Hindu Succession.doc

7/27/2019 Hindu Succession.doc

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HINDU SUCCESSION

ACT, 1956

Prof. Y.F.JAYA KUMAR,Department of Law,Osmania University.

E-mail: [email protected]


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W S1 S2 D

W SS1 SS2 W

SSS1 SSS2

M

FW


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What is coparcener ?co-parcenary is a small body with in

the joint family consisting of Common

ancestor and all his three male linealdescendants.

A coparcener has right to property

A coparcener has right to partition


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W S1 S2 D

W SS1 SS2 W

SSS1 SSS2

M

F

W


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The Hindu Succession ( AP amendment) Act 1986

Right to the Daughter in Co-Parcenary PropertyThe daughter of a co-parcener shall by birth become a copercener

in her own right in the same manner as the son and have

the same rights in the coparcener property to that of a son

Subject to the same liabilities and disabilities. (Sec 29A)

However, she is not entitled to the copercenary rights if her

marriage was solemnized before the commencement of TheHindu Succession ( AP amendment) Act 1986.( w.e.f. 05.09.1985)


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W S1 S2 D

W SS1 SS2 W

SSS SSS2

M

F W


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THE HINDU SUCCESSION ( AMENDMENT) ACT 2005

Daughter of a coparcener shall by birth becomes a coparcener in herown right the same manner as the son, subject to liabilities in therespective property

The Act came into force w.e.f. 9.9.2005.

The Amended Act is not applicable to the properties disposed or partitionedby 20.12.2004

Any property which a Hindu female entitled as coparcener shall beregarded as her own property with all rights of alienation


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If a Hindu dies after the commencement of this Act, his interest

in the joint family Shall devolve by testamentary orinterstate succession but not by rule of survivorship

There is a deemed partition of coparcener property as on the day of

death of a coparcener

The share of a pre-deceased son or pre-deceased daughter

goes to their surviving children

The sons pious obligation has been removed for

the debts incurred by his father on or after 09.09.2005

The concept of dwelling house has been abolished


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WHAT IS JOINT FAMILY PROPERTY ?

Ancestral property i.e. from F,FF,FFF

Members jointly acquired for the purpose of joint family

Separate property of a member blended into joint stock

Property acquired by a member with the help of joint family

funds


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WHAT IS SELF ACQUIRED PROPERTY

Property acquired with his own skill and labour

Property inherited from any person other than F, FF,FFF.

Property gifted to him by any person for his exclusive use

Property obtained in partition,provided that he has no child

Property gifted by the father with love and affection

Property acquired by the grants of government

Property under Gains of Learnings Act, 1930


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HOW PARTITION TAKES PLACE?

By the death of any coparcener By the agreement of members

By referring the matter to an arbitration

By filing Partition suits in civil court

WHAT PROPERTIES ARE LIABLE FOR PARTITION ?

All movable, immovable, tangible and intangible properties of

the joint family, which includes agricultural land, buildings,

ponds, staircases, passage, easement rights, family idols,places of worship & family ornaments


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WHAT ARE THE PROVISIONS TO BE MADE BEFORE PARTITION ?

All lawful debts of the family

Personal and lawful debts of the father

Maintenance of certain members of the family

Marriage expenses of certain dependants of the family

Indispensable duties to be performed by the family


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WHAT ARE THE SHARES OF COPARCENERS IF THE

PARTITION TAKES PLACE BY AN AGREEMENT?

W S1 (1/4) S2 (1/12) D (1/4)

W SS1(1/36) SS2 (1/12) W

SSS1 (1/36) SSS2(1/36)

M

F(1/4) W


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WHAT ARE THE SHARES OF COPARCENERS IF THE PARTITION TAKES PLACE BYTHE DEATH ?

W S1 (1/4) S2 (1/12) D (1/4)

W SS1(1/36) SS2 (1/12) W

SSS1 (1/36) SSS2(1/36)

M

[F(1/4)] W

F dies as an intestate leaving his 1/4th share in the joint family property,

therefore his interest shall be governed by The Hindu Succession Act, 1956


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WHAT ARE THE SHARES OF COPARCENERS IF THE PARTITION

TAKES PLACE BY THE DEATH ?

W [ S1 (1/4) ] S2 (1/12) D (1/4)

W SS1(1/36) SS2 (1/12) W

SSS1 (1/36) SSS2(1/36)

M

F(1/4) W

S1dies as an intestate leaving his 1/4th share in the joint family property,therefore his interest shall be governed by The Hindu Succession Act, 1956


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General rules of Succession in the case

of Hindu Male

1. Class I heirs2. Class II heirs( in the absence of class one heirs)

3. Agnates of the deceased ( in the absence of class two heirs)

4. Cognates of the deceased ( in the absence of agnates)

Order of succession

1. Class- I heirs takes simultaneously as per the branch & per-

capita2. ClassII heirs- first entry excludes the second entry, the

second entry excludes the third entry and so on in succession.

3. In case of agnates and cognates descendant prefer over

ascendant.


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CLASSI HEIRS OF A HINDU MALE

M

( P ) W

S (S) (S) D (D) (D) (D)

SW SS SD (SS) DS DD (DS) (DD)

SSW SSS SSD DSS DSD DDS DDD


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A Hindu dies an intestate after 09-09-2005, leaving

behind his interest in the joint family property worth

of 30 lakhs, self acquired property of 20 lakhs and

liabilities of 5 lakhs. This includes movable,immovable,tangible and intangible properties. At the time of his

death he is having all possible class-I heirs of the

Schedule of The Hindu Succession Act,1956.

Distribute the property among his legal heirs


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M(5L)

( P ) W (5L)

S( 5L) (S) (S) D(5L) (D) (D) (D)

SW SS SD (SS) DS DD (DS) (DD)

(1.67L) (1.66L) (1.66L) (2.5L) (2.5L)

SSW SSS SSD DSS DSD DDS DDD

(1.67L) (1.66L) (1.66L) (2.5L) (2.5L) (2.5L) (2.5


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CLASS- II HEIRS OF A HINDU

I. FatherII. (1) Sons daughters son,(2) Sons daughters daughter.(3)

brother, (4) Sister

III. (1) Daughters sons son,(2) daughters sons daughter,(3)

daughters daughters son,(4) daughters daughters

daughter.

IV. 1) Brothers son(2) Sisters son (3) brothers daughter (4)

sisters daughter

V. Fathers father, fathers mother

VI. Fathers widow, brothers widow

VII. Fathers brother, fathers sister

VIII.Mothers father, mothers mother

IX. Mothers brother, mothers sister.


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AGNATE

A person is said to be an agnate of another if the two are related by

blood or adoption wholly through males

Descending Agnates(1) S, SS,SSS,SSSS

(2) S,SS,SSD,

Ascending Agnates- (1) F,FF,FFF,FFFF

(2)F,FF,FFM

Collateral AgnatesBrother, brothers son, brothers sons son.


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COGNATES

A person is said to be a cognate of another if the two are related by

blood or adoption but not wholly through males.

Descending Cognates:- Sisters son, Sisters sons son.

Ascending Cognates:- Mothers mother, Mothers mothers mother

Collateral Cognates:- Mothers brothers son.


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SUCCESSION TO THE PROPERTY OF A HINDU FEMALE

Any property possessed by a female Hindu, whether acquired before or

after the commencement of this Act, shall be held by her as full owner

thereof and not as a limited owner. (Sec 14)

Sources of property

1. Property of her own, Self-acquired, Gifts, Stridhan, Grants & Arrears of

Maintenance etc.,2. Property acquired from her father or mother

3. Property acquired from her husband or father-in-law.


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General Rules of Succession

1. Sons, Daughters and the Husband( including children of pre-

deceased daughter or son)

2. Legal heirs of husband

3. Mother and Father

4. Legal heirs of Mother

However, in the absence of children the property received from her father

or mother shall devolve upon the legal heirs of the father. Similarly the

property received from the husband and father-in-law shall devolveupon the legal heirs of the husband


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Hindu Succession.doc