Hindu Succession Act

Legal Framework of the Hindu Succession Act

• The Hindu Succession Act, 1956: It is a significant piece of legislation that governs the inheritance and succession rights of Hindus in India. This Act plays a crucial role in defining the principles and procedures related to the distribution of property among heirs.
• Historical Context: The Hindu Succession Act, 1956, marked a pivotal moment in India's legal history. Before its enactment, Hindu succession laws were governed by a complex mix of customs, traditions, and personal laws, resulting in ambiguity and disputes. The Act was a decisive step towards bringing uniformity and clarity to the inheritance and succession laws applicable to Hindus across India.
• Applicability: This Act applies to Hindus, Buddhists, Jains, and Sikhs. This broad scope ensures that the Act encompasses individuals from diverse religious backgrounds except Muslims, Christians, Parsis, and Jews.
• Intestate Succession: When a person dies without leaving a valid will (intestate), the Act provides rules for distributing their property. It introduces the concept of class I and class II heirs. Class I heirs include the deceased's sons, daughters, and widows. If there is no class I heir, class II heir, such as parents, siblings, and their descendants, become eligible for inheritance.
• Equal Rights: One of the most significant changes brought about by the Hindu Succession (Amendment) Act, 2005, is the elimination of gender-based discrimination in matters of succession. Previously, daughters had limited or no rights to inherit ancestral property. The Act grants daughters equal rights as sons in the inheritance of ancestral property.
• Right to Share: The Act ensures that women, whether married or unmarried, have a legal right to a share in their father's or husband's property. This provision empowers women to claim their rightful inheritance, even if they are married and live separately from their parents' household.
• Coparcenary Property: The Act addresses the concept of coparcenary property, which includes ancestral property and joint family property. Hindu Succession (Amendment) Act, 2005 grants equal rights to daughters in coparcenary property, treating them on par with sons. This means that daughters can now have an equal share in ancestral property and have the same rights and responsibilities as sons in managing and disposing of this property.
• Testamentary Succession: The Act allows individuals to create wills to distribute their property as per their wishes. However, to make a valid will, the person must have the legal capacity to do so. This provision enables individuals to specify who will inherit their property, ensuring it is passed on to their chosen heirs or beneficiaries.
• Debts and Charges: The Act stipulates that before distributing property among heirs, any outstanding debts or charges on the property must be settled. This ensures that the distribution of assets is fair and equitable after all financial obligations have been settled.

Significant Amendments 

• Section 6: Transfer of Interest in coparcenary property, earlier, only male members of Hindu undivided families were entitled to inherit the property by birth. Following the 2005 amendment, daughters are now acknowledged as coparceners by birth, on the same basis as sons. They hold the same rights and obligations in ancestral properties as sons do.
• Section 6(1): Daughters now have equal rights as sons in ancestral properties.
• Section 6(3): When an ancestor passes away, their share in the property is transferred through will or intestate succession, rather than by any survivorship.
• Section 4(2) (Omitted): Before the amendment of 2005, agricultural land was not included under the Act and was governed by state laws. The amendment extended the coverage of the Act to agrarian land, encouraging gender equality in the inheritance of such properties.
• Propose Amendments
  • The Hindu Succession (Amendment) Bill, 2023: This introduces mandatory modifications to the 1956 Act, aiming to address gender inequalities and expand the rights of inheritance for groups that were previously marginalized. Key provisions are
    • Inclusion of Scheduled Tribes: The bill recommends amending Section 2 to make the Act applicable to members of Scheduled Tribes. Earlier scheduled tribes were not covered under Section 2(2) unless the Central Government issued a notification to that effect. The proposed amendment ensures equal rights of inheritance for individuals of scheduled tribes, without disparities based on gender, in accordance with the constitutional principle of equality (Article 14).
    • Revisions of Sections 15 and 16: The bill modifies the succession orders for the estate of a deceased female Hindu.
      • First- Sons, daughters, children of predeceased sons or daughters, non-remarried daughter-in-law, and husband
      • Second- Parents (mother and father)
      • Third- Heirs of the mother 
      • Fourth- Heirs of the father
      • Fifth- Heirs of the husband
    • Unmarried Daughter-in-law: Undeniably acknowledged as heirs, addressing their exclusion under existing legislation.

Key Features and Impact

• The amendment significantly improved gender equality in property rights by placing daughters on par with sons as co-sharers in family property.
• In 2008, the Supreme Court clarified that the amendment had a retrospective effect. This means that a daughter can claim a co-shareship even if her father was not alive on 9 September 2005.
• Additionally, the amendment applies to all partition cases filed before 2005 that were unresolved at the time the law was amended.
• These amendments align with the principles of equality and justice enshrined in Articles 14, 15, and 21 of the Indian Constitution. 

Non-Compliance with the Act

• Daughters' Rights: When a daughter is unfairly denied a share, it signifies a violation of the Act, and she has the option to approach the court to assert her entitlement. The court can then order the division of property.
• Transfer of Property: If the property of a deceased Hindu is illegally transferred or sold by someone else without permission, this is a clear violation. The legal heirs have the right and option to file a civil suit in court to set aside the transaction, and the court may decree the property returned to the correct and rightful heirs. However, criminal proceedings can be commenced for fraud.
• Right of Widow: As per the amendment of 1986, a widow can get a share in the deceased husband’s estate. If she is unjustly denied, this violates her right under the Act. A widow has a right to approach the court to claim her share in the estate. If she is unlawfully evicted, the court may compel her to restore or assign the rights in the property in her favour.
• Unlawful Partition: The Act grants coparceners the power to seek a partition of ancestral property. If a coparcener is barred from participating in the partition procedure or if, for any reason, partition is not conducted in accordance with lawful standards, this constitutes non-compliance. The aggrieved coparcener has the right to file a suit in court for partition, and the court will issue a decree that the property be divided in a lawful manner.
• Accurate Procedures for Will: For a 'Will' to be considered valid under the Act, it should be documented in written form, signed by the testator, and at least 2 individual witnesses are mandatory. Failing to comply with these processes may result in the Will being considered invalid. A contest might lead to disputes among heirs. If the Will is deemed invalid because of improper execution, the estate will be assigned among heirs as per the intestate succession provision of the Act.
• Lawfully Entitled Heirs: Under the Act, certain heirs, like sons, widows, and daughters, have the right to claim an estate. Barring a lawfully entitled person without a valid reason signifies a violation of the law. The affected heir can opt for inheritance proceedings in court, and the court may compel inclusion in the distribution of the estate as per the Act.
• Rules of Intestate Succession: When a Hindu person passes away without a documented Will, the division of property must comply with the intestate regulations specified in the Act. Non-compliance occurs when the property is distributed unfairly to the correct heirs, such as when one group of heirs favors another, or when some heirs are neglected. The aggrieved heir can claim the distribution in court, which will generally order the suitable lawful allocation of the estate following the heir hierarchy specified by the Act.
• Rights of Agnates and Cognates: In circumstances where there are no class I or II heirs, the Act permits inheritance by agnates and cognates. If denied, affected heirs can seek lawful recourse to claim their portions, and the court will ensure that the distribution of property aligns with the applicable lawful orders of succession.

Procedure for Filing a Suit and Seeking Relief

• Legal Assistance: Before commencing a civil suit, it is essential to consult with an experienced advocate who specializes in inheritance or property law. 
• Documentation and Evidence: The lawyer will assist the claimant with the mandatory documents and evidence required to validate the case, which may include birth certificates, marriage certificates, and other documents establishing familial connections. Documents related to Property, like deeds, any relevant Wills, or legal documents. Evidence of the assets and liabilities of the deceased.
• Drafting a Plaint: The plaint should consist of more information about both the plaintiff and the defendant, as well as the facts of the case, including the contested property, the relationship between the plaintiff and the deceased, and the reasoning behind the plaintiff’s claim to a property share, along with the relief sought, 
• Court Jurisdiction: The lawsuit should be filed in the court that holds jurisdiction over the matter. For inheritance claims arising from the act, the suit is generally commenced in the Civil Court that regulates the area where the property is situated. A nominal fee is needed when filing a civil suit, which is based on the value of the property or the claim amount. 
• Issuance of Summons: Once the plaint is submitted, the court issues a summons to the defendant directing their appearance in court to address the case. The defendant is given a specific timeline of 30 days to lodge a written statement. The summons may be delivered by a process server or by mail.
• Written Statement: The defendant must submit a written statement stating the response to the claims made by the plaintiff. This written response should be challenging or acknowledging the facts presented in the plaint. Details of defences the defendant possesses, stating why the plaintiff is not entitled to the property. Inclusive of any counterclaims, if needed. 
• Framing of Issues: After the written statement is submitted, the court will state the matters based on the pleadings. Issues are critical questions of law and fact that must be solved in the case.
• Evidence and Presentation: Both parties to the suit present their evidence, along with the testimony of their witnesses. The counsels for the parties have the right to cross-examine the witnesses and counter the documents and evidence. 
• Arguments and Judgement: After presenting the evidence, both parties will present their arguments. The plaintiff will argue their claim to the property under the act, while the defendant will argue against the plaintiff’s right. The court will hear the arguments of both parties, analyze the evidence, and render a judgment with a decree. 
• Process of Appeal: If either party is not satisfied with the decision, they may file an appeal to a higher court within one month. The appeal must state the grounds on which the lower court made an error in law or fact.

How Can Seasoned Advocates Help You?

• Legal Assistance: Clarify your legal rights, including what you’re eligible for concerning property and inheritance. Also, evaluate the case by assessing the strengths of your case and examining facts, the availability of evidence, and relevant legal precedents. 
• Expert Drafting: Ensures the plaint is correctly crafted, clearly highlighting the facts, legal basis, and the relief sought. Well-framed documents are mandatory for a successful claim. Additionally, guide you in drafting a written statement if you are a defendant or in responding to any accusations against you.
• Negotiation and Settlement: In inheritance disputes, pursuing a settlement or mediation may be a more suitable option than a lengthy trial. Can guide you in reaching an agreement outside the court with ADR, if appropriate and possible. 
  
• Representation in Court: Ensures all deadlines are complied with, documents are submitted timely, and the case proceeds smoothly. Confirm that the suit is lodged in the appropriate court and that lawful protocols are followed. 
• Assistance on Appeals and Post-Judgment Actions
  • Appeals: If the judgment of the case is unsatisfactory or against you.
  • Execution: Following the judgment, filing an application for the execution of the decree.

Conclusion  

The Hindu Succession Act, 1956, is a crucial piece of legislation that governs the inheritance and property succession for Hindus, Sikhs, Buddhists, and Jains in India. It states the guidelines for intestate succession, by making a prior class I heir, such as a son, daughter, or widow. Over time, the Act has adapted to address gender disparities and safeguard the rights of all legal heirs, encouraging more equitable inheritance practices. To know more, contact us.