The property of a male Hindu who dies in the heir shall pass to his heir in accordance with the provisions of section 8 of the Hindu Succession Act, 1956. All these heirs inherit simultaneously and to the exclusion of other heirs. In the absence of one of the heirs of this category, the property passes to the heirs of Class II. The Hindu Succession Act, 1956 is a law passed by the Indian Parliament. The preamble of the Act means that a law amending and codifying the law concerning legal succession among Hindus. The law provides for a uniform and comprehensive inheritance law, which seeks to ensure equal inheritance rights between sons and daughters. It applies to all Hindus, including Buddhists, Jains and Sikhs. The Hindu Succession Act of 1956 preserves the dual type of decentralization of property under the Mitakshara School. The common family always involves survival, with the important exception that when a Mitakshara coparcener dies, leaving a mother, a widow, a daughter, a daughter`s daughter, a son`s daughter, a son`s daughter, a son`s widow, a son`s widow or a daughter`s son, his interest in the joint family property passes by succession.
The Hindu Succession Act 1956 deals with inheritance (a) the distinct characteristics of a Mitakshara man, (b) the separate and coparcener characteristics of a Dayabhaga man, and (c) the undivided interest in the common family property of a Mitakshara Coparcener. The Act does not apply to the property of a Hindu married to a non-Hindu under the Special Marriage Act. The heirs of a Hindu man belong to the following categories: 1) Class I heirs, 2) Class II heirs, 3) agnates, 4) related and 5) government. Class I heirs: – The property of a dying male Hindu testator would first be given to Class I heirs. They are: i. mother, ii. widow, iii. daughter, iv. son, v.
widow of a predeceased son, vi. son of a predeceased son, vii. daughter of a predeceased son, VIII. widow of a predeceased son of a predeceased son, ix. daughter of a predeceased son of a predeceased son, x. son of a predeceased son of a predeceased son, xi. daughter of a predeceased daughter and XII. Son of a predeceased daughter. Some new heirs are added by the Hindu Law Amendment Act 2005. They are: i. son of a predeceased daughter of a predeceased daughter, ii. Daughter of a predeceased daughter of a predeceased daughter, iii.
daughter of a predeceased son of a predeceased daughter and iv. daughter of a predeceased daughter of a predeceased son. Actions of Class I heirs: Section 10 of the Hindu Succession Act deals with the distribution of Propositus` assets. The rules are as follows: A.] Propositus` sons, daughters, and mother each receive a share. For example: if “P” dies and leaves his mother “M”, two sons S1 and S2 and two daughters D1 and D2, each of the above heirs will receive a share, i.e. 1/5 -“M” will receive 1/5; – D1 and D2 each take 1/5 & – S1 and S2 each occupy a fifth. B.] The widow takes 1 share. If there is more than one widow, all together take a share and share it equally. For example: “P” dies, leaving behind a widow, “W” and three daughters “D”, “D1” and “D2”. Here, everyone receives a share, that is, 1/4 each. -`W` takes 1/4, -`D`, `D1` &`D2` every 1/4. C.] Among the heirs of the branches of a predeceased son, son of a predeceased son of a predeceased son and a predeceased daughter, the doctrine of representation applies here, that is, the heirs of each branch would receive the same share as their parents would have taken over.
So we see above three rules in the following example: If “P” dies, leaving behind the son “S”, widow of a predeceased son “S1”, “SW”, son and daughter of the predeceased daughter “DS” and “DD”, the widow of the predeceased son “SSW”, his daughter “SSD” and his son “SSS”. Distribution should first take place in a place of origin of the branches. There are four branches, each will take 1/4 share, i.e. – `S` will take 1/4. In the branch of `S1` there is only one heir `SW`, it represents `S1` will take 1/4. – In the branch of the predeceased daughter, there are two heirs who represent her, take 1/4 and distribute her equally, so that “DS” receives 1/8 and “DD” 1/8. – In the branch of the predeceased grandson, there are three heirs who represent him, they will take 1/4 and divide him equally, so that “SSW”, “SSD” &`SSS` will take 1/12 each. Class II heirs and their shares: If there are no Class I heirs, the assets are transferred to the Class II heirs. They are divided into nine categories.
The rule is that an heir of a previous class excludes heirs of a later class. In addition, all heirs of a category simultaneously take one share per head. They are as follows: 1] Category I – a) Father. 2] Class II – a) Son of the son`s daughter. (b) daughter of the son`s daughter. (c) Brother. d) Sister. 3] Category III – a) Son of the girl`s son. (b) daughter of the girl`s son. (c) son of the daughter`s daughter.
(d) daughter of the girl`s daughter. 4] Category IV – a) Son of brother. (b) Brother`s daughter. c) Son of the sister. (d) The sister`s daughter. 5] Category V – a) Father of the father. (b) The father`s mother. 6] Category VI – a) Widow of the father. [mother-in-law]. (b) widow of the brother. 7] Category VII – a) Father`s brother. (b) Father`s sister.
8] Category VIII – (a) Mother`s father. (b) Mother`s mother. 9] Category IX – a) Mother`s brother. (b) Mother`s sister. The rule of the share in the heirs of class II is that everyone takes per capita, including the widow. Agnates and Cognates: The next heir of Hindu man is “Agnates and Cognates”. In this one, first “Agnates” then “Cognates” are preferred. The rules for determining who are agnates and relatives are the same; The same applies to the rules for the distribution of property between them.
Agnates means that if a person continues his relationship with another through men, he is an “Agnates”. For example, brother, son of brother, son of son, son of son father, father of father, mother of father, father and mother of father, daughter of son …….. etc. are Agnates. On the other hand, whenever in one person`s relationship with another, female interference (or more than a woman) somewhere in the lineage means a relationship to another. For example, the sons and daughters of sisters; the daughter`s sons and daughters; mother and father of the mother; father and mother of the father`s mother; The son and daughter of the mother`s father………. etc are all linked. Government: If a Hindu man leaves neither Class I nor Class II, nor agnates or relatives at his death, then all his property belongs to the government. This is called an “escheat”. When the government inherits its property, it carries with it all the obligations and responsibilities of the Propositus. Succession in the interest of a Mitakshara Coparcener Section 6 of the Act was substantially amended by the Hindu Law (Amendment) Act 2005.
while the recognition of the rule of decentralization by survival among the members of the coparcener is an exception to the rule in the reserve. If the deceased has left a surviving relative registered in Class I or a male relative specified in that class who claims through such a female relationship, the interest of a deceased in the property of Mitakshara Coparcener passes by will of state succession in accordance with the law and not as survivors.
