Hindu Succession Act applies on Hindus, Buddhists, Jains, and Sikhs.

Succession rights of majority of people in India are regulated under the provisions of the Hindu Succession Act, 2005. This makes it imperative for all property owners to know the key provisions of this law. Look at the main provisions of the law that regulates succession law in India.

Scope

The act applies to all who follow Hinduism, Buddhism, Jainism and Sikhism. The act does not include Christians, Muslims, Parsis, and Jews.

Definition of intestate

According to the law, intestate is a condition in which a property owner dies without leaving a ‘will’. In such a scenario, the estate of the person is distributed among his heirs based on the provisions of the Hindu Succession Law.

Definition of heir

The act defines heir as “any person, male or female, who is entitled to succeed to the property of an intestate”.

Classification of heirs

Under the Hindu Succession Act 1956, legal heirs are categorised into two classes — Class-I and Class-II. In case, an estate holder dies without leaving a ‘will’, Class-I heirs will have the first right on the wealth. Class-II heirs can claim their rights only if there are no Class-I heirs available.

List of Class-I heirs

1. Son
2. Daughter
3. Widow
4. Mother
5. Son of a pre-deceased son
6. Daughter of a pre-deceased son
7. Son of a pre-deceased daughter
8. Daughter of a pre-deceased daughter
9. Widow of a pre-deceased son
10. Son of a pre-deceased son of a pre-deceased son
11. Daughter of a pre-deceased son of a pre-deceased son
12. Widow of a pre-deceased son of a pre-deceased son
13. Son of a pre-deceased daughter of a pre-deceased daughter
14. Daughter of a pre-deceased daughter of a pre-deceased daughter
15. Daughter of a pre-deceased son of a pre-deceased daughter
16. Daughter of a pre-deceased daughter of a pre-deceased son

List of Class-II heirs

1. Father
2. Son’s daughter’s son
3. Son’s daughter’s daughter
4. Brother
5. Sister
6. Daughter’s son’s son
7. Daughter’s son’s daughter
8. Daughter’s daughter’s son
9. Daughter’s daughter’s daughter
10. Brother’s son
11. Sister’s son
12. Brother’s daughter
13. Sister’s daughter
14. Father’s father
15. Father’s mother
16. Father’s widow
17. Brother’s widow
18. Father’s brother
19. Father’s sister
20. Mother’s father
21. Mother’s mother
22. Mother’s brother
23. Mother’s sister

Non-applicability on property

Rules of this Succession Law don’t apply on a property succession regulated by the Indian Succession Act, 1925.

Property rights of women

After an amendment to Section 6 of the Hindu Succession Act of 1956 in 2005, daughters have been put on par with sons, as far as coparcenary rights in HUF property are concerned. Consequently, the daughter gets all the rights attached with coparcenary.

Coparcener

Coparcener stands for a joint heir. The Hindu Succession Act establishes that an individual born in a Hindu Undivided Family becomes a coparcener by birth. Note that both sons and daughters are coparceners in an HUF and share equal rights.