Hindu Succession Act 2005 Pdf Download NEW!

The Hindu Succession Act, 1956 is an Act of the Parliament of India enacted to amend, codify and secularize the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs.[1] The Act lays down a uniform and comprehensive system of inheritance and 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. Parts of this Act was amended in December 2004 by the Hindu Succession (Amendment) Act, 2005.[2]

Women in India and other countries have battled for centuries to obtain their most fundamental rights. The right to property is one such privilege. It was assumed that the daughter would eventually be married and move to a different home in ancient Hindu society. Therefore, only the male Hindu family members would receive a share in the event of a partition or split of property. Women would only get property during marriage (Streedhan) and other auspicious occasions at public events. Women were not awarded a piece of the property because they had no other source of income. This nation follows Hindu law. But it also introduced some abnormalities, such as uncodified Hindu law. The question arises and observation are, According to Hindu Mitakshara law, women are not coparcenary; are, as a result, not granted any rights to the coparcenary property, with the exception of those set forth in Section 6 of the Hindu Succession Act, 1956. A stranger who is adopted into a family becomes a cohabitant, while a daughter who is born into the family does not. She just qualifies for upkeep.

The Vedic literature stipulated that both a married daughter without brothers and an unmarried daughter should inherit. The sisters' daughters, nonetheless, were not granted inheritance rights. The prevailing belief in Hindu culture at the time was that females who had brothers were not entitled to a share of the wealth. In the Vedic era, the husband and woman were regarded as co-owners of the home and, consequently, of its possessions. This shared ownership idea merely assisted the wife in achieving a few small rights and benefits, such as sharing in money and having adequate maintenance supply. It did not, however, guarantee that she would possess the property on an equal footing with her husband. The woman's status diminished over time as the idea of private property developed. Her physical incapacity and other shortcomings, such as those relating to performing religious rites and ceremonies, provided justification for the assignment to her, status was inferior.

In the combined family, the situation for women was far worse. She was thought to hold a much lower position inside the joint family. A woman, when it comes to succession, The Mitakshara shared family property could not be passed on to her, whether she was a wife, widow, mother, daughter, or sister. She just had a right to maintenance. The widow and daughter of a deceased brother were not included in the group of undivided brothers and their sons; they simply had a claim to support and were at the mercy of the living brothers. They were rarely able to enforce even their maintenance rights against rebellious brothers due to their helplessness. In some areas, the Indian Constitution has given Indian society additional dimensions. Article 13 of the Constitution states that all legislation that are inconsistent with or in violation of the ban on discrimination have been repealed. The fundamental rights have been determined to be exempt from restriction

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Furthermore, the court held that the issue of when the death of the father occurred was not relevant, as survivorship was only the mode of succession, not that of the formation of coparcenary rights. Thus, the bench held that the Court erred in its decision in Phulavati since it did not, in that case, consider how a coparcenary is created. Thus, they cast doubt also on the ruling in Mangammal.

This article has been written by Ishaan Banerjee and Monesh Mehndiratta. This article gives an overview of the Hindu Succession Act, 1956 and explores who can get property by succession and in what order. The article gives the features of the Act and further explains the devolution of property on the basis of succession.

The Hindu Succession Act, 1956 is an Act relating to the succession and inheritance of property. This Act lays down a comprehensive and uniform system that incorporates both succession and inheritance. This Act also deals with intestate or unwilled (testamentary) succession. Therefore, this Act combines all the aspects of Hindu succession and brings them into its ambit. This article shall further explore the applicability, and the basic terms and definitions and the rules for succession in the case of males and females.

The rule of survivorship is only applicable with respect to joint family property or coparcenary property. On the other hand, succession rules apply to separate property held by a person. However, the Dayabhaga school places emphasis on succession as the only mode of devolution of property. The article discusses the rules of succession under the Act and gives an overview of the whole Act. It also describes the devolution of coparcenary property along with the major changes brought by it.

The importance of the Act lies in the fact that it provides uniform rules for succession and reduces the conflict that arose due to confusion over different rules based on the ideas of two schools. Other features of the Act are:

As mentioned earlier, the Mitakshara school recognises two modes of devolution of property, i.e., by survivorship and by succession. The rule of survivorship applies to coparcenary property, while succession applies to the separate or self-acquired property of a person. Coparcenary property is an ancestral property of a Hindu joint family and consists of:

The concept of coparcenary ceases to exist once a partition is done in a Hindu joint family. Section 6 of the Act provides for the devolution of interest in coparcenary property. Before the Amendment of 2005, if a person died intestate, i.e., without making a will, his interest in the coparcenary property would be governed and devolved according to the rule of survivorship and not succession. It further prescribed that if a person who died intestate left female heirs mentioned in Class I, then the rules of succession would be applicable, which means that the rule of survivorship was not applicable to female heirs nor did they inherit property if male heirs were present.

It also provides that such a property inherited by a female will be her own property, and she will be an absolute owner and not a limited owner. It further states that a coparcenary property will be devolved assuming that a partition has taken place with respect to such property, in which the daughters will receive the same share as given to the sons. The Court, in the case of Ramesh Verma v. Lajesh Saxena (2017), held that the rules of succession will be applicable to separate property acquired by a person on division by notional partition.

When the succession of the property is governed by a testament or a will, then it is referred to as testamentary succession. Under Hindu law, a Hindu male or female can make the will for the property, including that of a share in the undivided Mitakshara coparcenary property, in favour of anyone. This should be valid and legally enforceable. The distribution will be under the provisions of the will and not through the laws of inheritance. Where the will is not valid, or not legally enforceable, then property can devolve through the law of inheritance.

Section 8 lays down the general rules for succession in the case of males. Section 8 applies in cases where succession opens after the commencement of the Act. It is not necessary that the death of the male Hindu, whose property has to be devolved by inheritance, should take place after the commencement of this Act. For example: if a father, during his lifetime, settles his property in favour of his wife and after the death of his wife, wishes that it should pass to his daughter, and the daughter dies after the commencement of this Act, then the succession will open and the property would devolve according to Section 8.

The Act has clearly clarified the position of sons with respect to succession. He has been given all his rights as of the date the Act was enacted. Before the amendment of 2005, he was preferred over daughters and was eligible to be a coparcener but after the amendment, even the daughters are given equal rights. The question that arises now is whether an adopted son has any right to inherit property. This question has been amicably addressed by the Act. The explanation to Section 6(4) of the Act clearly states that a son, grandson, or great-grandson includes a son who was born or adopted before the commencement of the Amendment Act of 2005. This also means that an adopted son is treated the same as a natural son under the Act and has all the rights given to him.

Section 26 of the Act disqualifies a person or his children born after conversion, who converts from the Hindu religion to any other religion. The only condition upon which his descendants are eligible to inherit is that they must be Hindus at the time of succession. Section 27 further gives the effect of disqualification and mentions that in case of any disqualification, the property would be inherited considering that the person disqualified died before the intestate.

The Act has brought some major changes in the rules of succession of the property. One of those is the manner of devolution of property. It has provided a uniform system of devolution of a coparcenary property and self-acquired or separate property. The other changes are discussed below.

Earlier, coparceners did not have any right to make a will with respect to their share or property. This right has now been recognised under Section 30. The rule of survivorship has been replaced by uniform rules of succession that are different for males and females. The Act also recognised the rights of daughters as coparceners and they would now have the same rights as sons. 17dc91bb1f