The Hindu Succession Act, 1956 governs the rules of intestate succession (succession without a will) among Hindus, including Buddhists, Jains, and Sikhs. The Act codifies the law relating to the succession and inheritance of property among Hindus and ensures a uniform system.

1. Applicability:

The Act applies to:

• Any person who is a Hindu by religion (including Virashaiva, Lingayat, Brahmo, Prarthana, or Arya Samaj followers),
• Buddhists, Jains, and Sikhs,
• Illegitimate children of Hindus (for succession to their mother’s property).

It does not apply to Muslims, Christians, Parsis, or Jews.

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2. Succession in Case of Male Hindu (Dying Intestate):

Under Section 8, property of a male Hindu dying intestate devolves upon the following heirs, in order of priority:

(i) Class I Heirs – Section 10

These include:

• Widow,
• Sons and daughters,
• Mother,
• Heirs of predeceased children (e.g., son of a predeceased son).

They all inherit simultaneously and equally.

(ii) Class II Heirs – Section 11

If no Class I heir is available, the property goes to Class II heirs, such as:

• Father,
• Siblings,
• Siblings’ children,
• Grandparents, etc., in a specified order of precedence.

(iii) Agnates and Cognates – Sections 12 and 13

• If no Class I or II heirs exist, property devolves on agnates (relatives through male lineage), and then on cognates (relatives not entirely through male lineage).

(iv) Escheat – Section 29

If there are no heirs, the property escheats to the government.

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3. Succession in Case of Female Hindu (Dying Intestate):

Under Section 15, the property of a Hindu female dying intestate devolves in the following order:

(i) Self-acquired Property – Section 15(1)

The order of succession is:

1. Sons, daughters, and husband;
2. Heirs of husband;
3. Heirs of father;
4. Heirs of mother.

(ii) Inherited Property from Parents or Husband – Section 15(2)

If a Hindu woman inherits property:

• From her father or mother: It goes to heirs of her father if she dies without issue.
• From her husband or father-in-law: It goes to heirs of her husband if she dies without issue.

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4. General Principles of Succession – Section 18 to 28:

These sections lay down the following key rules:

• Full ownership: After the 2005 amendment, daughters are co-parceners in joint family property, with equal rights as sons.
• No discrimination based on gender.
• Doctrine of representation: Descendants of predeceased heirs can inherit in place of the deceased.
• Simultaneous heirs inherit equally.

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5. Amendments:

• The Hindu Succession (Amendment) Act, 2005 was a landmark change granting equal rights to daughters as sons in ancestral property and coparcenary rights.

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6. Conclusion:

The Hindu Succession Act, 1956 provides a clear hierarchy and system of inheritance for Hindus, balancing traditional norms with modern principles of equality and justice. The 2005 amendment further brought gender equality in inheritance laws by giving daughters coparcenary rights.