How Does the Hindu Succession Act Govern Inheritance?

The Hindu Succession Act governs the succession and inheritance of property among Hindus. This Act lays down the procedure for inheritance and succession. The Act talks about two types of succession, one is intestate and the other is testamentary succession. The Hindu personal law is based on two schools, Mitakshara School and Dayabhaga School. Mitakshara School talks about two ways of devolution of property, Devolution by survivorship and Devolution of succession. The rule of survivorship applies solely to joint Family or coparcenary property. In contrast, succession rules apply to a person’s independent property. However, the Dayabhaga School emphasizes succession as the only mechanism of property devolution.

Application of Hindu Succession Act

Section 2 of HSA talks about the applicability of Hindu inheritance law. This Act applies to someone who practices Hinduism or one of its variations like Virashaiva, Lingayat, Brahmo, Prarthna, or Arya Samaj. It even applies to any person who practices Buddhism, Sikhism, or Jainism. It also applies to persons who are not Muslim, Christian, Parsi, or Jew unless it is shown that it will not apply to them.

Types of Succession Governing Inheritance

There are two types of succession in the Hindu law of inheritance. These are:

• When the property is transferred by making a will, it is called testamentary succession. A Hindu man or female may make a will in anyone’s favor, even directing a portion of the undivided Mitakshara coparcenary property under Hindu inheritance law. The will should be legitimate and enforceable. 
• In the case of will, the distribution will not take place according to the inheritance laws in the Hindu law of inheritance.
• In intestate succession; a person passes away without leaving a will or testament. When this happens, the property is divided among the legal heirs in accordance with Hindu inheritance laws.

Features of Hindu Succession Act Governing Inheritance

• The HSA makes a distinction between coparcenary and separate property. Coparcenary property is the ancestral property, which one gets through male lineage. The separate property refers to the self-acquired property and the properties inherited by a person individually.
• The HSA was amended in 2005 and grant equal coparcenary rights to daughters as well. The daughters now have the same rights in ancestral property as that of sons. They can inherit, hold, and dispose of their share.
• In the case of separate property, if the person dies without making any will then a Class 1 heir will inherit the property. If there are no Class 1 heirs then the property will pass on to Class II heirs.
• The HSA includes the testamentary succession as well. It means the succession is make through will. Hindus have the freedom to create a will to specify the distribution of their wealth according to their wish. A lawful will enables individuals to override the norms of intestate succession and allocate their assets to their preferred recipients.
• The heirs can be disqualified from succeeding property on several grounds. The person will be disqualify to inherit the property if he commits murder or is involve in the murder of the person from whom he was about to inherit the property. This rule even applies in case of abetment of murder. The Hindu who converts to other religions is disqualified from inheriting the property. This disqualification applies even to their descendants unless at the time of succession, they reverted to Hinduism.

Classification of Legal heir

In Hindu law of inheritance, the classification is divide into four classes:

• Class I
• Class II
• Class III
• Class IV

Changes made in the Hindu Succession Act

• The present law abolished the sapinda relationship that used to inherit property out of love and affection. Now, the list of heirs has come and it governs the succession laws. People listed in categories such as Class I heirs, Class II heirs, agnates, and cognates are eligible to inherit the property.
• The rule of survivorship has been abolish and now the coparceners have the right to make a will to their share. Now the daughters also have equal coparcenary rights as that of sons. The change makes the son and daughter equal.
• The disqualification from inheriting property on the grounds of being a lunatic, idiot, unchaste widow, and any disqualification due to physical deformities has been remove. Now, there are only two disqualifications provided one is being a murderer and the other is a converted person.
• The right of succession in the separate property of an individual who die, was not previously accept; nevertheless, it is now firmly establish that Class I heirs can inherit the property of propositus in equal proportions concurrently with the succession in joint property.

In Hindu inheritance law, the distribution of property or succession is based on the concept of class-wise heirs who can inherit the property. The Hindu rule of inheritance gives preference to the family member who is close to the last heir. The legal classification of heirs conveys the same information. The successor should get legal assistance for will registration and succession claims from a good lawyer.

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