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Inheritance and Succession | Family Law - CLAT PG PDF Download

Introduction

  • The Hindu Succession Act of 1956 addresses property rights and inheritance, outlining the rights of both males and females in acquiring property.
  • Section 2 of the Act specifies its applicability to Hindus, Jains, Buddhists, and Sikhs, while excluding Muslims, Christians, Parsis, and Jews, unless proven otherwise. The Act does not apply to Scheduled Tribes.

Inheritance and Succession | Family Law - CLAT PG

Important Changes in the Hindu Succession Act, 1956

The Hindu Succession Act, 1956, introduced significant changes in Hindu intestate succession, establishing a uniform law of succession across India. The key changes are as follows:

1. Changes in the Hindu Joint Family 

  • Under the old law, a coparcener could not write a will regarding their share in the joint family property. However, Section 30 of the Hindu Succession Act allows a coparcener to write a will concerning their property.
  • Previously, upon the death of a coparcener, the principle of survivorship applied, meaning the property would pass to the remaining coparceners. The widow, daughter, or daughter's daughter of a deceased coparcener could not inherit their share in the joint family property. However, Section 6 of the Hindu Succession Act allows the widow, daughter, and others to inherit the deceased coparcener's share, effectively abolishing the principle of survivorship.

2. Abolition of Sapindas Relationship 

  • The old sapindas relationship was abolished, replaced by the love and affection theory, allowing both males and females to inherit the property of the deceased based on principles of justice.
  • Previously, the law discriminated between male and female heirs in inheritance. Females were excluded from inheritance rights, with only a limited right known as the widow's estate or limited estate. Widows could not sell or gift the property, and after their death, the property would revert to the deceased husband's relatives.
  • The Hindu Succession Act abolished these restrictions, granting females equal inheritance rights with males.

3. Removal of Disqualifications 

  • The old law disqualified certain individuals from inheritance, including lunatics, idiots, and unchaste widows. These disqualifications were removed under the Hindu Succession Act.

4. Separate Property of Male Propositus 

  • The old law did not recognize simultaneous succession of different types of heirs. Now, class I heirs (son, daughter, widow, and mother) can inherit the deceased's property simultaneously and in equal proportions.
  • Simultaneous succession is limited to class I heirs, while class II heirs, agnates, and cognates cannot inherit when class I heirs are present. The old preferential succession among classes is still recognized, with agnates inheriting in the absence of class I and class II heirs

5. Changes in Illegitimate Sons 

  • Under the old law, the right of succession for illegitimate sons varied by school and caste. Now, illegitimate sons are recognized only in relation to their mother and have no claim to the father's property.
  • The position of illegitimate sons has been simplified, and they cannot claim inheritance as heirs. Similarly, the illegitimate son of a legitimate son has no rights to the grandfather or grandmother's property. However, the legitimate son of an illegitimate son can claim rights to the grandmother's property alone.

6. Consanguine and Uterine Blood Relations 

  • The Succession Act restricts heirship to blood relations only. Consanguinity was recognized in the old law, while uterine blood relationships were not acknowledged. The current Act recognizes uterine relations as well, provided they are legitimate or adopted, not illegitimate.
  • Consanguinity refers to relationships arising from one husband having multiple wives, while uterine relationships involve a wife having more than one husband and the relationship of children among themselves in such cases.

7. Other Changes 
(1) Female heirs, except in Bombay, now receive absolute estates instead of life estates.
(2) The doctrine of representation, previously limited to sons, grandsons, and great-grandsons of pre-deceased sons, is now extended to daughters and their descendants.
(3) The previous degree limits for cognatic relationships have been removed, allowing for greater inclusivity in inheritance.
(4) The limits for agnate relationships have also been eliminated.
(5) The Act has abolished impartible estates, except those created by statute.
(6) The Act does not apply to properties of individuals married under the Special Marriage Act, 1954.
(7) The Act does not apply to Mitakshara coparcenary property, but when a coparcener dies leaving female heirs specified in class I of the Act or male relatives claiming through such female relatives, the ancestor's property is subject to the rules of inheritance under the Act, and coparcenership is abolished.
(8) The Act eliminates the distinction between male and female heirs.
(9) A male Hindu can dispose of an heir's interest in Mitakshara coparcenary property by will.

Question for Inheritance and Succession
Try yourself:
Which of the following changes was introduced by the Hindu Succession Act of 1956 regarding the inheritance of joint family property?
View Solution

Kinds of Property under Hindu Succession Act 1956

According to the Hindu Succession Act 1956, there are two kinds of property:

  1. Ancestral Property:  This type of property is passed down through four generations of the male lineage, and the property must be undivided during this time.
  2. Self-acquired Property:  These properties are bought by an individual with their own earnings and without the assistance of family funds. Property acquired through a will is also considered self-acquired property.

Dipo v. Wassan Singh & Others 

  • A person who inherits property from his immediate paternal ancestors up to three lines holds it in coparcenary. To other relations, he holds it as absolute property. Therefore, property inherited from any other relation becomes his separate property.
  • The scope of the Hindu Succession Act 1956 covers the division of ancestral property in a Hindu joint family. In a Hindu joint family, there are members and co-parceners.

Members and Co-Parceners 

The basic structure of any Hindu joint family comprises the Karta or head of the family, his wife, son, daughter, daughter-in-law, son-in-law, grandson, etc. All of them are members of the family but not co-parceners.

In Case of Males
If a male dies intestate, the property would go to:

  1. Class I heirs:  This class consists of the deceased's wife, son, and daughter, who have the first claim on the property.
  2. Class II heirs:  In the absence of Class I heirs, the property can be claimed by Class II heirs, which include the deceased's father, siblings, siblings' children, and living children's children.
  3. Class III heirs:  In the absence of Class I and Class II heirs, the property can pass down to Class III heirs, known as Agnates or distant blood relatives of the male lineage.
  4. Class IV heirs:  In the absence of Class I, Class II, and Agnates, the property can be claimed by Cognates or distant blood relatives of the female lineage.

Son 

  • The term 'son' includes both a natural-born son and an adopted son, but does not include a stepson or illegitimate child. In the case of  Kanagavalli v. Saroja AIR 2002 Mad 73  , the court held that a son born of a void or voidable marriage, which is declared annulled by the court, is a legitimate child and will inherit the property of his father. 
  • A son has absolute interest in the property, and his son cannot claim birthright in it. Therefore, 'son' does not include grandson, but does include a posthumous son.

Daughter 

  • The term 'daughter' includes a natural or adopted daughter, but not a stepdaughter or illegitimate daughter. A daughter born of a void or voidable marriage annulled by the court is considered a legitimate daughter and is eligible to inherit her father's property. 
  • The marital status, financial position, or other factors of the daughter are not considered. The share of the daughter is equal to that of the son.

Widow 

  • The widow receives a share equal to that of the son. If there is more than one widow, they collectively take one share equal to the son's share and divide it equally among themselves. 
  • The widow must be from a valid marriage. In the case of  Ramkali v. Mahila Shyamwati AIR 2000 MP 288  , it was ruled that a woman in a voidable or void marriage, whose marriage was nullified by the court upon the husband's death, is not considered his widow and does not have rights to inherit his property.
  • If the widow of a deceased son, widow of a deceased son's son, or widow of a brother has remarried, she will no longer be referred to as 'widow' and will not have inheritance rights.
  • If none of the Class I heirs claim the property, then Class II heirs are next in line to inherit.

Class III heirs 

  • This consists of the agnates of the deceased. Class III heirs only inherit the property when none from the earlier classes gets the property.
  • An agnate is a person who is related to the intestate only through male relatives. An agnate can be a male or a female.

Rules of preference among agnates 

  • Each generation is referred to as a degree. The first degree is intestate.
  • Degrees of ascent mean ancestral or upwards directions.
  • Degrees of descent means in the descendants or downwards direction.
  • Where an agnate has both ascent and descent degrees, each has to be considered separately.
  • An agnate having descent degree will be preferred over the one having ascent degree.
  • When two agnates have ascent and descent degrees, the one having lesser number of ascent degrees will be preferred.

Class IV heirs 

  • A cognate (Class IV) is someone who is related to the intestate through mixed relatives, regardless of sex. For example, an intestate's paternal aunt's son is his cognate, while his paternal uncle's daughter is an agnate.
  • In summary, the property of a Hindu male devolves in the following manner:

In Case of Females

If a female dies intestate, her property goes to:

  1. Husband, Son, Daughter:  The first claim on the property goes to her husband, son, and daughter.
  2. Heirs of the Husband:  If the above claimants are absent, the property goes to the heirs of the husband.
  3. Parents:  If there are no claimants from the above categories, the property passes to the parents of the deceased.
  4. Heirs of the Father:  The fourth claimants of the property are the heirs of the father.
  5. Heirs of the Mother:  The fifth claimants of the property are the heirs of the mother.

If any property is inherited by a female Hindu from her father or mother and there is no son or daughter of the deceased (including a child of a predeceased son or daughter), the property shall devolve in favor of the heirs of the father.

Similarly, if any property is inherited by a female Hindu from her husband or her father-in-law, and there is no son or daughter of the deceased (including a child of a predeceased son or daughter), it shall devolve in favor of the heirs of the husband.

Cases That Clarified This Confusion 

  • The case of  Prakash & others vs Phulavati &others  , which came in 2016, dealt with the above question of whether this law would have a retrospective effec
  • t or not. This case was headed by a two-judge bench, Justice Anil Dave and Justice A K Goel in the Supreme Court, and they held that the rights under this amendment would be available to those daughters whose fathers were living on the date of enforcement of this amendment. This has been declared a landmark judgment as it held that only living daughters of living coparceners are entitled to the property.
  • The second case regarding the same question came up in 2018. In the case of  Danamma vs Amar  , the Supreme Court was headed by a two-judge bench- Justice AK Sikri and Justice Ashok Bhushan. This time, it was held that the rights under the 2005 amendment would be applicable to the daughter even if the father is not alive on the enforcement date of the amendment. This made both daughters and sons equally liable for the property, and this right is given to both of them since birth.

Question for Inheritance and Succession
Try yourself:
Which heirs are classified as Class III heirs under the Hindu Succession Act 1956?
View Solution

Conclusion

  • In the case of  Vineeta Sharma vs Rakesh Sharma  , a significant legal milestone was achieved by clarifying property rights. The court's decision established that  both sons and daughters have equal rights and liabilities over property  , regardless of whether the father was alive in 2005. This ruling led to an  equal division of property among heirs  .
  • The amendment brought about by this case marked a crucial societal shift, enhancing  women's rights  and promoting gender equality in inheritance matters.

Stridhan

Stridhan refers to a woman's property, as indicated by the term itself, meaning "Dhan (wealth) of the 'Stri' (woman)." 
Inheritance and Succession | Family Law - CLAT PG

Stridhan According to Smritis

According to ancient texts called Smritis, Stridhan is categorized into six types by Manu:

  • Gifts made before the nuptial fire:  Gifts offered in the presence of the sacred fire during the wedding ceremony.
  • Gifts made at the bridal procession:  Gifts given during the procession when the bride is taken from her parents' home to her husband's home.
  • Gifts made in token of love:  Gifts given out of affection.
  • Gifts made by the father:  Gifts provided by the bride's father.
  • Gifts made by the mother:  Gifts given by the bride's mother.
  • Gifts made by the brother:  Gifts offered by the bride's brother.

The first type, gifts made before the nuptial fire, is explained by Katyayana as  adhyagni  , while the second type is described as gifts made through affection by her father-in-law and mother-in-law.

Katyayana further elaborates on the third type of Stridhan, differentiating between gifts made out of affection by her father-in-law and mother-in-law  (pritidatta)  and those given when she pays respects to her elders  (padvandanika)  .

However, commentators agree that Manu's list is not exhaustive. Vishnu adds several more types of Stridhan:

  • Gifts made by a husband to his wife when taking a second wife  (adhive danika)  .
  • Gifts made after marriage.
  •  Sulka  , the gratuity for which a girl is given in marriage or the bride's price.
  • Gifts from sons and relatives.

Question for Inheritance and Succession
Try yourself:
Which of the following is NOT considered a type of Stridhan according to ancient texts?
View Solution

Gifts Before and After Marriage 

The second type of Stridhan, as explained by Katyayana, includes gifts made after marriage by the relatives of the bride and groom  (anwadheyaka)  . Katyayana's definitions of  adhyagni  gifts (before the nuptial fire) and  adhyavahanika  gifts (as part of the bridal procession) are broad enough to encompass gifts from strangers before marriage.

Exclusions from Stridhan 

  • Katyayana explicitly excludes from Stridhan gifts made by strangers during marriage and property acquired by a woman during marriage through mechanical means. Such acquisitions are subject to the husband's dominion. The term "husband's dominion" indicates that gains from arts and gifts from strangers during maidenhood or widowhood are not excluded from Stridhan.
  • According to Katyayana, Stridhan includes gifts obtained by a woman from her relatives, her ornaments, and apparel. Gifts from strangers are limited to those given before the nuptial fire and during the bridal procession. Gifts from strangers at any other time and acquisitions by labor and skill do not constitute Stridhan.

Vijnaneshwar's Commentary on Stridhan 
In his commentary, Vijnaneshwar, the author of Mitakshara, explains Stridhan as follows:

  • Gifts from the father, mother, husband, and brother, as well as presents from maternal uncles and others at the time of marriage before the nuptial fire.
  • Gifts on a second marriage or gratuity due to supersession.
  • Property obtained through inheritance, purchase, position, seizure (e.g., adverse possession), finding, and judicial processes.

Judicial Trend Towards Stridhan 

Pratibha Rani v. Suraj Kumar 

  • The Supreme Court observed that  Pratibha Rani  was tormented and denied stridhana by her in-laws.
  • Pratibha Rani's parents fulfilled the demands of her in-laws by giving gold ornaments, Rs 60,000 cash, and other items to her husband's family.
  • Shortly after marriage, her in-laws started harassing her for dowry and expelled her from the house along with her two minor children without providing any money for their survival.
  • Pratibha lodged complaints against her husband and in-laws under Section 125 of the Code of Criminal Procedure, 1973.
  • The lower court favored her, but the High Court reversed the judgment.
  • Ultimately, the Supreme Court ruled in her favor.
  • The Court stated that joint holding of stridhana property by the husband does not constitute co-ownership.
  • A woman can file a suit against her husband for denying the return of stridhana property under Section 14 of the Hindu Succession Act, 1956, and Section 27 of the Hindu Marriage Act, 1955.
  • The Pratibha Rani case is significant for discussing stridhana and the applicability of Section 405 of the Indian Penal Code, 1860.

Bhai Sher Jang Singh v. Smt. Virinder Kaur 

  • In this case, the Punjab & Haryana High Court ruled that if a woman claims property, ornaments, money, etc., given to her at the time of marriage, her husband and his family members are obligated to return such property.
  • If they refuse to return the property, they may face strict punishment.
  • The Court found that Bhai Sher Jang Singh and his family committed an offense under Section 406 for criminal breach of trust by dishonestly misappropriating the ornaments, which were the stridhana given to her husband for safekeeping.

Santosh v. Saarswathibai 

  • In this case, the scope of  Section 14(1)  of the Hindu Succession Act was broadened to include not only land in the possession of a Hindu female but also land over which she has the right to possess.

Question for Inheritance and Succession
Try yourself:
What type of gifts are excluded from Stridhan according to the text?
View Solution

Conclusion 

  • The enactment of the  Hindu Succession Act  marks a significant advancement in strengthening the property rights of Hindu women.
  • This Act provides women with certain privileges that have been denied to them for decades, representing a substantial step in the defense of women's rights by abolishing the disability of women to acquire and hold land as absolute owners.
  •  Section 14  of the Hindu Succession Act, 1956, serves as a crucial safeguard for women, particularly Hindu women, by granting them rights that were historically denied.
  • This section eliminates the disability of females to acquire and hold property as absolute owners and converts any estate held by a woman on the commencement date of the Act from limited ownership to absolute ownership.
  • In the event of intestate death, the woman becomes a fresh stock of descent, and the property devolves by succession on her own heirs.

Gifts

Introduction 

  • Gifts involve giving up one's own right in property  (without consideration)  and creating a right for another person. A gift is considered complete only when the recipient accepts it.

Inheritance and Succession | Family Law - CLAT PGWhat Property May Be Gifted? 

  • Separate or Self-Acquired Property:  This includes property governed by either the Mitakshara or Dayabhaga school of Hindu law.
  • Dayabhaga Law:  All property, whether separate or joint, can be gifted under Dayabhaga law.
  • Ancestral Property:  Property in the hands of a sole surviving coparcener.
  • Impartible Property:  Can be gifted unless there is a special custom or terms of tenure prohibiting its alienation.
  • Stridhana Property:  Property of a female which is her absolute property.
  • Inherited Property:  Small portions of property inherited by a widow, movable property inherited or obtained by way of a share on partition under the Mayukha.
  • Coparcenary Property:  Small portions of coparcenary property in the hands of a father.

Types of Gifts 

  •  Gift Deed:  A legal document that outlines the details of the gift, including the identities of the donor and donee, and a description of the gifted property.
  •  Gift Without Deed:  A verbal or informal gift where no written document is created. However, it is crucial to establish the donor's intention to give and the donee's acceptance.

Gift of Immovable Property 

  •  Gift of Immovable Property:  The transfer of ownership of land, buildings, or other structures permanently attached to the ground.
  •  Registration Requirement:  Gifts of immovable property must be documented through a registered gift deed to be legally valid and enforceable.

Gift of Movable Property 

  •  Gift of Movable Property:  The transfer of ownership of physical items that are not permanently affixed to land, such as vehicles, jewelry, furniture, and electronics.
  •  Delivery of Possession:  For a gift of movable property to be valid, the donor must deliver possession of the item to the donee. This can be done through physical transfer or, in some cases, symbolic representation of the item.

Gift to Minor 

  •  Gift to Minor:  When a gift is made to a minor, it is important to ensure that the gift is for the minor's benefit and that a legal guardian manages the gift until the minor reaches adulthood.
  •  Legal Guardian's Role:  A legal guardian may be appointed to manage the gift on behalf of the minor until they attain legal capacity to handle the gift themselves.

Revocation of Gift 

  •  Revocation of Gift:  Under Hindu law, a valid gift once made cannot be revoked. However, a gift made with the intent to defeat or defraud creditors is voidable at the option of the creditors.

Question for Inheritance and Succession
Try yourself:
What type of property can be gifted under the Dayabhaga law?
View Solution

Testamentary Succession 

  • Testamentary succession refers to the transfer of property through a Will or Testament. According to Hindu Law, both males and females have the right to create a Will to designate how their property or assets will be distributed after their death. The Will is legally binding and enforceable.
  • It's important to note that property is transferred according to the instructions outlined in the Will, rather than through default inheritance laws. If the Will is deemed invalid or illegal, the distribution of property follows the rules of inheritance. Testamentary succession is sometimes called the right of inheritance.

Proof of Death 

  • To allow inheritance, proof of death is necessary. The executor must provide precise details about the date and place of death to obtain confirmation, and this proof is required if challenged. Under the Registration of Births, Deaths and Marriages Act 1965, an extract from the Register of deaths serves as sufficient evidence of death, although it is not conclusive proof.

Unworthy Heirs

  • An unworthy heir is someone who has killed another person from whom they would inherit. If proven guilty of murder or culpable homicide in court, the unworthy heir cannot inherit from the estate. In the case of Re Cripeen, a husband who killed his wife was set to inherit her legacy, which he would then bequeath to his mistress.
  • The wife's family objected and took the matter to court, leading to the ruling that the husband would be considered to predecease the wife. As a result, her estate went into intestacy, and her family inherited her property. The same principle applies in cases where the accused is convicted of culpable homicide. For instance, in the case of Smith Petitioner, a wife convicted of her husband's culpable homicide was denied any benefit from his estate.

 Common Terms related to Testamentary Succession under Hindu Law 

  • Will:  A legal document created by an individual outlining their wishes regarding the distribution of property and assets after death.
  • Testator:  The person who creates a Will.
  • Executor:  A person designated by the Testator to carry out the instructions in the Will.
  • Administrator:  A person appointed by the Court to execute the Will in the absence of an Executor.
  • Attestation of Will:  The process of having two witnesses sign the Will to verify the Testator's signature.
  • Codicil:  A legal document made by the Testator to make minor changes to an already executed Will, signed by two witnesses.
  • Probate:  Documentary evidence establishing the Executor's appointment and the Will's validity.
  • Letter of Administration:  A certificate issued by the Court appointing an Administrator to execute the Will.

Why is having a Will Important? 

  • A Will is crucial to ensure that legal heirs remain united and avoid disputes over property after one's death. A fair division of property is sensitive and can either strengthen or damage relationships.
  • By creating a clear Will, the testator outlines their wishes regarding asset distribution among legal heirs. It specifies how, to whom, and how much property will be transferred to different heirs.
  • Without a Will, property division follows intestate succession, which can lead to conflicts. Therefore, having a well-defined Will is essential for maintaining family harmony after death.

Question for Inheritance and Succession
Try yourself:
What legal document is created by an individual to outline their wishes regarding the distribution of property and assets after death?
View Solution

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FAQs on Inheritance and Succession - Family Law - CLAT PG

1. What are the important changes made in the Hindu Succession Act, 1956?
Ans. The important changes in the Hindu Succession Act, 1956 include amendments that provide equal rights to daughters in ancestral property, recognizing them as coparceners. The 2005 amendment specifically granted daughters the same rights as sons, allowing them to inherit property by birth and ensuring their equal status in the family hierarchy.
2. What types of property are recognized under the Hindu Succession Act, 1956?
Ans. The Hindu Succession Act, 1956 recognizes two main kinds of property: ancestral property and self-acquired property. Ancestral property is inherited from ancestors and is shared among co-parceners, while self-acquired property is owned by an individual who has the right to dispose of it as they wish.
3. Who qualifies as a member and co-parcener under the Hindu Succession Act?
Ans. Under the Hindu Succession Act, a co-parcener is a person who has an equal share in the ancestral property by birth. Traditionally, this included sons and, after the 2005 amendment, daughters as well. Members may include other relatives, but co-parceners specifically have rights to the ancestral property.
4. What judicial cases have clarified the confusion regarding the Hindu Succession Act?
Ans. Several landmark cases, such as the "Vishaka vs. State of Rajasthan" and "Prakash vs. Phulavati" have clarified issues related to the rights of daughters in ancestral property, reinforcing their entitlement as co-parceners and establishing that they can claim equal rights in the family property.
5. What is Stridhan, and how is it treated under inheritance and succession laws?
Ans. Stridhan refers to the property and gifts that are given to a woman at the time of her marriage, and it is her exclusive property. Under inheritance and succession laws, Stridhan is recognized as a woman's own property, which she can manage and dispose of as she wishes, ensuring her financial independence and security.
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Nov 23, 2024 Last updated
Document Description: Inheritance and Succession for CLAT PG 2024 is part of Family Law preparation. The notes and questions for Inheritance and Succession have been prepared according to the CLAT PG exam syllabus. Information about Inheritance and Succession covers topics like Important Changes in the Hindu Succession Act, 1956, Kinds of Property under Hindu Succession Act 1956, Members and Co-Parceners , Cases That Clarified This Confusion , Conclusion, Stridhan, Gifts Before and After Marriage , Judicial Trend Towards Stridhan , Conclusion , Gifts, Types of Gifts , Testamentary Succession , Unworthy Heirs, Why is having a Will Important?  and Inheritance and Succession Example, for CLAT PG 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises and tests below for Inheritance and Succession.
Introduction of Inheritance and Succession in English is available as part of our Family Law for CLAT PG & Inheritance and Succession in Hindi for Family Law course. Download more important topics related with notes, lectures and mock test series for CLAT PG Exam by signing up for free. CLAT PG: Inheritance and Succession | Family Law - CLAT PG
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