THE NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

PROJECT

On

TOPIC: A COMPARATIVE STUDY OF THE GENERAL PROVISION OF

INDIAN SUCCESSION ACT, 1925 AND THE HINDU SUCCESSION ACT
OF, 1956

Submitted by

Tanishka Tomar

Enrolment Number: A-2382

Roll Number: 2021BALLB85

IV Semester

B.A.L.L.B. (Hons.)

submitted to

Ms. Saubhagya Bhadkaria.

Asst. Prof. Professor

Date of Submission: _____________

i
 DECLARATION

“I Tanishka Tomar D/o Mr. Prithviraj Singh Tomar Roll Number 2021BALLB85, Enrollment
Number A-2382 do hereby declare that the Project titled “Topic: A comparative study of the
general provision of Indian succession act, 1925 and the Hindu succession act of, 1956” is an
outcome of my own independent research endeavour and has been carried out under the guidance
of Ms. Saubhagya Bhadkaria. Literature relied on by me for the purpose of this Project has been
fully and completely acknowledged in the footnotes and bibliography. The Project is not
plagiarized and all reasonable steps have been taken to avoid plagiarism. Similarity Index as per
the Turnitin Report is_____%. In case, my project is found to plagiarized, the course teacher
shall have the full liberty to ask me to revise the Project. If I fail comply with the instructions of
the teacher, my project may be referred to the Committee Against Use of Unfair Means and I
will comply with the decision of the said Committee.”

Date: _________ Name and signature of student

Place: Bhopal Enrolment No.- A-2382

Roll no.- 2021BALLB85

i
 ACKOWLDGEMENT

The unconditional support of many people has made this project possible. I wish to express my
sincere gratitude to Ms. Saubhagya Bhadkaria, who helped me to develop this project into a
coherent whole through his helpful insight and brilliant know-how. I also thank Gyan Mandir,
NLIU officials for helping me find the research material appropriate for this study. I also wish to
extend my thanks to the authority of the university. I also wish to express my gratitude to my
friends and family who helped me complete this project successfully.

Tanishka Tomar

(2021BALLB85)

ii
 TABLE OF CONTENTS

TOPIC: A COMPARATIVE STUDY OF THE GENERAL PROVISION OF INDIAN

SUCCESSION ACT, 1925 AND THE HINDU SUCCESSION ACT OF, 1956.....................1

INTRODUCTION.....................................................................................................................1

REVIEW OF LITERATURE....................................................................................................3

STATEMENT OF PROBLEM..................................................................................................4

HYPOTHESES..........................................................................................................................4

METHODOLOGY....................................................................................................................4

OBJECTIVES OF STUDY.......................................................................................................4

RESEARCH QUESTION(S).....................................................................................................5

HISTORY AND SOURCES OF THE STATUTE....................................................................6

APPLICABILITY......................................................................................................................8

GENDER PARITY..................................................................................................................10

CLASSIFICATION OF PROPERTY.....................................................................................11

SOURCES OF ACQUISITION.................................................................................................11
KINDS OF PROPERTY............................................................................................................12
RELATIONSHIP BY BLOOD...............................................................................................12

FULL BLOOD/HALF BLOOD.................................................................................................12

UTERINE BLOOD....................................................................................................................12
RELATIONSHIP BY MARRIAGE........................................................................................13

MODE OF EVOLUTION.......................................................................................................13

POSITION OF BROTHERS/SISITERS.................................................................................16

AGNATES/COGNATES........................................................................................................16

1
 LINEAL DESCENDANTS.....................................................................................................17

METHOD OF COMPUTING DEGREE OF KINDERED.......................................................17

PROPOSITUS COUNTING......................................................................................................17
DIFFERENCE IN RELIGION................................................................................................17

DISQUALIFICATION OF MURDERS.................................................................................18

CONCLUSION AND SUGGESTIONS..................................................................................19

BIBLIOGRAPHY....................................................................................................................20

Books.........................................................................................................................................20
Articles.......................................................................................................................................20
Official Reports..........................................................................................................................20

2
 TOPIC: A COMPARATIVE STUDY OF THE GENERAL
PROVISION OF INDIAN SUCCESSION ACT, 1925 AND THE
HINDU SUCCESSION ACT OF, 1956

INTRODUCTION

There are two types of intestacies: total and partial. When a will contains multiple bequests to
many legatees but no disposition of the rest is made, a man may die partially intestate and
partially testate. As an example, he may die intestate with regard to the residue. Sec. 55 of the
Estates of the Intestate. Intestate comprises a person who makes a will yet passes away intestate
with respect to some beneficial interest in his real or personal property, according to the
Administration of Estate Act. When it comes to all of the property of which a man was the
owner. He has not made a testamentary disposition, such as by leaving no will, or 2. He has
made a will but it cannot be carried out because, for example, he left all of his possessions to an
unjust cause or the gift was not intended for the intended recipient existing.

A, for example, left no will. Regarding all of his property, he passed away intestate. A has left
his entire estate to an illegitimate proposal. Regarding how his assets are distributed, A passed
away intestate. In terms of religious legislation, modern India is a cosmopolitan country that is
pluralistic. In India, various religious groups have their own particular laws. India's legal system
is based on common law, a holdover from British imperialism that differs significantly from the
original British common law. The Indian Succession Act, 1925, serves as a convenient reference
for the general legislation governing inheritance and succession. Each Indian has an equal right
to inherit property upon a person's death under the terms of this Act. Hindus, Sikhs, Jains,
Buddhists, and Muslims are the exceptions because they are controlled by different succession
rules. For those who practise religions other than Islam and Hinduism, the Indian Succession Act
of 1925 is applicable.

1
We can readily separate the non-testamentary or intestate succession and inheritance laws that
apply to Hindus, Sikhs, Jains, and Buddhists from those that apply to Parsis, Christians, and Jews
from those that apply to Muslims and to people who marry outside their own religion. Hindu
Succession Act of 1956 governs intestate succession and inheritance under the laws of
succession that are applicable to Hindus, Sikhs, Jains, and Buddhists. Laws governing succession
that apply to Parsis; for intestate succession, the Indian Succession Act, 1925, specifically
sections 50 to 56, is the prevailing law. Christians and Jews are subject to the same succession
laws, which are outlined in section 31 to section 49 of the Indian Succession Act of 1925.

Muslim succession laws: where a Muslim has died testate, the matter must be governed under the
Indian Succession Act, 1925, where a Will relates to immovable property situated within the
State of West Bengal, and that of Madras and Mumbai Jurisdiction. For non-testamentary
succession, the Muslim Personal Law (Shariat) Application Act, 1937, is applicable. succession
laws under the 1954 Special Marriage Act in the case of interfaith marriages.

This essay compares the general provisions of two important intestate succession laws in India:
the general Indian Succession Act (hence referred to as ISA) of 1925 and the Hindu Succession
Act (hereinafter referred to as HSA) of 1956, which is only applicable to Hindus.

2
 REVIEW OF LITERATURE

1. Alexis Diwan Paras, Modern Hindu Law, Allahabad Law Agency, 19th Ed., (2008),
Faridabad

This book, is a good literature in order to understand the modern Hindu law. It provides a basic
understanding of how the laws have evolved and is a good source to learn the basics of any topic
under the Hindu laws.

2. Dr Sebastian, Christian Law of Succession in India, Southern Publishers, Cochin.

This literature contains all the Christian aspects of the succession laws in India. In order to
understand the Indian Succession Act of 1925 and/or Hindi Succession Act of 1956, this book
helps in achieving a good understanding pertaining to the literature and the concerned subject
matter.

3. Parashar Archana, Women and Family Law Reform in India, Sage Publications, (1992)
New Delhi

The above-mentioned book had been very helpful to build a command over the basic
understanding of the subject matter. The book basically contains all aspects relating to the family
laws in India. Anyone who wishes to learn the basics must try a hand over this excellent piece of
literature.

4. Saxena Poonam Pradhan, Family Law Lectures-Family Law II, Lexis Nexis
Butterworths, Wadhwa,2nd Ed., (2010), Nagpur

This book is also considered as a good source for the beginners in the field. It contains structured
chapters on different laws governing the religious aspects and more details regarding the law.
The book has immensely helped in making of this project work.

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 STATEMENT OF PROBLEM

The Indian Succession Act of 1925 had some shortcoming which were rectified and worked
upon by means of introduction of the Hindu Succession Act, 1956.

HYPOTHESES

The 1956 Hindu Succession Act is founded on the principles of equity, justice, and morality.

METHODOLOGY

The project’s research methodology will be based on Scheme-B that is ‘Doctrinal Approach’.

The researcher is adopting a doctrinal approach and will analyse all the related material on the
topic. It collects and analyses all the data in order to reach a critical solution.

OBJECTIVES OF STUDY

1. To understand how the two acts have impacted the religious aspect of the country.
2. To learn how the shortcoming on a legislation are dealt with.
3. To examine the changes brought through the new act.

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 RESEARCH QUESTION(S)

1. What was THE HINDU SUCCESSION ACT, 1956's primary motivation?

2. What modifications have been made as a result of THE HINDU SUCCESSION ACT,
1956?
3. What were the short comings of the Indian Succession Act, 1925?
4. How did the new act work in the direction of supporting the non-cared in the previous
act?

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 HISTORY AND SOURCES OF THE STATUTE

“When the British arrived to rule India, they discovered that all communities other than Hindus
and Muslims were not covered by any discernible succession laws. The Privy Council's ruling
that a Hindu who abandoned his religion and converted to Christianity could nonetheless elect to
be governed by Hindu Law in succession-related affairs caused this gap to become apparent.

Many English developments in India under colonialism were influenced by cutting-edge

utilitarian and legal positivist theories. This experiment dramatically destroyed the normal
organic link between a legal system and its society.1

A legal system for Indians was eventually formed in response to the demands of an entirely
different civilization, that of England. However, India still follows the "tradition" of the colonial
laws, whereas most of these legal principles have been abandoned or modified by English law.
One of them is the idea of religious personal laws.2

In the past, personal (often religious) laws and the region's overall legal codes were distinguished
by the law in Europe. But prior to invasion, Hindus and Muslims in India were controlled by
separate sets of laws, with a very small number of exceptions. India underwent complicated and
geographically diverse colonisation. Different legislative frameworks led to the colonisation of
various regions of the nation. British laws were gradually and selectively adopted, and "personal
affairs" were to continue to be handled by the local religious laws. However, in the succeeding
charters and regulations, the subject of personal legislation was chosen essentially at random.
Additionally, judicial and legislative acts impacted the actual content of these rules.”

Even though it wasn't intended, the judiciary played a key part in this case. Legislative
adjustments were made gradually as well, but the notion that religion personal laws are
unchangeable has endured. Due in part to the rhetoric used, the practise of applying religious

1
Abraham v. Abraham, (1863) 9 MIA 199.
2
Archana Parashar, Women and Family Law Reform in India, Sage Publications, (1992) New Delhi.

6
regulations to private concerns was seen as the "saving" of religious laws. Different communities
in India were distinguished by the religions they practised, and the personal laws that the English
administrators had chosen to preserve were also interpreted as belonging to a particular religion,
even though in reality they might have been local traditions rather than sacrosanct laws.

Thus, personal laws and religious laws started to be used interchangeably, and in the process, it
was forgotten that all components of Hindu and Muslim law were religious before the British
governors arrived. Furthermore, British policy dictated what should be considered a personal
matter, and of course the final form of the laws governing such personal matters—whether
governed by English courts or passed by colonial parliaments—modified the people's religious
laws.

“Numerous laws, including one on succession, were passed keeping in mind the complexity. As
time went on, it became more difficult to determine the law due to the existence of several
significant enactments, therefore it was decided to consolidate the Indian Laws pertaining to
succession. Indian Succession Bill was subsequently introduced in the legislature. This bill's goal
was to harmonise Indian law on succession. The Governor General gave his approval to the
Indian succession Bill on September 30, 1925, after the Legislature approved it. THE INDIAN
SUCCESSION ACT, 1925(39 of 1925) is how it first appeared in the Statute Book.

The Indian Succession Act of 1865 was passed to close the loopholes. It allowed, among other
things, for the intestate succession of Indian Christians (and also of Parsis). Based on English
law, it was declared to be the law of British India and to apply to all categories of intestate and
testamentary succession, with a few exceptions. However, the exclusions were so broad that they
applied to all Indian citizens. The Indian Succession Act 1925, which consolidated several
enactments regarding intestate and testamentary succession, replaced the Indian Succession Act
1865.

This Act, which largely incorporates English Law, includes reproductions of the Act of 1865, the
Hindu Wills Act, the Probate and Administration Act, and the Parsi intestate Succession Act.”

Prior to the 1956 Hindi Succession Act, Hindu succession law was essentially customary,
unaltered law. The two primary schools are Dayabhaga and Mitakhara. Upon the Hindu
Succession Act's entry into force, its provisions govern the succession to a Hindu's property, with

7
the exception of section 5, which states that the Indian Succession Act, 1925, governs the
succession to the property of all such Hindus whose marriage is solemnised under the Special
Marriage Act, 1954.

The Hindu Code, which also consists of the Hindu Marriage Act of 1955, the Hindu Adoptions
and Maintenance Act of 1956, and the Hindu Minority and Guardianship Act of 1956, includes
the Hindu Succession Act of 1956. These Acts fundamentally altered how the law regarded
Hindus. The legislation governing marriage, succession, adoption, etc. was codified.

APPLICABILITY

“As is evident from the Preamble and Section 2 of the Act, which contains Section 2(b)
Buddhists, Jains, and Sikhs, the Hindu Succession Act of 1956 exclusively applies to Hindus.
The Act also applies to the Jati Vaishnavs, Chamaars, Adi Dravidas, Bairagis, and Gouds
communities. After being Hinduized, Santhals are no longer bound by Hindu Laws. Many
schedule tribes in different regions of India with constitutional recognition are expressly exempt
from the Act.

Each of these tribes has its own set of laws that govern it. The Oraons, Gonds of M.P., Hindus
residing in the State of Jammu & Kashmir, Goa, Daman, and Diu, and Renocants of Pondicherry
are exempt from the Act because they are subject to different laws.”

The Indian Succession Act, 1925 applies to the following categories of people:3

1. European by birth or decent domiciled in India

2. Persons of mixed European and Native Blood and East Indians
3. Indian Christians
4. Jews

3
In Poonam Pradhan saxena, Family Law Lectures-Family Law II, Lexis Nexis Butterworths, Wadhwa,2nd Ed.,
(2010), Nagpur..

8
5. Section 50- 56 of the Indian Succession Act lays down special rules of succession in case of
Intestacy of a Parsi. Part of the Act dealing with consanguinity and intestate succession do
not apply to Parsi. As regards the provisions of testamentary succession, all thesections apply
to a Parsi.
6. The Act is also applicable to the Hindus to the extent that section 30 of the Hindu Succession
Act provides for testamentary succession. It provides that any Hindu may dispose of by will
or other testamentary disposition any property, which is capable of being disposed of by him,
in accordance with the provisions of the Indian Succession Act, 1925.
7. Any Indian who gets married or registers his marriage under The Special Marriage Act,
1954, will be governed by ISA for the matters of succession, also the Act would be
applicable to their issues. However, after 1976, this rule is not applicable to two Hindus
getting married under the Special marriage Act or registering under it. They continue to be
the subject of Hindu law for matters of succession.

By virtue of the Part B State (laws) Act of 1951, the ISA, which controls the succession to the
property of Indian Christians, also applies to the states of Travancore and Cochin. Any
succession that occurs after the Act's extension is subject to ISA regulations. Prior to the
Succession Act of 1865, the law governing converts was not fully established. In the case of
Abraham v. Abraham12, the Privy Council was presented with the issue, and their lordships
provided the following response: that once a Hindu converts to Christianity, the Hindu law no
longer has any residual force that is compulsory on the convert. He has the option of
renunciating the old law by which he was bound, just as he has done with his previous religion,
or, if he so chooses, he may continue to uphold the old law despite having done so.4

The Abraham cases ruling has lost its power when the Act of 1865 was passed, and in Degree v.
Pacotti5 it was determined that this Act and the inheritance laws it established were applicable.
Evidence proving that Hindus who converted to Christianity—as well as the society to which
they belonged—retain the Hindu custom is not acceptable. After the Succession Act was passed,
the Christian convert's intention to be subject to Hindu law would no longer be relevant in

4
Dr Sebastian, Christian Law of Succession in India, Southern Publishers, Cochin.
5
19 Bom 783.

9
determining who would inherit his property, and the rule of survivorship would not be applicable
as a result of any such intention attributed to him.6

“There is no explicit provision in the Succession Act that ends survivorships, but the conversion
of a Hindu family member to a different religion kills coparcenery in the same way as partition
does. The upshot is that they become co-owners without having the rights and obligations of co-
owners, or, to put it another way, they continue to be co-owners and become tenants in common
because the rights of conversion are protected by statutory enactment.

When a Hindu converts to Christianity and passes away as a Christian, the Indian Succession
Act's rules on inheritance distribution apply. In Kulada v. Haripada, it was decided that while the
incident of the joint family would continue if all members converted to Christianity, it would not
if only one of them did.”

GENDER PARITY

“According to the Hindu Succession Act of 1956, the assets of a Hindu man who passes away
intestate are divided equally among his sons, daughters, widow, and mother, as well as the
designated heirs of any deceased sons or daughters. There are many gender disparities in
succession law. The Marumakkayam and Aliyasantana laws, as well as the Hindu Succession
Act of 1956, have differing inheritance regulations for male and female intestates.

Everyone is entitled to an equal inheritance under the Indian Succession Act of 1925, with the
exception of Hindus, Sikhs, Jains, Buddhists, and Muslims. The only reason why Indian women
and daughters are marginalised, depending on male heirs for their part and right in the pursuit of
property distribution, and leading to conflicts in the families and protracted legal disputes is bias
and gender deprecation. In the ISA, the presence of the mother disqualifies the mother, whereas
in the HSA, the mother's presence disqualifies the father. Father may receive the entire or no
share under the HSA. This is the only gender-discriminatory clause in the ISA, so to speak.
6
(1913) ILR40 Cal 407.

10
Women have fewer rights than men, which is a notable aspect of the majority of religious
personal laws. The history of judicial changes to religion personal laws in the independent Indian
state demonstrates how the political imperatives frequently take precedence over the ideal of
gender equality. The state has occasionally enacted new legislation while also arguing for the
religious sanctity of certain laws. The Hindu Laws have seen the most changes, whilst the laws
of the other communities have changed more slowly.

Although it is claimed that some communities' minority status has taken precedence over gender
equality, Hindu women have also not been able to achieve full equality of rights with males.

Although the Hindu Succession Act underwent its most recent revision in 2005 to make
daughters equal co-heirs, the legislation still gives women fewer rights than men. 4 In these
particular conditions, it is more likely that gender equality for Indian women will be realised by
establishing a common family law regime that would establish regulations that would
acknowledge the idea of gender equality as the defining characteristic of the law.”

CLASSIFICATION OF PROPERTY

SOURCES OF ACQUISITION

The source of acquisition of the property is irrelevant under the Indian Succession Act, but it is
relevant under the Hindu Succession Act together with the property's nature when determining to
whom it passes following the death of the intestate.

For her separate property, which includes any other property or property received from her father
or her husband's father-in-law in capacity as a widow or a widowed daughter-in-law, there is a
different succession arrangement as set forth in Section 15 (2) of the HSA, 1956. For each of the
three categories, the heirs and the order of succession vary. For instance, when a female Hindu
dies, the property she inherited from her parents usually reverts to either the father or the father's
heirs.7
7
Section 6 of Hindu Succession Act, 1956.

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 KINDS OF PROPERTY

For the purposes of property devolution under the Indian Succession Act, the kind and character
of the property are irrelevant. On the other hand, the Hindu Succession Act of 1956 emphasises
the importance of a property's character. According to Hindu law, a person's interest in or
ownership of property can be divided into two categories: separate property and joint family
property. The Hindu Joint family system, which is exclusive to Hindus and without precedent in
any other culture, governs the laws pertaining to joint families. In order to determine to whom,
the property passes following the death of the intestate, it is crucial to know whether it is separate
property or coparcenary property.8

RELATIONSHIP BY BLOOD

FULL BLOOD/HALF BLOOD

Only blood relationships are recognized by the Indian Succession Act of 1925. While the Hindu
Succession Act prefers full blood to half blood and half-blood to uterine blood, it does not
differentiate between siblings who are full blood, half blood, or uterine blood.

UTERINE BLOOD

Uterine blood is recognized by the Indian Succession Act on an equal basis as full blood and half
blood. The HSA, on the other hand, does not acknowledge uterine blood and does not treat it on
a par with complete blood.9

8
Section 20 of The Indian Succession Act, 1925.
9
S.A Kedar, B.B Mitra The Indian Sccession Act, Eastern Law House, 14th Ed., (2006), New Delhi.

12
 RELATIONSHIP BY MARRIAGE

The partners' respective religions have a strong correlation with the variety of matrimonial laws.
There are different marriage rules for the many communities and religious groups that make up
India.

The only marriage-based relationships that are recognised by the Indian Succession Act are those
between a husband and a wife.

20 Prior to the Indian Succession Act of 1865 taking effect in January 1886, section 20 (2) states
that anyone who were not Hindus, Muslims, Buddhists, Sikhs, or Jainas were subject to English
Common Law. All prohibitions surrounding the possession and alienation of an English woman's
property apply to Europeans, Christians, Jews, Armenians, and Parsis.

The wife experienced significant difficulties when buying and selling both moveable and
immovable property during captivity. 21 S.4 of the ISA from 1865, which corresponds to S.20 of
the ISA from 1925, eliminated all such limitations and impediments. The presumption that a
husband and wife where one was dropped.10

However, the HSA acknowledged a marriage-based relationship. For instance, under the HSA,
the father's wife is given a share when the division is between the boys. Additionally, the widow
of a predeceased son receives a share under the HSA; however, because the ISA only recognises
blood links, the widow of a predeceased son is not entitled to an inheritance under the ISA.

MODE OF EVOLUTION

The 1956 Hindu Succession Act depending on whether the decedent was a male or female, offers
two completely different plans.11 In the event of a man, the property is divided into two
categories—separate and coparcenary. In the case of a Hindu female intestate, the property is
divided into three categories based on how it was acquired. As a result, three different plans were
implemented for a Hindu woman. Hindu male heirs are classified into four classes, each of
10
S.A Kedar, B.B Mitra The Indian Sccession Act, Eastern Law House, 14th Ed., (2006), New Delhi.
11
Sections 8-13 for a Male Hindu and Sections 15-16 for a Female Hindu.

13
which excludes the others. Female intestate heirs are divided into five groups, each of which
excludes the last two.

“If two or more heirs succeed jointly, they may inherit the property, provided that they do so as
tenants-in-common rather than joint tenants and as provided per capita rather than per sex. The
English and Roman concepts of inheritance are combined in the Indian Succession Act, 1925.
Regardless of the intestate's gender, a uniform plan is offered. Inheritance is the Relations by
affinity and determining factor for succession are not included in the list of heirs. The Hindu
Succession Act stipulates that in addition to consanguinity, there must also affinity.

The ISA de-recognizes adoption for inheritance purposes, and religious distinctions between the
heir and the intestate are irrelevant. According to proximity to the deceased, the preference of
succession is decided. As a result, the major heirs are the surviving husband and lineal
descendants. 26 Apart from the deceased person's surviving spouse, the other heirs are divided
into four groups under this law, each of which excludes the others.12

1. All lineal descendants of the deceased till any degree down below
2. The father
3. The mother, brother-sister and their children
4. The remaining kindred”

The surviving spouse receives an inheritance together with any of these four types of heirs.
These heirs are not disinherited by the husband; only their portions are affected. 13 Lineal
descendants are fully covered by the principles of representation.14

Part IV, which contains sections 23 to 28, contains provisions relating to consanguinity. The
entirety of this section is applicable to Europeans, East Asians, Eurasians, Jews, Armenians,
Indian Christians, and other people of Christian faith who are residents in India. Kindred or
consanguinity is defined in Section 24 as a connection or relationship between people who have
a common progenitor or stock. The relationship under consideration is one that results from a
valid marriage.

12
Poonam Pradhan, The Scheme of Inheritance under the Indian Succession Act: A Comparison with Islamic and
Hindu Laws‖, Islamic Comparative Law Quaterly, Vol II:2, 1982 at p 101.
13
With the lineal descendants the spouse takes 1/3 of the property, and with other heirs ½.
14
Sections 37, 40 and 44 of Te Indian Succession Act, 1925.

14
The same idea is conveyed by the phrase next of kin. It denotes the individual's closest blood
relatives. propositus in a line that goes up and down. 32 Lineal consanguinity is described in
Section 25. It is that which exists between individuals whose direct ancestors date back to the
Other, such as between the proposer and his father, grandfather, and so forth in a straight-ahead
ascending order line or between Propositus and each of his children (son, grandson, great-
grandson, and below) Declining graph. When a descendent is descended from through lineal
consanguinity or lineal descent, they are referred to as such.

Definition of collateral consanguinity in Section 26. Husband and wife do not share lineal or
collateral consanguinity; instead, they are connected via a line that is not a straight line. In the
event of lineal consanguinity, each generation, whether ascending or descending, counts as one
degree. When there is collateral consanguinity, it is customary to count from the decedent to the
common stock, then downward to the collateral relatives, allocating a degree to each person both
ascending and descending. In other words, the rule is to go back to the common ancestor by
adding the degrees in both lines. It should be emphasized that the propositus is to be disregarded
while calculating the degrees.

According to Section 27(a), relations on the mother's and father's sides are equally kindred and
hence equally entitled to success. The distinction between whole blood and half blood is
eliminated by clause (b). There is a distinction between related by full blood and relation by half-
blood under Section 18 of the HSA. However, there is no distinction between full blood and half-
blood relations under this provision. Children en ventre sa mere is regarded as existing at the
time of his father's death in accordance with Clause (c).

The intestate's property passes to the surviving spouse, children, or other members of the
deceased's family. The explanation attached to section 32 provides legislative effect to the
English law doctrine according to which a premarital agreement can legitimately prohibit a
widow's ability under the act of distribution to partake in her husband's personal property. The
agreement must be made before the wedding, not after. A legal pre-marital agreement will also
prevent the widow from inheriting a portion of her husband's fortune in the event that he passes
away intestate.

15
In contrast to the HSA, where one generation inherits per stripe and even within the same
generation, heirs receive varying shares, the ISA allows all lineal descendants to inherit
simultaneously. For instance, A does not have any offspring, but two of a deceased daughter's
sons and a deceased son's daughter do. The predeceased son's portion will go to his daughter
while the predeceased daughter's share will be divided into two equal parts and inherited by her
sons under the HSA. Under the ISA, all three of them will inherit equally. As a result, she will
receive half the estate, as opposed to the other grandchildren, who will each receive a quarter.

POSITION OF BROTHERS/SISITERS

The beneficiaries of the ISA appear to be the intestate's siblings and their offspring. They are
classified as class-II heirs, which is their position as brothers and sisters under the HSA. As a
result, they only receive inheritance when the class one heirs are absent.

The Indian Succession Act does not distinguish between cognates and agnates (wholly connected
through males) (wholly related through females). Agnates are favoured to cognates under the
HSA. 34 The discrepancy between agnates and cognates and the agency concept that were both
present in classical Hindu law have been largely preserved in current Hindu law.

AGNATES/COGNATES

The Indian Succession Act does not distinguish between cognates and agnates (wholly connected
through males) (wholly related through females). Agnates are favoured to cognates under The
HSA. 34 The discrepancy between agnates and cognates and the agency concept that were both
present in classical Hindu law have been largely preserved in current Hindu law.

16
 LINEAL DESCENDANTS

METHOD OF COMPUTING DEGREE OF KINDERED

The ISA and the HSA use different methods to calculate kinship levels. Every generation,
whether ascending or descending, counts as a degree under the ISA in cases of lineal
consanguinity. When there is collateral consanguinity, it is customary to count from the decedent
to the common stock, then downward to the collateral relatives, allocating a degree to each
person both ascending and descending.

Under the Indian Succession Act of 1925, lineal descendants up to the sixth degree inherit, but
there is no such need under the HSA. Under the HSA, descendants of any degree may inherit.

PROPOSITUS COUNTING

According to the ISA, the proposal is not included in the calculation. Whereas the propositus is
counted as the first under the HSA, the lineal ascendants and descendants’ degree

DIFFERENCE IN RELIGION

The Hindu Succession Act stipulates that only a Hindu may inherit from a Hindu, whereas the
Indian Succession Act of 1925 treats religious differences between the intestate and the claimant
as irrelevant. Therefore, the Act prevents someone from inheriting the estate of the intestate if
they change their religion and aren't saved by the Caste Disability Removal Act.

DISQUALIFICATION OF MURDERS

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According to both rules, an intestate murderer is ineligible to inherit due to public policy. The
legal doctrine that a murderer is ineligible to inherit from the victim's estate is well established.
Man cannot kill the giver and keep his bounty. A killer is not considered to be of fresh stock of
descent, therefore he or she has no right to the victim's assets.

CONCLUSION AND SUGGESTIONS

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“India is a nation with many different personal laws; each community has its own set.

The Indian Succession Act is more broadly applicable and more secular, but it is still not a single
piece of succession legislation. Although the 2005 Amendment gave women better rights under
the Hindu Succession Act, which is solely applicable to Hindus and has preserved ancient ideas
like Joint Hindu Property, it is still not gender neutral.

However, as demonstrated by our study, it is exceedingly challenging to determine laws when

there are numerous significant enactments on the Statute Books. It is time for India, despite its
diversity, to work toward a Uniform Civil Code that would apply to all Indians equally in the
question of Succession.”

BIBLIOGRAPHY

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 Books

1. Diwan Paras, Modern Hindu Law, Allahabad Law Agency, 19th Ed., (2008), Faridabad.
2. Dr Sebastian, Christian Law of Succession in India, Southern Publishers, Cochin.
3. Parashar Archana, Women and Family Law Reform in India, Sage Publications, (1992) New
Delhi.
4. Saxena Poonam Pradhan, Family Law Lectures-Family Law II, Lexis Nexis Butterworths,
Wadhwa,2nd Ed., (2010), Nagpur.

Articles

1. Poonam Pradhan, The Scheme of Inheritance under the Indian Succession Act: A
Comparison with Islamic and Hindu Laws‖, Islamic Comparative Law Quaterly, Vol II: 2,
1982.

Official Reports

1. Law Commission of India, One hundred and Tenth Report on The Indian Succession Act,
1925, Feb 1985

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