’s daughter’s son, Father’s mother’s father.
2.General Rules of Succession in case of Females are as follows:
The property of a female Hindu dying intestate shall devolve according to the provisions of the act which are as follows:
1.Firstly, upon son’s, daughter and husband.
2.Secondly, heirs of husband
3.Thirdly, mother and father
4.Fourth, heirs of father
5.Lastly, heirs of mother.
Exceptions to the rules of Succession in case of Females are as follows:
1.The property goes to the heirs of the father if a female has inherited any property from her father or mother and dies without a son or daughter.
2.If a female has inherited any property from her husband, or father-in-law and dies without a son or daughter that property goes to the heirs of the husaband.
