SUCCESSION HINDU LAW

HINDU LAW

CHAPTER-10

• SUCCESSION

(i) General rule of succession to males

(ii) General rules of succession to females 

SUCCESSION

(i) General Rules of Succession to Males 

i) Sn. 8 of the Hindu Succession Act deals with succession to the property of a   Hindu male dying intestate (i.e., without a will). 

  Firstly, upon the heirs specified in Class I of the schedule. 

  Secondly, on the heirs in class II. 

  Thirdly, if there is no class I and II heir, on the agnates of the deceased. 

Lastly, if there is no agnate, the Cognates of the deceased. 

Class I heirs: Son, daughter, widow, mother, son of a predeceased son, daughter of a predeceased son etc.  

Class II heirs: 

      1. Father 

      2. Son’s daughter’s son Son’s daughter’s daughter Brother, sister 

      3. Daughter’s son’s son 

      4. to 9 categories of person specified. 

ii) Rules regarding order of succession:  

       a) Class I heirs take simultaneously 

       b) Class II heirs take in the order: I is preferred to 2,2 to 3, 3 

      to 4 etc. 

iii) Agnates: Males ascendants and male descendants. Degrees are counted. The    fewer degree of relationship is preferred. Father’s father, Son’s son’s son, etc. 

iv) Cognates: related through females: There are descendant cognates and   ascedant cognates: Son’s daughter’s son’s son Father’s mother’s father.

(ii) General rules of succession to females 

Sn. 15 of the Hindu Succession Act states the general rules of succession to female Hindu dying intestate: 

1. First, sons and daughters and the husband
2. Second: Heirs of the husband 
3. Third: Mother and father 
4. Fourth: Heirs of the father 
5. Lastly on the heirs of the mother 

Exceptions: 

1. If the female has inherited any property from her father or mother, and dies without a son or daughter, then that property goes to the heirs of the father. 
2. If a female has inherited any property from her husband, or father-in-law and dies without a son or daughter that property goes to the heirs of the husband. 

Property : It includes all property movable and immovable, stridhana or any estate received from any source. Sn. 14. of the Hindu Succession Act has abolished the Widow’s estate. Hence, she is the absolute owner of that property held or possessed by her, whether acquired before or after 1956. 

Leading cases: 

Eramma v. Veerupanna; Kotturswami v. Veeravva