CBSE Textbook: Property, Succession and Inheritance | Legal Studies for Class 11 - Humanities/Arts PDF Download

 Page 1


UNIT I UNIT III UNIT IV
UNIT V
UNIT II
II. Inheritance and Succession
What is Inheritance?
Inheritance is one of the means of acquisition of property. Inheritance means the right of an heir (to 
succeed 	 to 	 proper ty	 on 	 the 	 death 	 of 	 an	 ancestor) 	 by	 way	 of	 succession.	 Differ ent	 laws 	 of 	 succession	
govern persons belonging to different religions.
After the death of the owner, all rights belonging to the deceased with regard to the property are 
divisible into two classes, namely:
1. Inheritable rights, and 
2. Un-inheritable rights
Inheritable rights: A right is inheritable if it survives its owner. It remains functional even after the 
death of the person to whom it belongs and devolves on his/her legal representative. For instance, 
proprietary rights (rights attached to property) like debts are inheritable rights.
Un-inheritable rights: A right is not inheritable if it dies with the person. For instance, personal  rights 
(rights associated with the person) are not inheritable as they extinguish with the death of the deceased.
What is Succession?
Succession is the process in which property is transferred upon someone’s death. It is also 
used to refer to the estate a person leaves behind at death.
There are two ways of succession i.e. intestate succession and testamentary succession.
Who is an Heir?
The persons on whom the property devolves are called the heirs of the deceased. A person who is 
entitled to inherit property after the death of the intestate is known as heir. 
Who is a Testator?
T estator is a person who has made a legally valid will before death.
What is a Will?
A legal declaration of a person’s wish regarding the disposal of his or her property or estate after 
death.
On 9 March 2018, the Supreme Court of India made a landmark judgment permitting passive 
euthanasia under strict guidelines in the country.
Page 2


UNIT I UNIT III UNIT IV
UNIT V
UNIT II
II. Inheritance and Succession
What is Inheritance?
Inheritance is one of the means of acquisition of property. Inheritance means the right of an heir (to 
succeed 	 to 	 proper ty	 on 	 the 	 death 	 of 	 an	 ancestor) 	 by	 way	 of	 succession.	 Differ ent	 laws 	 of 	 succession	
govern persons belonging to different religions.
After the death of the owner, all rights belonging to the deceased with regard to the property are 
divisible into two classes, namely:
1. Inheritable rights, and 
2. Un-inheritable rights
Inheritable rights: A right is inheritable if it survives its owner. It remains functional even after the 
death of the person to whom it belongs and devolves on his/her legal representative. For instance, 
proprietary rights (rights attached to property) like debts are inheritable rights.
Un-inheritable rights: A right is not inheritable if it dies with the person. For instance, personal  rights 
(rights associated with the person) are not inheritable as they extinguish with the death of the deceased.
What is Succession?
Succession is the process in which property is transferred upon someone’s death. It is also 
used to refer to the estate a person leaves behind at death.
There are two ways of succession i.e. intestate succession and testamentary succession.
Who is an Heir?
The persons on whom the property devolves are called the heirs of the deceased. A person who is 
entitled to inherit property after the death of the intestate is known as heir. 
Who is a Testator?
T estator is a person who has made a legally valid will before death.
What is a Will?
A legal declaration of a person’s wish regarding the disposal of his or her property or estate after 
death.
On 9 March 2018, the Supreme Court of India made a landmark judgment permitting passive 
euthanasia under strict guidelines in the country.
UNIT I UNIT III UNIT IV
UNIT V
UNIT II
Supreme Court of India legalised passive euthanasia by means of withdrawal of life support to 
patients in a permanent vegetative state. Passive euthanasia allows withdrawal of medical treatment 
with the intention to expedite the death of a terminally-ill patient.
In the landmark verdict, the Supreme Court also ruled that in specific circumstances, a person has 
the right to decide against artificial life support by creating a living will. The Supreme Court has 
attached strict conditions for executing a living will that was made by a person in his normal state 
of health and mind.
The Supreme Court declared the right to die with dignity as a fundamental right within the ambit 
of the right to live with dignity. It held that the right to life and liberty under Article 21 of the 
Constitution of India also includes the right to die peacefully and with dignity.
The judgment was delivered on a PIL filed by NGO Common Cause for an individual’s right 
to make a living will document for passive euthanasia. However, the debate to legalise passive 
euthanasia got triggered in a 2011 Supreme Court judgment in the case of Mumbai nurse Aruna 
Shanbaug, who was in a permanent vegetative state for more than 40 years. 
Testamentary Succession
When 	 a 	 person 	 disposes 	 off 	 his 	 proper ty	 by 	 making 	 a 	 will,	 it 	 is 	 known 	 as 	 testamentar y 	 succession. 	 A	
person can make a will only of his/her separate property. T estamentary succession is governed by the 
Indian Succession Act, 1925.
In testamentary succession, the law empowers a person to determine, during his lifetime, the 
disposition of the property that he leaves behind him after his death. The law respects the will of the 
deceased and secures its enforcement (to compel observance and obedience to that will). A person 
who determines the disposition of his property in this way is said to have made a will.
III. Intestate Succession
A person who dies without making a will is known as intestate and succession to his property is known 
as intestate succession. 
In Intestate Succession, the property devolves according to the law or custom by which the deceased 
is governed. 
If a Hindu dies intestate i.e. without making a will, then, both separate property as well as joint family 
property passes on to his heirs in accordance with the Hindu Succession Act, 1956.
Under Hindu law, a son had a birthright in joint family property. The Hindu Succession (Amendment) 
Act, 2005 was enacted to remove gender discriminatory provisions in the Hindu Succession Act, 
1956. Now, under the Hindu Succession (Amendment) Act, 2005, daughters have inheritance rights 
equal to those of sons from properties of their fathers, grandfathers and great grandfathers. 
Muslim Law
Muslims do not have any codified law for intestate succession. They are governed by rules contained 
in religious texts. They do not make any distinction between ancestral and self acquired property. The 
right of an heir comes into existence on the death of the ancestor. 
Other Religions
The Indian Succession Act, 1925, governs intestate succession of Christians and Parsis. Every religion 
has its own rules of Intestate succession, but there are certain concepts that are common to all religions.
Page 3


UNIT I UNIT III UNIT IV
UNIT V
UNIT II
II. Inheritance and Succession
What is Inheritance?
Inheritance is one of the means of acquisition of property. Inheritance means the right of an heir (to 
succeed 	 to 	 proper ty	 on 	 the 	 death 	 of 	 an	 ancestor) 	 by	 way	 of	 succession.	 Differ ent	 laws 	 of 	 succession	
govern persons belonging to different religions.
After the death of the owner, all rights belonging to the deceased with regard to the property are 
divisible into two classes, namely:
1. Inheritable rights, and 
2. Un-inheritable rights
Inheritable rights: A right is inheritable if it survives its owner. It remains functional even after the 
death of the person to whom it belongs and devolves on his/her legal representative. For instance, 
proprietary rights (rights attached to property) like debts are inheritable rights.
Un-inheritable rights: A right is not inheritable if it dies with the person. For instance, personal  rights 
(rights associated with the person) are not inheritable as they extinguish with the death of the deceased.
What is Succession?
Succession is the process in which property is transferred upon someone’s death. It is also 
used to refer to the estate a person leaves behind at death.
There are two ways of succession i.e. intestate succession and testamentary succession.
Who is an Heir?
The persons on whom the property devolves are called the heirs of the deceased. A person who is 
entitled to inherit property after the death of the intestate is known as heir. 
Who is a Testator?
T estator is a person who has made a legally valid will before death.
What is a Will?
A legal declaration of a person’s wish regarding the disposal of his or her property or estate after 
death.
On 9 March 2018, the Supreme Court of India made a landmark judgment permitting passive 
euthanasia under strict guidelines in the country.
UNIT I UNIT III UNIT IV
UNIT V
UNIT II
Supreme Court of India legalised passive euthanasia by means of withdrawal of life support to 
patients in a permanent vegetative state. Passive euthanasia allows withdrawal of medical treatment 
with the intention to expedite the death of a terminally-ill patient.
In the landmark verdict, the Supreme Court also ruled that in specific circumstances, a person has 
the right to decide against artificial life support by creating a living will. The Supreme Court has 
attached strict conditions for executing a living will that was made by a person in his normal state 
of health and mind.
The Supreme Court declared the right to die with dignity as a fundamental right within the ambit 
of the right to live with dignity. It held that the right to life and liberty under Article 21 of the 
Constitution of India also includes the right to die peacefully and with dignity.
The judgment was delivered on a PIL filed by NGO Common Cause for an individual’s right 
to make a living will document for passive euthanasia. However, the debate to legalise passive 
euthanasia got triggered in a 2011 Supreme Court judgment in the case of Mumbai nurse Aruna 
Shanbaug, who was in a permanent vegetative state for more than 40 years. 
Testamentary Succession
When 	 a 	 person 	 disposes 	 off 	 his 	 proper ty	 by 	 making 	 a 	 will,	 it 	 is 	 known 	 as 	 testamentar y 	 succession. 	 A	
person can make a will only of his/her separate property. T estamentary succession is governed by the 
Indian Succession Act, 1925.
In testamentary succession, the law empowers a person to determine, during his lifetime, the 
disposition of the property that he leaves behind him after his death. The law respects the will of the 
deceased and secures its enforcement (to compel observance and obedience to that will). A person 
who determines the disposition of his property in this way is said to have made a will.
III. Intestate Succession
A person who dies without making a will is known as intestate and succession to his property is known 
as intestate succession. 
In Intestate Succession, the property devolves according to the law or custom by which the deceased 
is governed. 
If a Hindu dies intestate i.e. without making a will, then, both separate property as well as joint family 
property passes on to his heirs in accordance with the Hindu Succession Act, 1956.
Under Hindu law, a son had a birthright in joint family property. The Hindu Succession (Amendment) 
Act, 2005 was enacted to remove gender discriminatory provisions in the Hindu Succession Act, 
1956. Now, under the Hindu Succession (Amendment) Act, 2005, daughters have inheritance rights 
equal to those of sons from properties of their fathers, grandfathers and great grandfathers. 
Muslim Law
Muslims do not have any codified law for intestate succession. They are governed by rules contained 
in religious texts. They do not make any distinction between ancestral and self acquired property. The 
right of an heir comes into existence on the death of the ancestor. 
Other Religions
The Indian Succession Act, 1925, governs intestate succession of Christians and Parsis. Every religion 
has its own rules of Intestate succession, but there are certain concepts that are common to all religions.
UNIT I UNIT III UNIT IV
UNIT V
UNIT II
162
For example, A person who is entitled to inherit property after the death of the intestate is known as 
an 	 Heir . 	 These	 heirs 	 could 	be 	 of 	 thr ee 	types,	 i.e.,	 Ascendants, 	 Descendants,	 and 	 Collaterals.
A. Heirs - Ascendants, Descendants, and Collaterals
 Ascendants are the ancestors of a person both on the paternal and maternal side. The immediate 
ascendants are father and mother. It includes father (F), Mother (M), paternal grandfather (FF), 
paternal grandmother (FM), maternal grandfather (MF), maternal grandmother (MM), etc. There 
is no limit to degrees of ascent.
	 Descendants	 mean 	the 	 offspring 	 of	 a 	 person.	 The	 immediate	 descendants	 of 	 a 	 person 	 ar e	 his 	 or 	
her 	 sons 	 and 	 daughters. 	 It 	 includes	 son 	 (S), 	 daughter 	 (D), 	 grandson 	 (SS), 	 granddaughter 	 (SD), 	
gr eat 	grandson 	(SSS), 	 gr eat 	 granddaughter 	 (SSD), 	 etc. 	Ther e	 is 	 no 	limit	to 	 degr ees 	 of 	 descent.	
 Collaterals are descendants in parallel lines, i.e., from a common ancestor or ancestress. For 
instance, brothers, sisters, and their children how low so ever, paternal and maternal uncles and 
aunts and their children how low so ever are all collaterals. These heirs can relate to each other 
by full blood, half blood or uterine blood.
B. Relation by full blood, half blood and uterine blood
 Relation by full blood: Two persons are related to each other by full blood when they have 
the same father and same mother.
 Relation by half blood: Two persons are related to each other by half blood when they have 
the same father but different mothers. 
 Relation by uterine blood: Two persons are related to each other by uterine blood when they 
have the same mother but different fathers. 
 The rules pertaining to intestate succession are more or less similar in all the communities whereby 
first preference is given to the husband or wife of the deceased and their lineal descendants. 
In their absence, the preference is given to collaterals that are close to the deceased. In their 
absence, property goes to remote agnatic heirs and then to cognatic heirs.
 However, every religion has  adopted a different way of determining the disposition of property.
IV. Rules Relating to Intestate Succession
A. Rules of intestate succession of a Hindu Male:
 Heirs belonging to a Hindu male are classified into four categories i.e. class I, class II, agnates and 
cognates.
•	 Cla ss 	 I 	 heirs 	 ar e	 the 	 most 	 pr efer r ed 	 heirs	 and	 include 	 mother ,	 wife, 	 son 	 as 	 well 	 as 	 daughter 	 and 	
their descendants upto the third generation.
•	 Cla ss 	 II 	 heirs 	 include 	 father , 	 brother	 as 	 well 	 as 	 sister 	 and 	 their 	 childr en, 	 mater nal 	 and 	 pater nal	
uncles and aunts, maternal and paternal grandfather and grandmother etc.
 Class II heirs will inherit property only in absence of Class I heirs.
•	 If 	 ther e 	 ar e	no 	 heirs	 bel onging 	 to 	 Class 	 I 	 or 	 Class 	 II 	 then 	proper ty	 goes 	to 	agnates.	
 Who are Agnates?
	 When	 two 	 persons 	 ar e 	 r elated 	 by	 blood 	 or 	 adoption 	 wholly 	 through	 males,	 they 	 ar e	 called 	
agnates. For example:
Page 4


UNIT I UNIT III UNIT IV
UNIT V
UNIT II
II. Inheritance and Succession
What is Inheritance?
Inheritance is one of the means of acquisition of property. Inheritance means the right of an heir (to 
succeed 	 to 	 proper ty	 on 	 the 	 death 	 of 	 an	 ancestor) 	 by	 way	 of	 succession.	 Differ ent	 laws 	 of 	 succession	
govern persons belonging to different religions.
After the death of the owner, all rights belonging to the deceased with regard to the property are 
divisible into two classes, namely:
1. Inheritable rights, and 
2. Un-inheritable rights
Inheritable rights: A right is inheritable if it survives its owner. It remains functional even after the 
death of the person to whom it belongs and devolves on his/her legal representative. For instance, 
proprietary rights (rights attached to property) like debts are inheritable rights.
Un-inheritable rights: A right is not inheritable if it dies with the person. For instance, personal  rights 
(rights associated with the person) are not inheritable as they extinguish with the death of the deceased.
What is Succession?
Succession is the process in which property is transferred upon someone’s death. It is also 
used to refer to the estate a person leaves behind at death.
There are two ways of succession i.e. intestate succession and testamentary succession.
Who is an Heir?
The persons on whom the property devolves are called the heirs of the deceased. A person who is 
entitled to inherit property after the death of the intestate is known as heir. 
Who is a Testator?
T estator is a person who has made a legally valid will before death.
What is a Will?
A legal declaration of a person’s wish regarding the disposal of his or her property or estate after 
death.
On 9 March 2018, the Supreme Court of India made a landmark judgment permitting passive 
euthanasia under strict guidelines in the country.
UNIT I UNIT III UNIT IV
UNIT V
UNIT II
Supreme Court of India legalised passive euthanasia by means of withdrawal of life support to 
patients in a permanent vegetative state. Passive euthanasia allows withdrawal of medical treatment 
with the intention to expedite the death of a terminally-ill patient.
In the landmark verdict, the Supreme Court also ruled that in specific circumstances, a person has 
the right to decide against artificial life support by creating a living will. The Supreme Court has 
attached strict conditions for executing a living will that was made by a person in his normal state 
of health and mind.
The Supreme Court declared the right to die with dignity as a fundamental right within the ambit 
of the right to live with dignity. It held that the right to life and liberty under Article 21 of the 
Constitution of India also includes the right to die peacefully and with dignity.
The judgment was delivered on a PIL filed by NGO Common Cause for an individual’s right 
to make a living will document for passive euthanasia. However, the debate to legalise passive 
euthanasia got triggered in a 2011 Supreme Court judgment in the case of Mumbai nurse Aruna 
Shanbaug, who was in a permanent vegetative state for more than 40 years. 
Testamentary Succession
When 	 a 	 person 	 disposes 	 off 	 his 	 proper ty	 by 	 making 	 a 	 will,	 it 	 is 	 known 	 as 	 testamentar y 	 succession. 	 A	
person can make a will only of his/her separate property. T estamentary succession is governed by the 
Indian Succession Act, 1925.
In testamentary succession, the law empowers a person to determine, during his lifetime, the 
disposition of the property that he leaves behind him after his death. The law respects the will of the 
deceased and secures its enforcement (to compel observance and obedience to that will). A person 
who determines the disposition of his property in this way is said to have made a will.
III. Intestate Succession
A person who dies without making a will is known as intestate and succession to his property is known 
as intestate succession. 
In Intestate Succession, the property devolves according to the law or custom by which the deceased 
is governed. 
If a Hindu dies intestate i.e. without making a will, then, both separate property as well as joint family 
property passes on to his heirs in accordance with the Hindu Succession Act, 1956.
Under Hindu law, a son had a birthright in joint family property. The Hindu Succession (Amendment) 
Act, 2005 was enacted to remove gender discriminatory provisions in the Hindu Succession Act, 
1956. Now, under the Hindu Succession (Amendment) Act, 2005, daughters have inheritance rights 
equal to those of sons from properties of their fathers, grandfathers and great grandfathers. 
Muslim Law
Muslims do not have any codified law for intestate succession. They are governed by rules contained 
in religious texts. They do not make any distinction between ancestral and self acquired property. The 
right of an heir comes into existence on the death of the ancestor. 
Other Religions
The Indian Succession Act, 1925, governs intestate succession of Christians and Parsis. Every religion 
has its own rules of Intestate succession, but there are certain concepts that are common to all religions.
UNIT I UNIT III UNIT IV
UNIT V
UNIT II
162
For example, A person who is entitled to inherit property after the death of the intestate is known as 
an 	 Heir . 	 These	 heirs 	 could 	be 	 of 	 thr ee 	types,	 i.e.,	 Ascendants, 	 Descendants,	 and 	 Collaterals.
A. Heirs - Ascendants, Descendants, and Collaterals
 Ascendants are the ancestors of a person both on the paternal and maternal side. The immediate 
ascendants are father and mother. It includes father (F), Mother (M), paternal grandfather (FF), 
paternal grandmother (FM), maternal grandfather (MF), maternal grandmother (MM), etc. There 
is no limit to degrees of ascent.
	 Descendants	 mean 	the 	 offspring 	 of	 a 	 person.	 The	 immediate	 descendants	 of 	 a 	 person 	 ar e	 his 	 or 	
her 	 sons 	 and 	 daughters. 	 It 	 includes	 son 	 (S), 	 daughter 	 (D), 	 grandson 	 (SS), 	 granddaughter 	 (SD), 	
gr eat 	grandson 	(SSS), 	 gr eat 	 granddaughter 	 (SSD), 	 etc. 	Ther e	 is 	 no 	limit	to 	 degr ees 	 of 	 descent.	
 Collaterals are descendants in parallel lines, i.e., from a common ancestor or ancestress. For 
instance, brothers, sisters, and their children how low so ever, paternal and maternal uncles and 
aunts and their children how low so ever are all collaterals. These heirs can relate to each other 
by full blood, half blood or uterine blood.
B. Relation by full blood, half blood and uterine blood
 Relation by full blood: Two persons are related to each other by full blood when they have 
the same father and same mother.
 Relation by half blood: Two persons are related to each other by half blood when they have 
the same father but different mothers. 
 Relation by uterine blood: Two persons are related to each other by uterine blood when they 
have the same mother but different fathers. 
 The rules pertaining to intestate succession are more or less similar in all the communities whereby 
first preference is given to the husband or wife of the deceased and their lineal descendants. 
In their absence, the preference is given to collaterals that are close to the deceased. In their 
absence, property goes to remote agnatic heirs and then to cognatic heirs.
 However, every religion has  adopted a different way of determining the disposition of property.
IV. Rules Relating to Intestate Succession
A. Rules of intestate succession of a Hindu Male:
 Heirs belonging to a Hindu male are classified into four categories i.e. class I, class II, agnates and 
cognates.
•	 Cla ss 	 I 	 heirs 	 ar e	 the 	 most 	 pr efer r ed 	 heirs	 and	 include 	 mother ,	 wife, 	 son 	 as 	 well 	 as 	 daughter 	 and 	
their descendants upto the third generation.
•	 Cla ss 	 II 	 heirs 	 include 	 father , 	 brother	 as 	 well 	 as 	 sister 	 and 	 their 	 childr en, 	 mater nal 	 and 	 pater nal	
uncles and aunts, maternal and paternal grandfather and grandmother etc.
 Class II heirs will inherit property only in absence of Class I heirs.
•	 If 	 ther e 	 ar e	no 	 heirs	 bel onging 	 to 	 Class 	 I 	 or 	 Class 	 II 	 then 	proper ty	 goes 	to 	agnates.	
 Who are Agnates?
	 When	 two 	 persons 	 ar e 	 r elated 	 by	 blood 	 or 	 adoption 	 wholly 	 through	 males,	 they 	 ar e	 called 	
agnates. For example:
UNIT I UNIT III UNIT IV
UNIT V
UNIT II
163
 The son of a great grandson (son, grandson, great grandson being dead)
 P   ?   S   ?   SS   ?   SSS   ?   SSSS1
 In the above diagram, S is son of P , SS is son of S and grandson of P , SSS is son of SS and great 
grandson of P , SSSS1 is son of SSS and great great grandson of P . Here, SSSS1 is agnate to P 
as he is tracing relation wholly through males i.e. his father (SSS), grandfather (SS), and great 
grandfather (S). No female has intervened in-between.
 In case, all the above-mentioned heirs i.e. Class I, Class II and agnates are absent then property 
will go to cognates. 
 Who are Cognates?
	 When	 two	 persons 	 ar e	 r elated	 by 	 blood 	 or 	 adoption 	 but 	 not	 wholly 	 through	 males, 	 they 	 ar e 	
called cognates.
 For example:
 P   ?   F   ?   FM   ?   FMF1
 Father of paternal grandmother i.e. FMF1 is a cognate as female (father’s mother) has intervened 
in between. In the above diagram, F is father of P , FM is mother of F and paternal grandmother 
of P , FMF1 is father of FM. Here, FMF1 is cognate to P as a female has intervened in between, 
i.e., father’s mother (FM).
B. Rules of intestate succession of a Hindu Female
 If a female Hindu dies intestate then heirs are divided into five categories. The heirs in earlier 
categories are preferred over the heirs in later categories. 
	 •	 The	 first 	 categor y 	 includes 	 husband, 	 son, 	 daug hter 	 and 	 childr en 	 of 	 a 	 pr e- 	 deceased 	 son 	 and	
daughter. 
	 •	 The	second 	 categor y 	 includes 	 heirs	of	the 	 husb and. 	
	 •	 F ather 	 and 	 mother 	fall 	 under 	 the 	third 	categor y . 	
	 •	 Heirs 	 of 	 father 	 and	mother	ar e 	cover ed 	 under	four th 	and 	 fifth 	categor y 	 r espectively .
C. Rules of intestate succession among Muslims
 There is no codified law for Muslims in the area of succession. They are governed by their 
religious texts.
 Rules of intestate succession among  Sunni Muslims
 Among Sunnis, heirs are divided into three categories i.e. 
	 •	 Shar ers 	(Quranic 	 heirs),	
	 •	 Residuaries	(agnatic 	 heirs),	 and
	 •	 Distant 	 kindr ed 	 (uterine 	heirs)
	 Shar ers	 ar e 	 the 	 most 	 pr efer r ed 	 heirs. 	 F irst 	 of 	 all, 	 shar ers 	 ar e 	 allotted 	 their 	 Quranic 	 shar es. 	 If 	
something is left behind after allotting shares to them, then, it goes to residuaries. If their shares 
exhaust the entire estate, then sharers exclude residuaries and distant kindred. The distant 
kindred are not entitled to succeed so long as there is any heir belonging to the class of sharers or 
residuaries. But there is one case in which distant kindred will inherit with the sharer: when there 
Page 5


UNIT I UNIT III UNIT IV
UNIT V
UNIT II
II. Inheritance and Succession
What is Inheritance?
Inheritance is one of the means of acquisition of property. Inheritance means the right of an heir (to 
succeed 	 to 	 proper ty	 on 	 the 	 death 	 of 	 an	 ancestor) 	 by	 way	 of	 succession.	 Differ ent	 laws 	 of 	 succession	
govern persons belonging to different religions.
After the death of the owner, all rights belonging to the deceased with regard to the property are 
divisible into two classes, namely:
1. Inheritable rights, and 
2. Un-inheritable rights
Inheritable rights: A right is inheritable if it survives its owner. It remains functional even after the 
death of the person to whom it belongs and devolves on his/her legal representative. For instance, 
proprietary rights (rights attached to property) like debts are inheritable rights.
Un-inheritable rights: A right is not inheritable if it dies with the person. For instance, personal  rights 
(rights associated with the person) are not inheritable as they extinguish with the death of the deceased.
What is Succession?
Succession is the process in which property is transferred upon someone’s death. It is also 
used to refer to the estate a person leaves behind at death.
There are two ways of succession i.e. intestate succession and testamentary succession.
Who is an Heir?
The persons on whom the property devolves are called the heirs of the deceased. A person who is 
entitled to inherit property after the death of the intestate is known as heir. 
Who is a Testator?
T estator is a person who has made a legally valid will before death.
What is a Will?
A legal declaration of a person’s wish regarding the disposal of his or her property or estate after 
death.
On 9 March 2018, the Supreme Court of India made a landmark judgment permitting passive 
euthanasia under strict guidelines in the country.
UNIT I UNIT III UNIT IV
UNIT V
UNIT II
Supreme Court of India legalised passive euthanasia by means of withdrawal of life support to 
patients in a permanent vegetative state. Passive euthanasia allows withdrawal of medical treatment 
with the intention to expedite the death of a terminally-ill patient.
In the landmark verdict, the Supreme Court also ruled that in specific circumstances, a person has 
the right to decide against artificial life support by creating a living will. The Supreme Court has 
attached strict conditions for executing a living will that was made by a person in his normal state 
of health and mind.
The Supreme Court declared the right to die with dignity as a fundamental right within the ambit 
of the right to live with dignity. It held that the right to life and liberty under Article 21 of the 
Constitution of India also includes the right to die peacefully and with dignity.
The judgment was delivered on a PIL filed by NGO Common Cause for an individual’s right 
to make a living will document for passive euthanasia. However, the debate to legalise passive 
euthanasia got triggered in a 2011 Supreme Court judgment in the case of Mumbai nurse Aruna 
Shanbaug, who was in a permanent vegetative state for more than 40 years. 
Testamentary Succession
When 	 a 	 person 	 disposes 	 off 	 his 	 proper ty	 by 	 making 	 a 	 will,	 it 	 is 	 known 	 as 	 testamentar y 	 succession. 	 A	
person can make a will only of his/her separate property. T estamentary succession is governed by the 
Indian Succession Act, 1925.
In testamentary succession, the law empowers a person to determine, during his lifetime, the 
disposition of the property that he leaves behind him after his death. The law respects the will of the 
deceased and secures its enforcement (to compel observance and obedience to that will). A person 
who determines the disposition of his property in this way is said to have made a will.
III. Intestate Succession
A person who dies without making a will is known as intestate and succession to his property is known 
as intestate succession. 
In Intestate Succession, the property devolves according to the law or custom by which the deceased 
is governed. 
If a Hindu dies intestate i.e. without making a will, then, both separate property as well as joint family 
property passes on to his heirs in accordance with the Hindu Succession Act, 1956.
Under Hindu law, a son had a birthright in joint family property. The Hindu Succession (Amendment) 
Act, 2005 was enacted to remove gender discriminatory provisions in the Hindu Succession Act, 
1956. Now, under the Hindu Succession (Amendment) Act, 2005, daughters have inheritance rights 
equal to those of sons from properties of their fathers, grandfathers and great grandfathers. 
Muslim Law
Muslims do not have any codified law for intestate succession. They are governed by rules contained 
in religious texts. They do not make any distinction between ancestral and self acquired property. The 
right of an heir comes into existence on the death of the ancestor. 
Other Religions
The Indian Succession Act, 1925, governs intestate succession of Christians and Parsis. Every religion 
has its own rules of Intestate succession, but there are certain concepts that are common to all religions.
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For example, A person who is entitled to inherit property after the death of the intestate is known as 
an 	 Heir . 	 These	 heirs 	 could 	be 	 of 	 thr ee 	types,	 i.e.,	 Ascendants, 	 Descendants,	 and 	 Collaterals.
A. Heirs - Ascendants, Descendants, and Collaterals
 Ascendants are the ancestors of a person both on the paternal and maternal side. The immediate 
ascendants are father and mother. It includes father (F), Mother (M), paternal grandfather (FF), 
paternal grandmother (FM), maternal grandfather (MF), maternal grandmother (MM), etc. There 
is no limit to degrees of ascent.
	 Descendants	 mean 	the 	 offspring 	 of	 a 	 person.	 The	 immediate	 descendants	 of 	 a 	 person 	 ar e	 his 	 or 	
her 	 sons 	 and 	 daughters. 	 It 	 includes	 son 	 (S), 	 daughter 	 (D), 	 grandson 	 (SS), 	 granddaughter 	 (SD), 	
gr eat 	grandson 	(SSS), 	 gr eat 	 granddaughter 	 (SSD), 	 etc. 	Ther e	 is 	 no 	limit	to 	 degr ees 	 of 	 descent.	
 Collaterals are descendants in parallel lines, i.e., from a common ancestor or ancestress. For 
instance, brothers, sisters, and their children how low so ever, paternal and maternal uncles and 
aunts and their children how low so ever are all collaterals. These heirs can relate to each other 
by full blood, half blood or uterine blood.
B. Relation by full blood, half blood and uterine blood
 Relation by full blood: Two persons are related to each other by full blood when they have 
the same father and same mother.
 Relation by half blood: Two persons are related to each other by half blood when they have 
the same father but different mothers. 
 Relation by uterine blood: Two persons are related to each other by uterine blood when they 
have the same mother but different fathers. 
 The rules pertaining to intestate succession are more or less similar in all the communities whereby 
first preference is given to the husband or wife of the deceased and their lineal descendants. 
In their absence, the preference is given to collaterals that are close to the deceased. In their 
absence, property goes to remote agnatic heirs and then to cognatic heirs.
 However, every religion has  adopted a different way of determining the disposition of property.
IV. Rules Relating to Intestate Succession
A. Rules of intestate succession of a Hindu Male:
 Heirs belonging to a Hindu male are classified into four categories i.e. class I, class II, agnates and 
cognates.
•	 Cla ss 	 I 	 heirs 	 ar e	 the 	 most 	 pr efer r ed 	 heirs	 and	 include 	 mother ,	 wife, 	 son 	 as 	 well 	 as 	 daughter 	 and 	
their descendants upto the third generation.
•	 Cla ss 	 II 	 heirs 	 include 	 father , 	 brother	 as 	 well 	 as 	 sister 	 and 	 their 	 childr en, 	 mater nal 	 and 	 pater nal	
uncles and aunts, maternal and paternal grandfather and grandmother etc.
 Class II heirs will inherit property only in absence of Class I heirs.
•	 If 	 ther e 	 ar e	no 	 heirs	 bel onging 	 to 	 Class 	 I 	 or 	 Class 	 II 	 then 	proper ty	 goes 	to 	agnates.	
 Who are Agnates?
	 When	 two 	 persons 	 ar e 	 r elated 	 by	 blood 	 or 	 adoption 	 wholly 	 through	 males,	 they 	 ar e	 called 	
agnates. For example:
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 The son of a great grandson (son, grandson, great grandson being dead)
 P   ?   S   ?   SS   ?   SSS   ?   SSSS1
 In the above diagram, S is son of P , SS is son of S and grandson of P , SSS is son of SS and great 
grandson of P , SSSS1 is son of SSS and great great grandson of P . Here, SSSS1 is agnate to P 
as he is tracing relation wholly through males i.e. his father (SSS), grandfather (SS), and great 
grandfather (S). No female has intervened in-between.
 In case, all the above-mentioned heirs i.e. Class I, Class II and agnates are absent then property 
will go to cognates. 
 Who are Cognates?
	 When	 two	 persons 	 ar e	 r elated	 by 	 blood 	 or 	 adoption 	 but 	 not	 wholly 	 through	 males, 	 they 	 ar e 	
called cognates.
 For example:
 P   ?   F   ?   FM   ?   FMF1
 Father of paternal grandmother i.e. FMF1 is a cognate as female (father’s mother) has intervened 
in between. In the above diagram, F is father of P , FM is mother of F and paternal grandmother 
of P , FMF1 is father of FM. Here, FMF1 is cognate to P as a female has intervened in between, 
i.e., father’s mother (FM).
B. Rules of intestate succession of a Hindu Female
 If a female Hindu dies intestate then heirs are divided into five categories. The heirs in earlier 
categories are preferred over the heirs in later categories. 
	 •	 The	 first 	 categor y 	 includes 	 husband, 	 son, 	 daug hter 	 and 	 childr en 	 of 	 a 	 pr e- 	 deceased 	 son 	 and	
daughter. 
	 •	 The	second 	 categor y 	 includes 	 heirs	of	the 	 husb and. 	
	 •	 F ather 	 and 	 mother 	fall 	 under 	 the 	third 	categor y . 	
	 •	 Heirs 	 of 	 father 	 and	mother	ar e 	cover ed 	 under	four th 	and 	 fifth 	categor y 	 r espectively .
C. Rules of intestate succession among Muslims
 There is no codified law for Muslims in the area of succession. They are governed by their 
religious texts.
 Rules of intestate succession among  Sunni Muslims
 Among Sunnis, heirs are divided into three categories i.e. 
	 •	 Shar ers 	(Quranic 	 heirs),	
	 •	 Residuaries	(agnatic 	 heirs),	 and
	 •	 Distant 	 kindr ed 	 (uterine 	heirs)
	 Shar ers	 ar e 	 the 	 most 	 pr efer r ed 	 heirs. 	 F irst 	 of 	 all, 	 shar ers 	 ar e 	 allotted 	 their 	 Quranic 	 shar es. 	 If 	
something is left behind after allotting shares to them, then, it goes to residuaries. If their shares 
exhaust the entire estate, then sharers exclude residuaries and distant kindred. The distant 
kindred are not entitled to succeed so long as there is any heir belonging to the class of sharers or 
residuaries. But there is one case in which distant kindred will inherit with the sharer: when there 
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is only one sharer i.e. the wife or husband of the deceased and no other sharer or residuary exist. 
 Rules of intestate succession among  Shia Muslims
 Among Shias, heirs are divided into two categories i.e.
	 •	 Heirs	 by 	consanguinity 	 and 	
	 •	 Heirs	 by 	mar riage	i.e.	husband 	 and	 wife
 Heirs by consanguinity
 Heirs by consanguinity are further subdivided into three classes: 
	 •	 Class	I 	 includes	 par ents	and	 childr en. 	
	 •	 Class	II	 includes 	 grandpar ents, 	 brothers 	and 	 si sters, 	and 	 their	descendants 	 etc. 	
	 •	 Class	 III 	 includes	 pater nal 	 and	 mater nal	 uncles 	 and 	 aunts 	 of 	 the 	 deceased,	 and 	 of 	 his	 par ents,	
grandparents etc. 
 Among the heirs by consanguinity, the first group excludes the second and the second group 
excludes the third. The claimants in both the categories i.e. heirs by consanguinity and heirs by 
marriage succeed together, if there are heirs of both the categories.
D. Rules of intestate succession under the Indian Succession Act, 1925
	 •	 The	 Indian	 Succession 	 Act,	 1925 	 is	 a 	 central 	 legislation 	 and 	 is 	 applicable	 to 	 ever y 	 person, 	
unless they are governed by any law particularly applicable to them. This Act is not applicable 
to Hindus and Muslims. Christians and Parsis are governed by this Act. 
 Rules of intestate succession among Christians under the Indian Succession Act, 1925:
	 •	 Among 	 Christians , 	 the 	 first 	 pr efer ence	 is 	 given	 to 	 the 	 spouse 	 of	 the 	 deceased	 and	 his 	
lineal descendants i.e. children, grandchildren, great grandchildren or their remoter lineal 
descendants. 
	 •	 Whe n 	 ther e 	 ar e 	 no 	 lineal	 descendants 	 then 	 proper ty 	 passes 	 on 	 to 	 the 	 spouse 	 of 	 the 	 deceased 	
and those who are kindred (consanguinity is the connection or relation of persons descended 
from the same stock or common ancestor) to him.
	 •	 If	 ther e 	 ar e 	 no 	 lineal 	 descendants	 or 	 one 	 who 	 is 	 kindr ed 	 to 	 him, 	 then 	 the 	 entir e	 proper ty 	 goes 	
to his or her spouse. 
	 •	 In 	 the 	 absence 	 of	 such	 a 	 spouse,	 proper ty 	 passes 	 on 	 to 	 lineal 	 descendants	 or 	 to 	 those 	 who 	
are kindred to him. 
 Rule of Escheat
 A rule of escheat is applicable in all the communities. If no heir is present then property goes to 
the Government by this rule.