The document discusses inheritance laws for Hindus in India. It provides definitions of inheritance and succession, noting they are essentially the same. Hindu inheritance law applies to Hindus, Muslims, Christians, Jews and Parsis. For Hindus, the Hindu Succession Act of 1956 and its 2005 amendment govern inheritance. The laws outline heir classes and the order of inheritance for both male and female Hindus. For males, property goes to Class I heirs like sons first, then Class II heirs like fathers or brothers. For females, property goes to sons, daughters and husband first, then heirs of the husband or father/mother. The 2005 amendment gave daughters equal rights to ancestral property as sons.
The document discusses inheritance laws for Hindus in India. It provides definitions of inheritance and succession, noting they are essentially the same. Hindu inheritance law applies to Hindus, Muslims, Christians, Jews and Parsis. For Hindus, the Hindu Succession Act of 1956 and its 2005 amendment govern inheritance. The laws outline heir classes and the order of inheritance for both male and female Hindus. For males, property goes to Class I heirs like sons first, then Class II heirs like fathers or brothers. For females, property goes to sons, daughters and husband first, then heirs of the husband or father/mother. The 2005 amendment gave daughters equal rights to ancestral property as sons.
The document discusses inheritance laws for Hindus in India. It provides definitions of inheritance and succession, noting they are essentially the same. Hindu inheritance law applies to Hindus, Muslims, Christians, Jews and Parsis. For Hindus, the Hindu Succession Act of 1956 and its 2005 amendment govern inheritance. The laws outline heir classes and the order of inheritance for both male and female Hindus. For males, property goes to Class I heirs like sons first, then Class II heirs like fathers or brothers. For females, property goes to sons, daughters and husband first, then heirs of the husband or father/mother. The 2005 amendment gave daughters equal rights to ancestral property as sons.
The document discusses inheritance laws for Hindus in India. It provides definitions of inheritance and succession, noting they are essentially the same. Hindu inheritance law applies to Hindus, Muslims, Christians, Jews and Parsis. For Hindus, the Hindu Succession Act of 1956 and its 2005 amendment govern inheritance. The laws outline heir classes and the order of inheritance for both male and female Hindus. For males, property goes to Class I heirs like sons first, then Class II heirs like fathers or brothers. For females, property goes to sons, daughters and husband first, then heirs of the husband or father/mother. The 2005 amendment gave daughters equal rights to ancestral property as sons.
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What is Inheritance?
Inheritance is whatever one receives upon the death of
a relative due to the laws of succession, when there is no will and generally by a will. However, inheritance has come to mean anything received from the estate of a person who has died, whether by the laws of succession or as a beneficiary of a will or trust. It has not been defined under any statute, though for practical purposes there is no differences between inheritance and succession.
Inheritance Law applicable to all the
community:
Hindu Muslim Christian Jew Parsi
Who is a Hindu? Indian Constitution does not give a definition of the term Hindu, but it does define to whom the Hindu Law applies. It has to do this because in spite of its pretence to secularism, the Indian Constitution allows Muslims, Christians and Parsis a separate Personal Law. In a way, this separate treatment of different communities merely continues the communal autonomy of castes and sects accepted in pre-modern Hindu states, but it exposes the credibility deficit of Indian secularism. At any rate, the situation is that Personal Law is divided on the basis of religion, and
that one of the legal subsystems is called Hindu Law.
Inheritance in Hindu The Hindu Succession Act, 1956, is a law that was passed by the parliament of India in 1956 to amend and codify the law relating to intestate or unwilled succession, among Hindus. The Act lays down a uniform and comprehensive system of inheritance and applies to persons governed by both the Mitkar and Dyabhga schools. It is hailed for its consolidation of Hindu laws on succession into one Act. The Hindu woman's limited estate is abolished by the Act. Any property possessed by a Hindu female is to be held by her absolute property and she is given full power to deal with it and dispose it of by will as she likes. The Act was amended in 2005 by the Hindu Succession (Amendment) Act, 2005.
Applicability 1) This Act applies(a) to any person, who is a Hindu by religion in any of its forms or developments including a Virashaiva, a Lingayat or follower of the Brahmo, Prarthana or Arya Samaj; (b) to any person who is Buddhist, Jain or Sikh by religion; and (c) to any other person who is not a Muslim, Christian, Parsi or Jew by religion unless it is proved that any such person would not have been governed by the Hindu Law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed. Explanation: The following persons are Hindus, Buddhists, Jains or Sikhs by religion, as the case may be:(a) any child, legitimate or illegitimate, one of whose parents are Hindus, Buddhists, Jains or Sikhs by religion; (b) any child, legitimate or illegitimate, one of whose parents is a Hindu,
Buddhist, Jains or Sikh by religion and who is brought up as a member of the
tribe, community, group or family to which such parent belongs or belonged; (c) any person who is convert or re-convert to the Hindu, Buddhist, Jains or Sikh religion. (2) Notwithstanding anything contained in sub-section (1) nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs. (3) The expression "Hindu" in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section.
In the case of males
The property of a Hindu male dying intestate, or without a will, would be given first to heirs within Class I. If there are no heirs categorized as Class I, the property will be given to heirs within Class II. If there are no heirs in Class II, the property will given to the deceaseds agnates or relatives through male lineage. If there are no agnates or relatives through the males lineage, then the property is given to the cognates, or any relative through the lineage of males or females. There are two classes of heirs that are delineated by the Act. Class I heirs are sons, widows, mothers, sons of a pre-deceased son,, widows of a pre-deceased son, son of a, pre-deceased sons of a predeceased son, and widows of a pre-deceased son of a predeceased son. If there is more than one widow, multiple surviving sons or multiples of any of the other heirs listed above, each shall be granted one share of the deceaseds property. Also if the widow of a pre-deceased son, the widow of a pre-deceased son of a pre-deceased son or the widow of a brother has remarried, she is not entitled to receive the inheritance. Class II heirs are categorized as follows and are given the property of the
deceased in the following order:
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
In the case of females
Under the Hindu Succession Act, 1956, females are granted ownership of all property acquired either before or after the signing of the Act, abolishing their limited owner" status. However, it was not until the 2005 Amendment that daughters were allowed equal receipt of property as with sons. This invariably grants females property rights. The property of a Hindu female dying intestate, or without a will, shall devolve in the following order: 1. upon the sons and daughters (including the children of any pre-deceased
son or daughter) and the husband,
2. upon the heirs of the husband. 3. upon the heirs of the father, and 4. upon the heirs of the mother.
Certain exceptions If , and the heirs are both male and female, the female heir is not allowed to request partition until the male heir chooses to divide their respective shares. If this female heir is a daughter, she has the right to reside in the home if she
is unmarried, divorced or widowed. After the Hindu Succession (Amendment)
Act, 2005 Section 6 the difference between the female and male inheritor has been abolished - Now even female inheritor [daughter] can also claim partition of the ancestral property. Any person who commits murder is disqualified from receiving any form of inheritance from the victim. If a relative converts from Hinduism, he or she is still eligible for inheritance. The descendants of that converted relative, however, are disqualified from receiving inheritance from their Hindu relatives, unless they have converted back to Hinduism before the death of the relative.
Amendments The Hindu Succession (Amendment) Act, 2005, amended Section 6 of the Hindu Succession Act, 1956, allowing daughters of the deceased equal rights with sons. In the case of coparcenary property, or a case in which two people inherit property equally between them, the daughter and son are subject to the same liabilities and disabilities. The amendment essentially furthers equal rights between males and females in the legal system.
