Unit 5:-  Codified Law III

           5.1 Succession to property of a Hindu male dying intestate (Without Will)

          5.2 Succession to property of a Hindu female dying intestate (Without Will)

          5.3 Disqualifications relating to succession 

          5.4 General Rules of Succession

 

Unit 5: Codified Law III (Intestate Succession)

5.1 Succession to Property of a Hindu Male Dying Intestate

(Sections 8 to 13)

Introduction & Definition

When a Hindu male dies without a Will (Intestate), his separate property (and his share in the coparcenary property) devolves according to the specific hierarchy laid down in Section 8. The law prefers immediate family (Class I) over distant relatives.

Statutory Provisions

• Section 8: General rules of succession in the case of males.
• Section 9: Order of succession among heirs in the Schedule.
• Section 10: Distribution of property among heirs in Class I.
• The Schedule: Lists Class I and Class II heirs.

Essential Ingredients (The Hierarchy)

Section 8 lays down four categories of heirs. The property goes to the first category; if no one is there, it goes to the second, and so on.

1. Class I Heirs: (The “Preferred Heirs”).
   • They take the property simultaneously and to the exclusion of all others.
   • List (16 Heirs): Son, Daughter, Widow, Mother, Son of a pre-deceased son, Daughter of a pre-deceased son, etc.
   • Note: Father is NOT a Class I heir (he is Class II).
2. Class II Heirs: (If no Class I heir exists).
   • Divided into 9 Entries (I to IX).
   • Entry I: Father.
   • Entry II: Son’s Daughter’s Son, Brother, Sister.
   • Rule: Heirs in Entry I exclude Entry II, Entry II excludes Entry III, and so on. Heirs within an entry share equally.
3. Agnates: (If no Class I or Class II heir exists).
   • Relatives connected wholly through males (e.g., Father’s brother’s son).
4. Cognates: (If no Agnate exists).
   • Relatives connected through at least one female (e.g., Sister’s son).

Rules of Distribution (Section 10)

For Class I heirs:

• Rule 1: The Widow(s) takes one share. (If there are 2 widows, they together take one share).
• Rule 2: The surviving Sons and Daughters and the Mother each take one share.
• Rule 3: The heirs in the branch of each pre-deceased son or daughter take the share that the pre-deceased person would have taken (Doctrine of Representation).

Landmark Case Laws

1. Gurupad v. Hirabai (1978)

• Issue: How to calculate the share of a widow in coparcenary property?
• Judgment: The SC applied the concept of “Notional Partition.” Before the husband died, imagine a partition took place. He would have gotten a share. That share is what devolves upon his heirs (including the widow).

2. CWT v. Chander Sen (1986)

• Issue: Is property inherited by a son from his father “Ancestral” or “Separate”?
• Judgment: The SC held that under Section 8, property inherited by a son from his father is his Separate Property (individual property), not Joint Family Property. His own son (grandson of deceased) has no birthright in it.

5.2 Succession to Property of a Hindu Female Dying Intestate

(Sections 15 & 16)

Introduction & Definition

The rules for a female dying intestate are completely different. The law looks at the Source of Property to decide who inherits. This was done to ensure property stays within the “bloodline” of the source (parents vs. husband).

Statutory Provisions

• Section 15: General rules of succession in the case of female Hindus.
• Section 16: Order of succession and manner of distribution.

Essential Ingredients (Section 15)

General Rule (Section 15(1)):

Property devolves in the following order:

1. Entry (a): Sons and daughters (including children of pre-deceased son/daughter) and the Husband.
2. Entry (b): Heirs of the Husband.
3. Entry (c): Mother and Father.
4. Entry (d): Heirs of the Father.
5. Entry (e): Heirs of the Mother.

Exceptions (Section 15(2)): Crucial for Exams

Even if heirs exist in Entry (a), the source matters:

1. Inherited from Parents: If a female dies without children (or grandchildren), property inherited from her Father or Mother goes back to the Heirs of the Father (not to the husband).
2. Inherited from Husband/In-laws: If she dies without children, property inherited from her Husband or Father-in-law goes back to the Heirs of the Husband (not to her parents).

Comparison: Male vs. Female Succession

Feature	Hindu Male (Sec 8)	Hindu Female (Sec 15)
Primary Heirs	Class I (Son, Daughter, Widow, Mother).	Son, Daughter, Husband.
Father’s Position	Class II Heir (Postponed by Class I).	Can be a primary heir if no children/husband exist (depends on source).
Source of Property	Irrelevant.	Highly relevant (Parents vs. Husband).
Husband’s Heirs	Irrelevant.	Can inherit if she has no children.

Landmark Case Laws

1. Bhagat Ram v. Teja Singh (2002)

• Facts: A female inherited property from her mother. She died issueless (without children). Her sister claimed the property (Heir of Father). Her husband’s brother also claimed it.
• Judgment: The SC applied Section 15(2)(a). Since she inherited from her mother and died issueless, the property reverted to the Heirs of the Father (her sister), excluding the husband’s relatives.

2. Om Prakash v. Radhacharan (2009)

• Facts: A young widow (Narayani) was driven out by her in-laws. She lived with her parents, educated herself, and amassed huge wealth. She died intestate. The in-laws claimed her self-acquired property.
• Judgment: The SC strictly interpreted Section 15(1). For Self-Acquired Property, the heirs of the husband (Entry b) have priority over her own parents (Entry c). The “cruel” in-laws inherited her entire property. Critique: This judgment is legally correct but morally questioned.

5.3 Disqualifications Relating to Succession

(Sections 24 to 28)

Introduction & Definition

Even if a person is the nearest heir, they can be disqualified from inheriting property on specific grounds. The HSA, 1956 significantly reduced the number of disqualifications compared to ancient law (which disqualified the blind, deaf, dumb, etc.).

Statutory Provisions

• Section 25: Murderer disqualified.
• Section 26: Convert’s descendants disqualified.
• Section 28: Disease, defect, etc., not to be a ground.

Essential Ingredients

1. Murderer (Section 25):
   • A person who commits murder or abets the commission of murder of the deceased is disqualified from inheriting their property.
   • Principle: No one should benefit from their own wrong (Nemo ex suo delicto meliorem suam conditionem facere potest).
2. Convert’s Descendants (Section 26):
   • If a Hindu converts to another religion (Islam/Christianity), he himself is NOT disqualified.
   • However, children born to him AFTER conversion (and their descendants) are disqualified from inheriting from their Hindu relatives, unless they are Hindus at the time the succession opens.
3. No Other Grounds (Section 28): No person shall be disqualified on the ground of any disease (e.g., Leprosy), defect (e.g., blindness), or deformity. Even unchastity of a widow is not a ground for disqualification under this Act.

Note on Section 24: This section (disqualifying certain widows on remarriage) was repealed by the Amendment Act of 2005. Now, a widow who remarries can inherit her deceased husband’s property.

Landmark Case Laws

1. Vellikannu v. R. Singaperumal (2005)

• Facts: A son murdered his father.
• Issue: Can the son’s wife claim the share?
• Judgment: The SC held that the murderer is treated as “non-existent” (civil death). Since he is disqualified, he cannot form a “stock of descent.” Therefore, his wife/son cannot claim through him.

5.4 General Rules of Succession

(Sections 18 to 21)

These are interpretive rules used to solve conflicts or specific situations.

1. Full Blood Preferred to Half Blood (Section 18)

• Full Blood: Same father, same mother.
• Half Blood: Same father, different mothers.
• Uterine Blood: Same mother, different fathers.
• Rule: Heirs related to the deceased by full blood are preferred over heirs related by half blood, if the nature of relationship is the same.
• Example: A full brother excludes a half-brother. But a half-brother is preferred over a full cousin (because the relationship nature is different).

2. Mode of Succession (Section 19)

• If two or more heirs succeed together (e.g., two sons), they take the property:
  1. Per Capita: (Per head). Each gets an equal share.
  2. Tenants-in-Common: They take separate distinct shares, not as joint tenants (no survivorship).

3. Right of Child in Womb (Section 20)

• A child who was in the womb at the time of the death of the intestate and who is subsequently born alive usually has the same right to inherit as if he/she had been born before the death.
• Condition: Must be born alive.

4. Simultaneous Death (Section 21)

• If two persons (e.g., Father and Son) die in circumstances (like a plane crash) where it is impossible to tell who died first, the law presumes that the younger survived the elder.
• Impact: The property flows from Elder -> Younger -> Younger’s heirs.

Exam-Style Conclusion

The Hindu Succession Act, 1956, creates a comprehensive scheme for intestate succession. For males, it prioritizes the immediate family (Class I) and agnatic ties. For females, it creates a unique source-based devolution, ensuring property returns to the family from which it came (Parents or Husband) in the absence of children. Section 25 (Murderer) remains the most critical disqualification to remember.