Principles of Inheritance:

The law of intestate succession is concerned with matters such as: who are the persons entitled to take the property i.e. who are the heirs; what are the rules of preference among the various relations.

A person, so long as he is alive, is free to deal with his property in any way he likes. He is, by making a will, free to lay down his own scheme of distribution of his property after his death.

 This is known as a testamentary distribution of his property after his death. If he dies without leaving a will,, it is the purpose of the law of inheritance to determine the persons who will take his property. In our contemporary world, someone must be the owner of the property, an, individual, corporate person or state. The law of succession is classified as under: Testamentary succession Intestate succession

 The law of intestate succession is more properly the law of inheritance. The law of inheritance consists of rules which determine the mode of devolution of the property of the deceased on heirs solely on the basis of their relationship to the deceased, while law of testamentary succession deals with the rules relation to devolution of property on relations as well as others.

 The Hindu succession act, 1956 received the assent of the President on 17.6.1956 and came into force on the same date. The present act is culmination of the movement of changing the ancient law of Hindus and is the third installment of the Hindu code amending and codifying the law relating to succession amongst Hindus. Rao's Committees Bill ----Hindu succession Act The act also contains the provision for regulating succession to the property of intestate governed by the Marumakkattayam, Aliyasantana or Nambudari laws of inheritance. The act under the principles of private International law, lex loci (local law) governs the matters relating to immovable property. The Act is not extended to the state of Sikkim. So, the old Hindu Law under which married daughters were not entitled to inherit the property of her father is still applicable there (refer case: Krishna Chander v. Bal Kumar, 1993 Sikkim 5)

The Hindu Succession Act, 1956

 Hindu succession Act 1956 An act to amend and codify, the law relating to intestate succession, among Hindus The Act consists of 31 Sections and 1 schedule and divided in to four parts:
Part I: Preliminary from sec 1 to sec 4 Part II: G eneral Principles of Intestate Succession from Sec 5 to 29 Part III: Testamentary Succession sec 3 0 Part IV: Repealed The Schedule- Heirs in Class I and Class II

General rules of succession of a Hindu male and female dying intestate under the Hindu Succession Act:

Preamble of the act states that the act is 'to amend and codify the law relating to intestate succession among Hindus'. This is an consolidating statute, the Act is to be interpreted as containing complete form of the whole body of law on the subject it deals. The main scheme of the Act is to establish complete equality between male and female with regard to property rights and the rights of female are declared absolute, completely abolishing all notions of limited estate.

 Apart from giving the women absolute right over property, a large number of female heirs are laid in the list of Class I heirs of a Hindu male. Out of 12 call I heirs, as many 9 are female heirs. (The daughter's son is a male but he also claims through his mother) and only three are male; son of a predeceased son of a predeceased son of a predeceased son.

APPLICATION OF THE ACT:

2.(1)Application of Act. 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 a follower of the Brahmo, Prarthana or Arya Samaj, (b) to any person who is a Buddhist, Jaina 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.
(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.

Succession under the act Testamentary succession (sec 30)

Intestate Succession (Chapter II)

Escheat (sec 29)

Succession to Hindu Male (sec 6, 8 to 13) Succession to Hindu Female (sec 15-16)

Succession to a Hindu Governed by Marumkkattayam and )Sec 7 & 17) Alyasantan Law

Relative

Full Blood

Child in womb

Instate (died without will)

Heirs

Branch wise and person wise succession

Uterine Right of Preemption
(to inform)

Death at the same time

Step Relation