Laws of Succession relate to legal principles of distribution of assets of a deceased individual. These include the order in which one person in preference of any or one person after another or any one person in particular share with any other person succeeds to the property/estate of the deceased person. Corporate persons having perpetual existence are not covered in this and have separate laws relating to Winding up, Reorganization and Closure.

The Hindu Succession Act, 1956, is a law that was passed by the ‘Parliament of India’. The preamble of the Act signifies that an Act to amend and codify the law relating to intestate succession among Hindus. The Act lays down a uniform and comprehensive system of succession whereas attempt has been made to ensure equality inheritance rights between sons and daughters. It applies to all Hindus including Buddhists Jains and Sikhs. The Hindu Succession Act, 1956 preserves the dual mode of devolution of property under the Mitakshara School. The joint family still devolves by Survivorship with this important exception that if a Mitakshara Coparcener dies leaving behind mother, widow, daughter, daughter’s daughter, son’s daughter, son’s son’s daughter, son’s widow, son’s son’s widow, or daughter’s son his interest in the joint family property will devolve by succession.

Succession to the property of a Hindu Male
The Hindu Succession Act, 1956 deals with the inheritance to
a) The separate properties of a Mitakshara male,
b) The separate and coparceners properties of a Dayabhaga male, and
c) The undivided interest in the joint family property of a Mitakshara Coparcener.

The Act does not apply to the property of a Hindu who is married under the Special Marriage Act to a non -Hindu.

Heirs of a Hindu Male

The heirs of Hindu male fall under the following categories:-
1) Class I heirs,
2) Class II heirs,
3) Agnates,
4) Cognates, and
5) Government.

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 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.

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:

Category I -
a) Father.

Category II -
a) Son’s daughter’s son.
b) Son’s daughter’s daughter.
c) Brother.
d) Sister.

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.

 Category IV -
a) Brother’s son.
b) Brother’s daughter.
c) Sister’s son.
d) Sister’s daughter.

Category V -
a) Father’s father.
b) Father’s mother.

Category VI -
a) Father’s widow. [Step mother].
b) Brother’s widow.

Category VII -
a) Father’s brother.
b) Father’s sister.

Category VIII -
a) Mother’s father.
b) Mother’s mother.

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.

Agnates
According to section 3(1)(a) of the Hindu Succession Act, 1956, one person is said to be an “agnate” of another if the two are related by blood or adoption wholly through males.

Cognates
According to section 3(1)(c) of the Hindu Succession Act, 1956, one person is said to be a “cognate” of another if the two are related by blood or adoption but not wholly through males.

Doctrine of Escheat
When no cognate is present, that is, no legal heir is present of the Hindu intestate, or any heir is present but is disqualified from succeeding the deceased’s property; such property will go to the Government.

Following persons are disqualified from inheriting property:

• Murderer
• Abettor of murder
• Convert’s descendants

Succession in Case of Female Hindu.

If a female dies intestate, her property shall devolve upon:

• Son, daughters and husband
• Heirs of husband
• Mother and father
• Heirs of father
• Heirs of mother
• The property can be movable or immovable.
• Female should be the full owner of the property.
• It is to be noted that in the absence of her son or daughter, any property inherited by the female:

(i) from parents shall devolve on the heirs of the father.
(ii) from husband or father-in-law shall devolve on the heirs of the husband.

Daughter’s Right in Property

Only three generations of male lineage or sons, grandsons and great-grandsons were recognised as coparceners till 2005. There was no right for a woman to inherit from her father’s side. They could inherit from only their husband’s side. Amendment for Hindu Succession Act was passed in 2005. The amendment abolished the rule of survivorship. Like sons, daughters were also made heirs to property and the need for daughter to seek agreement from the male heirs to demand partition of the property was also removed.

Succession to a Mitakshara Coparcener’s Interest

The Section 6 of the Act has been extensively amended by the Hindu Succession (Amendment) Act, 2005; while recognizing the rule of devolution by Survivorship among the members of the coparcener makes an exception to the rule in the proviso.
According to proviso, if the deceased has left a surviving female relative specified in class I or a male relative specified in that class who claim through such female relation, the interest of a deceased in Mitakshara Coparceners property shall devolve by testamentary of instate succession under the Act and not as Survivorship.

Certain exceptions:-

If , and the heirs are both male and female, the female heir is not allowed to request partition until the male heir chooses to divide their respective shares. If this female heir is a daughter, she has the right to reside in the home if she is unmarried, divorced or widowed.
After the Hindu Succession (Amendment) Act, 2005; Section 6, the difference between the female and male inheritor has been abolished . Now even female inheritor [daughter] can also claim partition of the ancestral property.

Amendments
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.

Conclusion
This article explored some basic terms and definitions used in the Hindu Succession Act, 1956. There are four classes of heirs to which property devolves in case if a Hindu dies leaving behind a will, in which case he becomes intestate. This property devolves through these classes. If no one from the earlier class is present, then it devolves to the next class and so on. Lastly, this article also explored the 2005 Amendment to this Act, which brought much needed protection to women rights regarding property.