Succession rights of majority of people in India are regulated under the provisions of the Hindu Succession Act, 2005. This makes it imperative for all property owners to know the key provisions of this law. Look at the main provisions of the law that regulates succession law in India.
Scope
The act applies to all who follow Hinduism, Buddhism, Jainism and Sikhism. The act does not include Christians, Muslims, Parsis, and Jews.
Definition of intestate
According to the law, intestate is a condition in which a property owner dies without leaving a ‘will’. In such a scenario, the estate of the person is distributed among his heirs based on the provisions of the Hindu Succession Law.
Definition of heir
The act defines heir as “any person, male or female, who is entitled to succeed to the property of an intestate”.
Classification of heirs
Under the Hindu Succession Act 1956, legal heirs are categorised into two classes — Class-I and Class-II. In case, an estate holder dies without leaving a ‘will’, Class-I heirs will have the first right on the wealth. Class-II heirs can claim their rights only if there are no Class-I heirs available.
List of Class-I heirs
- Son
- Daughter
- Widow
- Mother
- Son of a pre-deceased son
- Daughter of a pre-deceased son
- Son of a pre-deceased daughter
- Daughter of a pre-deceased daughter
- Widow of a pre-deceased son
- Son of a pre-deceased son of a pre-deceased son
- Daughter of a pre-deceased son of a pre-deceased son
- Widow of a pre-deceased son of a pre-deceased son
- Son of a pre-deceased daughter of a pre-deceased daughter
- Daughter of a pre-deceased daughter of a pre-deceased daughter
- Daughter of a pre-deceased son of a pre-deceased daughter
- Daughter of a pre-deceased daughter of a pre-deceased son
List of Class-II heirs
- Father
- Son’s daughter’s son
- Son’s daughter’s daughter
- Brother
- Sister
- Daughter’s son’s son
- Daughter’s son’s daughter
- Daughter’s daughter’s son
- Daughter’s daughter’s daughter
- Brother’s son
- Sister’s son
- Brother’s daughter
- Sister’s daughter
- Father’s father
- Father’s mother
- Father’s widow
- Brother’s widow
- Father’s brother
- Father’s sister
- Mother’s father
- Mother’s mother
- Mother’s brother
- Mother’s sister
Non-applicability on property
Rules of this Succession Law don’t apply on a property succession regulated by the Indian Succession Act, 1925.
Property rights of women
After an amendment to Section 6 of the Hindu Succession Act of 1956 in 2005, daughters have been put on par with sons, as far as coparcenary rights in HUF property are concerned. Consequently, the daughter gets all the rights attached with coparcenary.
Coparcener
Coparcener stands for a joint heir. The Hindu Succession Act establishes that an individual born in a Hindu Undivided Family becomes a coparcener by birth. Note that both sons and daughters are coparceners in an HUF and share equal rights.
Legal updates
Right to property as a coparcener different from right of maintenance: Karnataka HC
Property given to a wife or daughter as maintenance is not the same as providing them a share in property, the Dharwad Bench of the Karnataka High Court has ruled. In an order dated April 5, 2023, the single judge-Bench of Justice Anant Ramanath Hegde also ruled that exception made to Section 6 (1) Hindu Succession Act, 1956, cannot apply if property partition is in violation of a court order.
Read full coverage here.
| Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at [email protected] |
An alumna of the Indian Institute of Mass Communication, Dhenkanal, Sunita Mishra brings over 16 years of expertise to the fields of legal matters, financial insights, and property market trends. Recognised for her ability to elucidate complex topics, her articles serve as a go-to resource for home buyers navigating intricate subjects. Through her extensive career, she has been associated with esteemed organisations like the Financial Express, Hindustan Times, Network18, All India Radio, and Business Standard.
In addition to her professional accomplishments, Sunita holds an MA degree in Sanskrit, with a specialisation in Indian Philosophy, from Delhi University. Outside of her work schedule, she likes to unwind by practising Yoga, and pursues her passion for travel.
[email protected]
Related Posts
Inheriting assets after death of the owner.
What are the property rights of an unmarried woman?.
Don’t bank on pre-approved home loans alone, for due diligence!.
Who is a Karta in a Hindu Undivided Family (HUF)?.
All about Allahabad Development Authority.
Right to property as coparcener differs from right to maintenance: HC.
