6 Things You May Not Know About The Hindu Succession Act

The Indian legislative system has a comprehensive set of laws that govern matters of succession and property inheritance in the country. These laws have been clarified by court rulings and verdicts, and from time to time, several amendments have also been undertaken to keep them relevant. Let us look at six aspects of the Hindu Succession Act that you may not know about.

Application of the Hindu Succession Act 1956 

1. The Hindu Succession Act governs inheritance laws about property owners of Hindus, Sikhs, Jains, and Buddhists. It also applies to members of the Lingayat, Virashaiva, Brahmo, Prarthna, or Arya Samaj. The act covers all Indian citizens except Muslims, Christians, Jews, and Parsis.
2. As for the qualification of the people covered by this legislation, the act refers to the legitimate or illegitimate children of parents who are Hindu, Buddhist, Jain, or Sikh. It also covers children whose one parent belongs to these religions. It has been brought up as a member of the tribe, community, family, or clan that practices this religion. It also applies to anyone who has converted to the Hindu, Sikh, Buddhist, or Jain religion.

Classes of heirs 

1. 1. The Hindu Succession Act of 1956 classifies heirs as Class I, Class II, Agnates, and Cognates. After the passing of an intestate Hindu male, the Class I heirs are entitled to receive an equal share of the person's property. If there are no Class I heirs, Class II heirs are entitled to equal shares and if there are no Class I or II heirs, the Agnates and Cognates inherit equal shares of the property.
   2. If a Hindu female dies intestate, her property is equally divided among her husband and children. If her husband is predeceased and she has no surviving children, her property is inherited by the husband's heirs. In the absence of such heirs, her parents have the right to inherit. If they are not alive, her father's heirs and then her mother's heirs have the right to claim the property.

Ancestral property

Ancestral property is defined as property passed on to the owner through inheritance from the father, grandfather, and great-grandfather and has remained undivided or unpartitioned throughout this period. The right of ownership to such an ancestral property is gained by the owner, his sons, grandsons, and great-grandsons, who are considered coparceners. This was later amended to include daughters as coparceners.

Exceptions to the Hindu Succession Act

While understanding the Hindu Succession Act, we must read it in context with the exceptions and disqualifications made by the law.

1. According to the act, a person who murders a property owner is disqualified from receiving an inheritance from the latter. Any person who abets the murderer, the children and descendants of the murderer or abettor are also disqualified from inheriting the victim's property. While understanding the Hindu Succession Act, we must read it in context with the exceptions and disqualifications made by the law. According to the act, a person who murders a property owner is disqualified from receiving an inheritance from the latter. Any person who abets the murderer, the children and descendants of the murderer or abettor are also disqualified from inheriting the victim's property.
2. Suppose a legal heir under the Hindu Succession Act has converted to another religion. In that case, he or she may still be eligible to receive his/her share of the inheritance, but his/her descendants are disqualified from receiving their share (if any) unless they have converted to Hinduism before the relative's death.

Hindu Succession (Amendment) Act, 2005

The Hindu Succession Act, 1956, was amended in 2005 in landmark legislation. The amendment removed gender stereotype provisions and made daughters legal heirs of their parents' properties, irrespective of their age or marital status. The law accorded them rights equal to sons.

Presence of a will

It is important to remember that the Hindu Succession Act of 1956 and all laws related to inheritance apply only when a person dies intestate. When a person drafts, signs, and registers a will, it takes precedence over the rights of the legal heirs. This is for all assets and properties, including real estate. The beneficiaries named in the will have a legal claim over the property, except undivided ancestral property, which cannot be passed on through a will. For a will to be valid, it is important that the testator is an adult of sound mental faculties and that two people witness the will.  

If you are a property owner or are a legal heir and are unsure about the nuances of the Hindu Succession Act, it is a good idea to consult a legal expert or a lawyer dealing with succession and inheritance.