Prior to 1956, different rules, diktats, and Hindu laws of inheritance were practised among different clans across the country. These were often contradictory and led to a number of legal hassles. However, the introduction of the Hindu Succession Act in 1956 codified the rights of succession and inheritance, bringing clarity to legal rights and ownership claims of properties in the country.
Hindu laws of inheritance and succession
The Hindu Succession Act regulates the inheritance laws for property owners who are Hindus, Sikhs, Jains, Buddhists, Lingayats, Virashaivas, Brahmos, Prarthnas, or Arya Samaj members. This act applies to all Indian citizens except for those who are Muslims, Christians, Jews, and Parsis.
Who are legal heirs according to Hindu law?
The Hindu laws of inheritance, based on the Hindu Succession Act, classify heirs as Class I, Class II, Agnates, and Cognates. In the event of the death of a Hindu male without a will, the property will be distributed equally among Class I heirs. If there is no Class I heirs, Class II heirs will receive equal shares. In the absence of both Class I and II heirs, Agnates and Cognates will inherit the property in equal shares. Class I heirs are classified as sons and daughters, widow, and mother. Apart from these, children of predeceased children may also be considered to be Class I heirs.
In the event that a Hindu woman passes away without a will, her property will be divided equally among her husband and children. If her husband has already passed away and she has no surviving children, her property will be inherited by her husband's heirs. Her parents will have the right to inherit if there are no such heirs. If her parents are deceased, her father's heirs and then her mother's heirs will have the right to claim the property.
All about ancestral property
Ancestral property is an immovable property that is inherited by a Hindu man from his father, grandfather, and great-grandfather and remains undivided through this period. The rights of ownership of ancestral property lie with this man, his sons, grandsons, and great-grandsons. All of them are equal owners and are referred to as coparceners. In the case of self-acquired property, the ownership passes from the current owner to the legal heir after the death of the former.
In the case of ancestral property, the ownership rights are gained at birth. This means that the coparceners gain their right as soon as they are born. The right to manage ancestral property rests with the head of the Hindu Undivided Family (HUF). It cannot be partitioned, divided, or sold without the consent of all the coparceners. When an ancestral property is divided, partitioned, or sold, each coparcener has an equal right to the property or the sale proceeds. After division, partition, or sale, the share received by each of the coparceners is treated as self-acquired property.
Can women inherit property?
In 2005, the Hindu Succession Act was amended, and daughters were recognised as equal coparceners in ancestral properties. Prior to this, unmarried daughters were considered members of the Hindu Undivided Family but did not have the same rights as the sons, who were coparceners and could claim ownership of ancestral property or an equal share if divided or partitioned. In a 2022 judgement, the Supreme Court also ruled that the daughter is entitled to inherit the intestate father's self-acquired property. This right accorded to the daughters is inalienable and does not depend on their marital status.
Relevance of will
The laws of succession and inheritance, as laid out in the Hindu Succession Act of 1956, are considered the guiding principle, but only when the property owner dies intestate, that is, in the absence of a will. If a will exists, the property of the testator is always passed on to the beneficiary named in the will or is divided in accordance with the wishes expressed in the will. The only exception here is in the case of ancestral property. Ancestral property that remains undivided or unpartitioned cannot be bequeathed through a will, as its ownership rights also rest with the sons, grandsons, and great-grandsons of the owner.
If you are a Hindu, Sikh, Jain, or Buddhist property owner in India and are unclear about the laws of inheritance, it is a good idea to seek the help of a lawyer dealing with estate and inheritance. Several judicial rulings have provided clarity regarding these laws, and seeking expert help can be necessary to gain a thorough understanding.
