New Chapter: Hindu Succession Act, 1956

Question: Briefly explain the salient features of the Hindu Succession Act,
1956.
Introduction: The law in these areas needed complete overhauling as
some of the legal provision under old textual law had become obsolete,
for example, the non-inclusion of female relative to inherit the property
and giving preference to the males. The law in this respect needed some
revolutionizing changes so as to recognize the long felt right of inheritance
of Hindu Females at par with males.
Object: The HSA 1956, has been passed to meet the needs of a progressive
society . It removes inequalities between men and women with respect to
rights in property and it evolves a list of heirs entitled to succeed on
intestacy based on natural love and affection rather than on religious
efficacy. The object of the Act is “to codify and amend the Hindu Law
regarding succession”.
Main Feature of the Act:
1. The Act applies to all Hindus.
2. The Act extends to the whole of India except the State Jammu and Kashmir.
3. The Act has abolished impartible estate and the special mode of is succession.
4. The Act does not apply to the property of a person who has contracted marriage
under the provisions of the Special Marriages Act, 1954.
5. The concept of coparcenary has undergone a change in the sense that succession to
coparcenary property was governed by rule of survivorship. In this rule the female
heirs did not have any place and the property, on the death of male heir, devolved
upon the rest of the male members of the coparcenary. Now under the Act the rule
of survivorship has been abolished. The act provides for four categories of heirs, the
first of which is class I heirs, which consists of eleven female heirs and five male
heirs.
6. The order of succession provided by the Act is based on the concept of love and
affection. The rule of preference based on right to offer pinda or propinquity of
blood has been discarded by the Act.
7. The Act entitles even remotest agnate or cognate to be the heir. The order of
succession of agnates or cognates, as the case may be, is according the degrees.
(Section 13)
8. The Act makes no distinction between male and female heirs.
9. The Act has repealed provision of different Act relating to succession under
Matriarchal system prevailing in the south. (Section 7)
10.The Act has dispensed with the rules of succession prevailing under Mitakshara and
Dayabhaga law, and provided a uniform code for determining rule of succession.
11.The Act has abolished Hindu women’s limited estate and made her absolute owner
of the property even with regard to properties under their lawful possession of the
commencement of the Act. (Section 14).
12.The Act has provided uniform order of succession also with respect to the property
of female Hindu. If a woman dies intestate, her children would become her first
heirs followed by her husband and her parents. In the absence of any issue,
property inherited from her father would revert to his family and property inherited
from her husband or father-in-law will revert to husband’s heirs. (Section 16 & 17)
13. The full blood shall exclude the half blood where the relationship is the
same in other respects. (Section 18).
14. Where two or more heirs succeed to the property of an intestate, they
shall take their share per capita and not per stripes and as tenants-in-
common and not as joint tenants.
15. The right of child in womb at the intestate’s death and subsequently born
alive, shall relate back to the date of intestate’s death. (Section 20)
16. Where property of an intestate devolves upon two or more heirs and any
one of such heirs proposes to sell or transfer his or her interest, the other
heirs shall have a preferential right to acquire the interest proposed to be
transferred i.e., the Act recognizes the so-called right of pre-emption.
(Section 22)
17. Where property of an intestate devolves upon two or more heirs and any
one of such heirs proposes to transfer his or her interest, the other heirs
shall have a preferential right of residence in her father’s home (section
23). By this amending Act, Section 23 of the Act has been omitted.
18. Murderer is not entitled to succeed to the property of person murdered.
19. A convert’s descendants have been disqualified form inheriting the property of their
Hindu relatives. (Section 26). It is interesting to note that under the Act the convert has
not been disqualified but it is only his descendants who are excluded from inheritance.
20. The disqualified heir is treated as one who had predeceased the intestate. (Section 27).
21. Disease, defect or deformity is now not any ground of exclusion from inheritance under
the Act. (Section 28).
22. Unchastity is no longer a ground of exclusion from inheritance on the part of woman.
23. The Act entitles a male or female Hindu to dispose of his or her interest in a Mitakshara
coparcenary property by will. (Section 30).
24. The right of illegitimate children to succeed to their mother’s property has been
reserved and recognized but not to the father’s property. On the other hand the
illegitimate son of a person by a continuously kept concubine in not recognized under the
present Act.
25. According to Section 4, all existing laws, texts, customs, and usages which are
inconsistent with the Act, are repealed by the Act.
26. One of the most important features of the Act is that right of Hindu
female to inherit property has been fully recognized and she has
been made entitled to a share equal to the male heirs. Women’s
limited estate has been abolished ad whatever property has been or
shall be inherited by a Hind female will be or shall be her absolute
property . The Act has given an important place to Hindu females in
the classification of heirs.
Question: enumerate the important changes brought by Hindu Succession Act and
the amendment act, of 2005.
Salient features of the Hindu succession (Amendment) Act, 2005
1. Before the amendment Act of 2005, according to Section 6 of the Act, son had
independent birth right in joint family property as a coparcener and daughter
cannot be coparcener. From the commencement of the Hindu Succession
(Amendment ) Act, 2005 with reference to joint family governed by Mitaksharara
law, the daughter becomes coparcener by birth and has all rights in the same
manner as the son. She has the same rights and liabilities in the said
coparcener’s property as that of a son. Now, any reference to Hindu Mitakshara
coparcener will be deemed to include reference to a daughter of a coparcener.
However , this section will not affect any disposition or alienating including any
partition or testamentary disposition of property that took place before 20th
December 2004. The Hindu Succession Act, 1956.
2. It was also provided that after the commencement of Amendment Act, if a Hindu
dies having interest in the joint family property governed by Mitakshara law, it
shall devolve by testamentary or intestate succession under this Act and not by
Survivorship and coparcenary property shall be deemed to have been divided as if the
partition had taken place. The daughter is allotted same share as allotted to a son.
The share of pre-deceased son or a pre-deceased daughter is given, as they would
have got, had they been alive at the time of partition. Thus complete justice is sought
to be extended in so far as daughter is concerned as a heir.
3.The Hindu succession Act, 1956 does not contain any provision relating to the
obligation of sons for recovery of any debt contracted by his ancestors, but after the
commencement of the Amendment Act, no court shall recognise any right to proceed
against a son , grandson or great grandson for the recovery of any debt due from his
father, grandfather or great-grandfather solely on the ground of the pious obligation
under the Hindu law. However, in the case of any debt contracted before the
amendment Act, 2005, nothing contained in this Amendment Act shall affect:
(a) the right of any creditor to proceed against the son, grandson or great
grandson, as the case may be: or
(b) any alienation made in respect of or in satisfaction of , any such debt, and
any such right or alienation shall be enforceable under the rule of pious
 obligation in the same manner and to the same extent , as if it would
have been enforceable as if Hindu Succession (Amendment ) Act, 2005
had been enacted.
Before the Amendment of the Hindu succession Act, 1956, it contained the Class I
heirs( List I Schedule) of a Hindu male which includes the children of predeceased
children, but these are recognized up to two generations for predeceased sons
and up to one generation for predeceased daughters. After the amendment in
2005, the schedule modified to include as class I heirs the children of predeceased
children going down to two generations for both sons and daughter. For Example:
“ sons of a pre-deceased daughter of pre-deceased daughter; daughter of a pre-
deceased daughter of a predeceased daughter; daughter of a pre-deceased son
of a predeceased daughter; daughter of a pre-deceased daughter of a pe-
deceased son.”
4. before enacting the Hindu Succession(Amendment ) Act, 2005, according to
section 23 of the Hindu succession Act, 156 , no female heir can claim
 partition in a dwelling house wholly occupied by members of the
deceased’s family, until the male heirs chose to divide their respective
shares while daughter only had rights of residence and only if unmarried
or deserted, separated or widowed. But now after the amendment Act of
2005, daughter whether married or unmarried have the same rights as
sons to reside in and to claim partition of the parental dwelling house.
5. Before enacting amendment Act, 2005, according to Section 24 of the
Hindu Succession Act, 1956 any heir who is related to an intestate as the
widow of a pre-deceased son, the widow of a pre-deceased son of a
predeceased son or the widow of brother shall not be entitled to the
property of the intestate and such widow, if on the date the succession
opens, has remarried. By the Amendment Act, 2005, Section 24 of the
Act is omitted. The mentioned categories of widows can inherit even if
they have remarried.
S. notes: 1. ‘Per stripes and ‘Per capita’ Succession (Dontrine of Representation)
Heirs of the same relationship with the deceased take the property in the form of
per capita succession, which means , the property is divided into as many shares as
the number of heirs and they take one share each.
For Example: if a male Hindu dies leaving three sons and four sons through another
brother, the property shall be divided into 8 parts each son getting one share.
In case Per Stries, the divided property or self acquired or absolute property,
division shall be according per stripes concept , where the doctrine of
representation would apply.
For Example : A make Hindu dies leaving a son , four grandsons through a
deceased son and three great grandsons through a deceased grandsons of deceased
son. The heirs may divide the property into three equal parts. One part will go the
son: the second part will be shared by the four grand sons through a deceased son
and the third part shall be shared equally by the three great grand sons.
2. Joint Tenancy and tenancy in Common under Hindu Law
Joint Tenancy:
It is a special form of ownership by two or more persons of the same
property. The persons are called joint tenants. They share equal ownership of
the property and they have equal and undivided right in the property . Thus ,
joint tenancy creates a ‘Right of Survivorship’ .
In joint tenancy, if any one of the joint tenants dies, then the property goes
to the survivors. For example Y and Z are joint tenants and if X dies, the
property goes to Z.
Tenancy in Common:
When two or more persons have equal ownership interest in a property, it is
called tenancy in common. After a person's death, his share of the property
goes to his legal heirs and not to the other surviving owner.
For Example, if X and Y are tenants in common. After the death of X his legal
heirs take his share and Y cannot get the share by survivorship.
3. Agnate and Cognate
Agnate means a person related by blood, or adoption, but wholly
through male.
Whereas cognate means a person related by blood, or adoption, but not
wholly through males.
the agnatic relation may be male or female . So is the case with cognatic
relation. Where a person is related to the deceased through one or more
females, he or she is called a ‘cognate’. Thus daughter’s son or daughter
or sister’s son or sister’s daughter, mother’s brother’s sons, etc., are
cognates, whereas one’s father, grandfather, etc in the ascending line;
father’s brother’s son etc., in the collateral line; or son, grandson's in
descending line are agnates.
4. Spes Successionis:
it means ‘expectation to succeed. According to Section 6 of the Transfer of
Property Act 1882, Spes successionis in not transferable.
5. Heir:
It means any person male or female , who succeeds to the property of an intestate
under this Act. The term “Heir’ is contrary to reversioner. Reversioner had only a
chance of succession, Heir, on the other hand, is that person, male or female who
has immediate right to inherit the properties of a deceased dying intestate.
There is a well defined category of relations for a deceased who are deemed to be
his or her heir. Other relations who are not included in that category, are not
entitled to inherit.
6. Intestate:
A person is deemed to die intestate in respect of property of which he or she had
not made a testamentary disposition (will). A person may dispose of his property
by testamentary disposition.
 The property then devolves according to the terms of the will. But where
a person dies leaving his property without executing any testament or
will, devolution of the property will be governed by the rules of
inheritance as given in this Act.
Devolution of interest In Mitakshara coparcenary Property
The Mitakshara recognises two modes of devolution of property, namely
survivorship and succession. The rule of survivorship applied to joint –
family property. The rule of succession applied to property held a
separate and self-acquired property by the last owner or member of joint
Hindu family. Therefore, whenever a question regarding the devolution
of property belonging to coparcenary arises, a distinction must always be
drawn between ancestral and non-ancestral property.(separate and self-
acquired).
Section 6 of the Act as it stood before the Hindu Succession (Amendment)
Act 2005
Original Section 6 of the Act provided, “when a male Hindu dies after the
commencement of this Act, having at the time of his death, an interest in a
Mitakshara coparcenary property, his interest in the property shall devolve
by survivorship upon the surviving members of the coparcenary and not in
accordance with this Act:
Provided that if the deceased had left him surviving a female relative
specified in Class I of the Schedule or a male relative specified in that class
who claims through such female relative, the interest of the deceased in the
Mitakshra coparcenary property shall devolve by testamentary or intestate
succession, as the case may be under this Act and not by survivorship.
Illustrations:
1. A and B , two brothers, form a coparcenary,. A dies leaving behind a
widow. On his death. A’s share in the coparcenary will devolve on his
widow and will not pass to B by survivorship.
2. A and B, brothers, form a coparcenary. A dies leaving behind his widow W, brother B, a
daughter D, and mother M. A’s share on partition immediately before his death will
come to 1/3(B = 1/3 , M + 1/3 and A + 1/3) A’s one-third share will devolve in
accordance with this Act i.e., in accordance with Section and will not pass to B by
survivorship because widow and daughter are the relatives of Class I.
if in the illustration above if A dies leaving behind him not a daughter D but her
(D’s) sons, D having pre-deceased A, A’s one third share will pass by succession to his heir.
The reason is that a heir claiming through a female heir, both specified in Class I of the
Schedule survives the deceased.
In Intestate succession , the Act expressly debars a person, who has divided from the
coparcenary and has taken his share their, from once again claiming a share in the
coparcenary property on the death of his father, and undivided son will take it to the
exclusion of divided son. For Example:
X has three sons- A, B, and C, and they all constitute coparcenary. A demands partition in
the coparcenary property. A would take 1/4 share and severe himself from coparcenary. If
X dies leaving behind his widow and the above sons, then according to Section 6, as A has
already separated from coparcenary, the share of X, i.e., ¼ , shall devolve upon B, C and the
widow equally. A will not get anything as he had become separated before the death of X.
Section 6 of the Act, after the Hindu Succession (Amendment ) Act, 2005
The Hindu (Amendment) Act, 2005 which came into force on 9 th
September, 2005 has substituted the original section 6 of the Hindu
Succession Act and has introduced far-reaching changes in the concept of
the Mitakshara coparcenary. The substituted Section 6 of the Act reads as
follows:
After the commencement of this Amendment Act 2005. In a Joint Hindu
family governed by the Mitakshra Law , the daughter of a coparcener
shall:
(a) By birth become a coparcener in her own right in the same manner as
the son.
(b) Have the same rights and liabilities in respect of the said coparcenary
property as she would have had if she had been a son:
and any reference to a Hindu Mitakshara shall be deemed to include
a reference to a daughter of a coparcener:
 Before this Amending Act, Mitakshara coparcenary consisted of a male
members only Now, daughter of a Mitakshara coparcener has also been
made a coparcener. By creating equal rights like a son in coparcenary
property has removed the gender discrimination between son and
daughter. It brings law in conformity with Article 14 and 15 of the
constitution. The principle of survivorship has been abolished by this
Amending Act and a Mitakshara coparcenary would be divided after the
death of a coparcener.
Provided that nothing contained in this Sub-section shall affect or
invalidate any disposition or alienation including any partition or
testamentary disposition of property which had taken place before the
20th day of December, 2004.
Questions: 1. Narrate the rules as to the succession of the property of a male under
Hindu Succession Act, 1956.
2. Who are class I heirs? Explain the rules of distribution of property between class I
and II heirs?
the Act deals with the different rules of succession in connection of the devolution
of property, belonging to a male and to a female . Section 8 to 13 deals with rules of
succession in connection with the separate property of a male Hindu, dying intestate.
Section 15 and 16 deals with the devolution of the property of a female Hindu,
dying intestate.
Succession to property of males: Section 8 of the Act lays down general rules of
succession in the case of male dying intestate Succession opens at the time of death
of the person whose property is to be succeeded. And the Act applies to cases of
succession which opens after the Act came into force. The property of a male Hindu
dying intestate devolved firstly to heirs in clause(1) which include widow and son.
The section divides the heirs of a male for the purposes of inheriting the property
into four classes. These are:
(1) Heirs mentioned in Class I Heirs of the Schedule. If there is no heirs
in Class I then to
(2) Relatives mentioned in class II of the Schedule. . If there is no heirs in
Class II then to ,
(3) Agnates of the deceased. If there are no Agnates then, to
Cognates of the deceased.
(4) On failure of heirs qualified to succeed under the Act, the property of
the intestate shall devolve on the government (Section 29).
Section 6 is applied to the devolution of coparcenary property of a male
Hindu who dies after the commencement of the Act. Section 8 applied to
the devolution of a self acquired property of male Hindu. The provisions
of section 8 are , not retrospective in operation. That is, Where the
succession opened before the Act, Section 8 will have no application.
Class I heirs:-
The property of a Hindu Male dying intestate would be given first to heirs within
Class I. They are:
i. Mother,
ii. Widow,
iii. Daughter,
iv. Son,
v. Widow of a predeceased son,
vi. Son of a predeceased son,
vii. Daughter of a predeceased son,
viii. Widow of a predeceased son of a predeceased son,
ix. Daughter of a predeceased son of a predeceased son,
x. Son of a predeceased son of a predeceased son,
xi. Daughter of a predeceased daughter, and
xii. Son of a predeceased daughter.
Some new heirs are added to Class I heirs, by Hindu Succession (Amendment) Act,
2005. They are:
i. Son of a predeceased daughter of a predeceased daughter,
ii. Daughter of a predeceased daughter of a predeceased daughter,
iii. Daughter of a predeceased son of a predeceased daughter, and
iv. Daughter of a predeceased daughter of a predeceased son.
Class II heirs and their shares:
If there are no heirs in Class I, the property will given to the heirs within Class II.
They are divided into nine categories. The rule is that an heir in an earlier category
excludes heirs in later category. Further all heirs in one category take
simultaneously per capita share. They are as follows:
1] Category I -
a) Father.
2] Category II -
a) Son’s daughter’s son.
b) Son’s daughter’s daughter.
c) Brother.
d) Sister.
3] Category III -
a) Daughter’s son’s son.
b) Daughter’s son’s daughter.
c) Daughter’s daughter’s son.
d) Daughter’s daughter’s daughter.
4] Category IV -
a) Brother’s son.
b) Brother’s daughter.
c) Sister’s son.
d) Sister’s daughter.
5] Category V -
a) Father’s father.
b) Father’s mother 6] Category VI -
a) Father’s widow. [Step mother].
b) Brother’s widow.
7] Category VII -
a) Father’s brother.
b) Father’s sister.
8] Category VIII -
a) Mother’s father.
b) Mother’s mother.

9] Category IX –
a) Mother’s brother.
b) Mother’s sister.
The rule of share in Class-II heirs is that each will take per capita including
widow.
3. Agnates and Cognates
4. Government.
Amendment Act 2005
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.
I. Distribution of property among heirs in Class I of the Schedule:
Section 10 of the Act defines the share which the heirs in Class I of the
Schedule shall get even though they take simultaneously. Section 10 lays
down four rules regarding the distribution of property. Section 10 reads
as follows:
Rule-1, the intestate's widow, or if there are more widows than one, all
the widows together, shall take one share.(equal to that of a a son or
daughter)
Rule-2 the surviving sons and daughter and the mother of the intestate
shall each take one share.
Rule- 3 the heirs in the branch of each pre-deceased son or each pre-
deceased daughter of the intestate shall take between them one share.
Rule -4 the distribution of the share referred to in rule-3
(i) among the heirs in the branch of the pre-deceased son shall be so made that his
widow and the surviving sons and daughter get equal portion and the branch of his
pre-deceased sons get the same portion.
(ii)Among the heirs in the branch of the pre-deceased daughter shall be so made that
the surviving sons and daughters get equal portions.
Illustrations:
1. A dies leaving a mother, two widows, three sons and three daughter. Two widows
together take one share and each son and daughter and mother shall take one
share. So there are 8 shares. Each son, daughter and mother and widows together
shall take 1/8 of the property.
2. A Hindu dies intestate leaving a widow. The widow will take the whole. If more
than one widow , both together will take the whole, as that each widow will take
half and half.
The rule makes no distinction between an adopted son and subsequently
born aurasa son. Each of them is entitled to one share and the old rue of Hindu Law
that adopted son takes less share than after-born son is over-ridden by section 4 of
the Act.
Rule 3 expressly provides for the exception that heirs of the deceased in the
branches of predeceased sons and pre-deceased daughters take not per capital
but per stirpes.
Illustration
A dies, survived by a widow, W, and a son S, three grandsons of a pre-deceased
son SS, a daughter D, two granddaughter of a pre-deceased daughter DD. W and
S and branch of the deceased son and deceased daughter take 1/5 share and each
daughter’s daughter gets 1/10th share and the sons and daughter of pre-deceased
son SS will together take 1/5 which will be equally divided among GS1, Gs2 and
Gs, and each will get 15 share.
II. Distribution among the Heirs in Class II:
According to Section 8(b) heirs in Class II in the Schedule succeed only in the
absence of any heirs in Cass I. Heirs in Class II are divided into nine groups, each
group is mentioned in a separate entry in the Schedule. Section 9 lays down that
heir in the first entry is preferred to heirs in the second entry, and heirs in the
second entry are preferred to those in the third entry and so on in the succession.
Section 11 which regulates the distribution of property among heirs in Class II of the
Schedule which say that, “ property of an intestate shall be divided between the heirs
specified in any one entry in Class II of the Schedule so that they share equally.”
Thus , when there is only one heir in the entry preferred, he or she alone shall take the
whole of the estate but when there are more heirs than one, in the entry preferred, then
all such heirs shall take equally and the heirs related to the intestate by full blood shall be
preferred to heirs related by half blood.
1.A, a male Hindu dies leaving behind father, brother and sister’s daughter. Father gets the
whole property , as heir I Entry I of the Class II and he excludes the brother and sister’s
daughter, who are in Entry II and IV, respectively .
Where a person dying intestate does not have Class I heirs and leaves behind him
brother by half blood and a sister by full blood. In such case the sister by full blood would
exclude the brother by half blood. Thus sister by full blood alone would inherit the
property exclusion the brother by half blood.
2. A Hindu dies leaving his son, a daughter, mother and father, son, daughter and mother
each will take 1/3 to the exclusion of father, who is heir of Class II.
 It may be noted that the father’s widow and brother’s widow who were not heirs
under the Mitakshara Law, are now recognized as heirs and are given a high place in
the order of succession. Similarly the persons mentioned in Entries II, III and VIII and
IX and the relatives, brother’s daughter, sister’s daughter and father’s sister who
could inherit only as Bandhus after all the agnates are exhausted, are now placed
high in order of succession.
Order of Succession among Agnates and Cognates: Section 12 of the Act lays down
rules of preference determining the order of succession among agnates and cognates
. Section 12 runs as follows:
“the order of succession among agnates or cognates as the case maybe, shall be
determined in accordance with the rules of preference laid down hereunder:
Rule 1 – of two heirs, the one, who has fewer or no degrees of ascent is preferred.
Rule 2- Where the number of degrees of ascent is the same or none, that heir is
preferred who has fewer or no degrees of descent.
Rule- 3 Where neither heir is entitled to be preferred to the other under rule 1 or
Rule 2, they take simultaneously.
 Rules in this section do not determine the order of priority between an
agnate and a cognate, for a nearest cognate relation of the intestate is
excluded by his remotest agnate relation.
No preference on the ground of sex. A male heir cannot be preferred to a
female heir solely on the ground of sex. The equality between a female
and a male is maintained.
Devolution of Property of a Hindu Female
Questions:
1. Narrate the rules of succession of the property of a Hindu
female, Under Hindu Succession Act 1956?
2. Discuss the changes brought out before and after passing the Hindu
Succession Act, 196 in respect of the property rights of the female
heirs.
3. Show the mannerism the estate would devolve on the heirs when a
female Hindu dies after the commencement of the Hindu succession
Act.
4. “the rights of a female Hindu are enlarged under the Hindu
Succession Act, 1956”. Discuss
 Devolution of Property of a Hindu Female
Under the Hindu law, before the commencement of the Act, separate rules
existed for the devolution of a women's property. Prior to the Act a female
Hindu possessed two kids of property (1) Sreedhana (2) Hindu woman’s
Estate. Over stridhana, she had full ownership and on her death it devolved
on her heirs. With regard to the property which she acquired as women’s
estate, her position was that of owner but her power of alienation was
limited. On her death, such property devolved not on her own heirs but
upon the next heirs of the last full owner. But now section 14 of the Act
abolished the Hindu woman’s estate and confers on the woman the absolute
ownership over all her property howsoever acquired by her.
Section 14 of the Act runs as follows:
Section 14 – “(1) Any property possessed by a female Hindu whether
acquired before or after the commencement of this Act, shall be held by her
as full owner thereof and not as a limited owner.”
 Section 14 of the Act contains revolutionary provisions in respect of
Hindu woman’s proprietary rights and is a step towards gender justice.
The expression “ any property possessed by a female Hindu “in
Section 14 means “any property owned by a female Hindu” at the date f
the commencement of the Act, and, these words are prospective in their
application. Any property “acquired before” the commencement of the
Act shall be the absolute property of the female, provided it was in her
possession at the date of the commencement of the Act. The
expression “ whether acquired before or after the commencement of
this Act shows that section is operative retrospectively. Such property
will be held by her as full owner.
To make the Act retrospectively applicable, the female Hindu must
be in possession in question. If the woman had ceased to be in
Possession prior to the Act, this section can have no application.
Thus where a Hindu widow was entitled to maintenance only before
the commencement of the Hindu Succession Act 1956, and she was not in
possession of that property taken over such maintenance she does not
acquire absolute ownership. Section 14(1) does not apply to such
property. But if the very property of which she is entitled to get
maintenance is in her possession, such property becomes her absolute
property within the meaning of Section 14(1) of the Act. Acquisition of
any property by way of gift in lieu of maintenance would also render it as
her absolute property. It covers both movable and immovable properties.
In another case ,the SC held that where a widow was in possession of a
property when this Act came into force, her limited estate would be
enlarged into absolute right which ,upon her death, would be inherited by
her children.
Before the passing of the Hindu Succession Act. 1956, a female possessing
property as limited estate could alienate the property, only for legal necessity. If
she had transferred the property without such necessity, the transfer can be
declared to be invalid. But after passing of this Act, it seems such property are
not in her hand anymore so obviously she cannot take the advantage of the Act to
be called as full owner.
Before passing of the Act any property inherited by widow through the
deceased husband dyeing issueless, then she has to hold the property till her
death as limited owner, cannot alienate or gift the property to anybody, but can
only be in possession of it till her death and after that, the property will pass on to
the heirs of the last full male coparcener of the Hindu undivided family.
Section 14(2) –Restricted estate: As per the Hindu Succession Act 1956, the rule
that the property howsoever acquired by a female Hindu shall be her absolute
property but it is subject to provision of sub-section (2). In Shivdev Kaur (Dead)
by LRs v. R.S.Grewal, AIR 2013, SC observed that section 14(2) of the Hindu
Succession Act carves out an exception to rule provided in sub-section(1) thereof.
This sub-section clearly provides that if a property has been acquired by a Hindu
female by a will or gift, giving her only a life interest, it would remain the same even
after the commencement of the Hindu Succession Act 1956 and such Hindu female
cannot acquire absolute title. According to this sub-section the woman does not
become the absolute owner of the property acquired by gift, will or any other
instrument, decree or order of a Civil Court or an award if such gift , will instrument ,
decree, order or award gives her only restricted right.
Wherefore in the above said case the Apex Court concluded that Section 14(2) of
the Hindu succession Act carves out an exception to the rule provided in sub-section
(1) therefore. If a property has been acquired by a Hindu Female by a will or gift giving
her only a life interest, it would remain the same even after the commencement of the
Hindu Succession act and such a Hindu female cannot acquire absolute title.
Illustration: A Hindu possessed certain self-acquired property, before his death he by
registered deed of gift, gifted ½ of the property in favour of his daughter,. The gift deed
did not mention anything about the restrictive right. After this Act, the daughter has
now become the absolute owner thereof.
Rules of Succession to the property of females: Section 15 of the Act prescribes the General
Rules of Succession of the property of a female dying intestate and Section 16 lays down the
order of Succession.
Section 15 runs as follows: “Section 15 - (1) the property of female Hindu dying intestate
shall devolve according to the rules set out in section 16 -
(a) Firstly, upon the sons and daughter(including the children o any predeceased son or
daughter) and the Husband;
(b) Secondly, upon the heirs of the husband;
(c) Thirdly, upon the mother and father;
(d) Fourthly, upon the heirs of the father; and
(e) Lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in Sub-section(1)-
(f) any property inherited by a female Hindu from her father or mother shall devolve, in the
absence of any son or daughter of the deceased (including the children of any pre-
deceased son or daughter) not upon the other heirs referred to in sub-section(1) in the
order specified their in, but upon the hers of the father; and
 that means that, the property which a women inherited from her parents , in the
absence of children , on her death, the property will revert back to the parents or in
their absence to the heirs of parent.
(b) Any property inherited by a female Hindu from her husband or from her father-in-
law shall devolve , in the absence of any son or daughter of the deceased(including the
children of any pre-deceased son or daughter) not upon the other heirs referred to in
sub-section (1) in the order specified therein, but upon the heirs of the husband.
Section 15 does not apply to that property which held by a Hindu female with
restricted rights at the time of her death.
The word ‘son or ’daughter’ of the deceased in Section 15(2)(b) of the Act can only
mean a son or daughter of the female, dying intestate, born to her from any husband,
former or later. The definition includes even illegitimate children. But it des not
include step-children. Who will not be able inherit their step mother.
In Lachman Singh v. Kirpa Singh, AIR, 1987, the Supreme Court held that in absence
of heirs mentioned in section 15(1)(a) the heirs mentioned in clause (b) of Section 1(1)
succeed. Among the heirs of clause (b) will come the step-son of the Hindu female as
her husband’s heir. It is obvious tht in presence of a son, step son cannot inherit.
Section 16: Order of Succession - Section 16, of the Hindu Succession Act
prescribes the order of succession and manner of distribution among the heirs
of a female Hindu, whereas Section 15 merely enumerates the heirs of a Hindu
female and does not deal with the distribution of the property between the
heirs or the order of succession among them. Section 16 runs as follows:
“Section 16 – the order of succession among the heirs referred to in section
15 shall be, and the distribution of the intestate’s property among those heirs
shall take place, according to the following rules, namely:
Rule 1 – Among the heirs specified in sub-section (1) of Section 15 those in one
entry shall be preferred to those in any succeeding entry, and those included in
the same entry shall take simultaneously.
Rule 2- if any son or daughter of the intestate had pre-deceased the intestate
living his or her own children alive at the time of the intestate’s death, the
children of such son or daughter shall take between them the share which such
son or daughter shall have taken if living at the intestate’s death.
Rule 3 – The devolution of the property of the intestate on the heirs referred to
in clause (b), (d) and (e) of sub-section (1) and in sub-section(2) of section 15
shall be in the same order and according to the same rules as would have applied
if the property had been father’s or the mother’s or the husband’s as the case
may be, and such person had died intestate in respect thereof immediately after
the intestate’s death.
Illustration: If Hindu female dies intestate leaving behind her husband, a
daughter, a son, two grandsons and grand-daughter by a predeceased son, a
grandson and grand-daughter by pre-deceased daughter, then all the heirs being
included in clause (a) of section 15 will take simultaneously and to the exclusion
of all other heirs of the Hindu female as laid down in rule 1. the property will be
divided not 5 equal shares and the husband, and the Son S1 and Daughter D1
will each take 1/5 share of the property. According to rule 2 the grandson S3
and S4 and grand-daughter D3 will take per stripes, tht is the share falling to S2
divided into three and not per capita, so each will take 1/5th share of property.
Similarly S5 and D4 ill each take 1/10 of the share of the property.
Who are Heirs?
Sub-Section (1) of Section 15 divides heirs of a Hindu female into five
categories(Entries). The general rule is that heirs in an earlier entry exclude
heirs in latter entries . If there are no heirs in any of these entries, property of
the deceased Hindu female goes to the government ‘
(1) Heirs in the first entry:
(a) Sons.
(b) Daughter.
(c) Children of pre-deceased son.
(d) Children of pre-deceased daughter.
(e) Husband.
(2). Heirs in the second entry: Heirs of the husband of the female dying
intestate come under second entry. The heirs of the husband are:
(a) Heirs of the husband specified in Class I of the Schedule.
(b) Heirs of the husband specified in Class II f the Schedule.
(c) Agnates of the husband ,
(d) Cognates of the husband.
(3) Heirs in the Third entry: Mother- it does not include step-mother but
includes natural as well a adoptive mother.
(e) Father ‘Father’ does not include step-father But it includes natural or
adoptive father.
(4) Heirs in the fourth entry- Heirs of the father of the female dying intestate
come under this entry. The heirs of the father are:
(a) Heirs of the father specified in Class I of the Schedule.
(b) Heirs of the father specified in Class II of he schedule.
(c) Agnates of the father.
(d) Cognates of the father.
(5) Heirs in the fifth entry: Heirs of her mother come under this entry.
Her heirs are:
(a). Sons, daughter of the mother including sons and daughter of a pre-
deceased son and daughter, and husband.
(b) Heirs of husband of the mother.
( c) Father and mother of the mother.
(4) Heirs of father of the mother.
(5) Heirs of mother of the mother.
Illustration: A female Hindu inherited the property from her husband. She
died intestate leaving a step-son, a co-widow, a step-daughter, father and
mother. The property will go to step-daughter, and co-widow in equal
proportion in exclusion of father and mother.
The points to be remembered here is :
1. Hindu Succession Act applies to castes in Hindus , it does not make
any discrimination between different castes of Hindus including
Sudras.
2. Under a void marriage , the spouse will not have any right to inherit
the property of the other spouse even In case of their death.
3. According to section 16 of the Hindu Marriage Act, 1955 says that
the children , born out of the void and voidable marriage are
legitimate and they will inherit from their own parents only and not
from their relations.
4. The expression used under (a) of Section 15(1) ‘son’ and ‘daughter’
have been used in a very wide sense. They include son and
daughter by natural birth, legitimate or illegitimate, adopted or
posthumous children.
5. Section 20 – provides that, “A child who was in the womb at the time
of the death of an intestate and who is subsequently born alive shall
have the same right to inherit to the intestate as if he or she had been
born before the death of the intestate, and the inheritance shall be
deemed to vest in such case with effect from the date of the death of
the intestate.”
6. The Act mentions certain disqualification which debar certain heirs
who are under such disqualifications, in succeeding to the property of
the intestate. These disqualifications are:
(1) disqualifications arising from murder(Section 25).
(2). Disqualification arising from conversion (Section 26)
Section 25 – “A person who commits murder or abets the commission of
murder shall be disqualified from inheriting the property of the person
murdered, or any other property in furtherance of the succession to which
he or she committed or abetted the commission of the murder.
(2) Conversion: section 26 prescribes disqualification of descendants of a
Hindu, converted to another religion.
Section 26 reads as follows:
“where, before or after the commencement of this Act a Hindu has
ceased or ceased to be a Hindu by conversion to another religion, children
born to him or her after such conversion and their descendants shall be
disqualified from inheriting the property of any of their Hindu relatives,
unless such children or descendants are Hindus a the time when the
succession opens”.
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