Hindu Succession Act, 1956: Is it gender equal?

The Hindu Succession Act, of 1956 is a key piece of legislation in India that governs inheritance and succession among Hindus, Sikhs, Jains, and Buddhists. Over the years the act has seen various changes through Supreme Court judgements and amendments. Read here to learn more.

Introduced to codify and modernize inheritance rules under Hindu law, the Act provides a comprehensive framework for property distribution and the legal rights of heirs.

The legislation was groundbreaking for its time, as it extended inheritance rights to women, although with certain limitations.

The Supreme Court recently asserted that the established norms of Hindu society should not be challenged solely for financial gain, as it observed that the Hindu Succession Act of 1956, which prioritises a woman’s husband’s family over her parents in inheritance matters if she dies intestate (without a will), is not an issue of gender inequality.

Hindu Succession Act, 1956

The act lays down a comprehensive system for succession and inheritance and deals with intestate or unwilled succession.

In Hindu personal law, property devolution under the Mitakshara and Dayabhaga schools varies significantly, particularly in how they handle joint family property and succession.

Mitakshara School

The Mitakshara School, one of the two main schools of Hindu law, primarily operates in all parts of India except West Bengal and Assam. It outlines two methods of property devolution:

1. Devolution by Survivorship:
   • This rule applies to joint family property or coparcenary property (property inherited by male descendants in an unbroken male lineage).
   • When a coparcener (member of a joint family) passes away, their share in the property does not pass to their heirs but instead is distributed among the surviving coparceners.
   • This rule emphasizes the joint family structure, where all coparceners have a shared interest in the family property.
2. Devolution by Succession:
   • Succession rules under the Mitakshara school apply to separate property, i.e., property acquired individually and held separately by a person.
   • In such cases, the property devolves upon the heirs according to the rules of succession under the Hindu Succession Act of 1956, prioritizing the individual’s lineal descendants, spouse, and parents.

Dayabhaga School

In contrast, the Dayabhaga School, followed in West Bengal and Assam, does not recognize the rule of survivorship. Its approach is distinct in that succession is the only mode of property devolution:

• According to Dayabhaga principles, coparcenary property is treated similarly to separate property, with heirs inheriting shares individually rather than automatically transferring to surviving members of a coparcenary.
• This system allows each family member to have a more individual interest in the property, departing from the collective nature of Mitakshara law.

Key provisions of the Hindu Succession Act, 1956

• Classification of Heirs:
  • The Act classifies heirs into Class I and Class II categories:
    • Class I heirs include immediate family members like sons, daughters, widows, and mothers, who inherit equally.
    • Class II heirs include more distant relatives, such as siblings and their descendants, who inherit only if there are no Class I heirs.
  • In cases where there are no Class I or Class II heirs, the property goes to agnates (blood relatives on the father’s side) and then to cognates (blood relatives on the mother’s side).
• Rights of Women:
  • The Act was one of the first Indian laws to provide women with inheritance rights, allowing daughters to inherit equally with sons.
  • Widows are also entitled to inherit their husbands’ property. However, the initial Act restricted women’s rights to ancestral property, especially in joint Hindu families governed by Mitakshara law (a traditional legal system within Hinduism).
• Separate and Ancestral Property:
  • The Act distinguishes between separate or self-acquired property and ancestral property (property inherited from ancestors up to four generations).
  • Upon the death of an individual, the self-acquired property is inherited by legal heirs according to the Act, while ancestral property typically follows rules of coparcenary inheritance under traditional law.
• Applicability of act:
  • Hindus by religion, including Virashaivas, Lingayats, Brahmos, Prarthna Samajists, and Arya Samaj followers.
  • Buddhists, Sikhs, and Jains by religion.
  • Persons who are not Muslim, Christian, Parsi, or Jewish unless it is proved that Hindu law or custom does not govern them.
  • The Act extends across India but does not automatically apply to Scheduled Tribes as per Article 366 of the Constitution unless notified by the Central Government.
• Amendment in 2005:
  • A major amendment in 2005 enhanced the rights of daughters by giving them equal coparcenary rights in ancestral property, thus enabling them to be treated on par with sons within the Hindu Undivided Family (HUF) structure.
  • This amendment marked a progressive step by providing daughters with a share in the ancestral property by birth and giving them equal rights to partition and ownership in the joint family property.
• Devolution of Property:
  • The Act specifies the order of succession for various categories of property (self-acquired and ancestral). In case of a Hindu man’s death without a will, his property devolves to Class I heirs first.
  • For Hindu women, property acquired by a woman from her father or husband devolves differently depending on whether she dies with or without heirs.

Also Read: Right by birth: On daughters and succession act- The Hindu

Key Provisions for Intestate Succession

• Class I and Class II Heirs (For Males):
  • If a Hindu male dies intestate, his property is distributed to Class I heirs, who include the widow, children, mother, and lineal descendants of predeceased children. These heirs share the estate equally.
  • If no Class I heirs are present, Class II heirs (such as father, grandchildren, siblings, and other relatives) inherit the property, following a specific order of priority.
• Property Rights of Female Intestate (Section 15):
  • For a Hindu female, property acquired before or after marriage is distributed among her husband, children, and heirs of her husband upon her intestate death. If no such heirs are present, it may go to her parents.
  • Property she inherits from her father or mother goes to her father’s heirs, while property from her husband or father-in-law is distributed to her husband’s heirs.
• Coparcenary and Ancestral Property:
  • The 2005 amendment allows daughters to be coparceners in a Hindu Undivided Family (HUF), giving them equal rights to ancestral property, similar to sons. This change means daughters can claim property in their father’s HUF and pass it on to their heirs, regardless of marital status.
• Surviving Spouse Rights:
  • The surviving spouse is a primary heir and is entitled to an equal share in the deceased’s estate along with the children or other Class I heirs. This provision ensures the widow’s right to inherit a portion of her husband’s property.
• Rules of Succession (Section 10):
  • Property is divided equally among heirs in the same class. If multiple generations are involved (e.g., children and grandchildren of a deceased son), they inherit per stirpes (by branch), ensuring descendants of predeceased children are represented equally.

Criticisms and Reforms

Despite its progressive nature, the Hindu Succession Act has faced criticism, especially concerning gender equity and the rights of daughters within the joint family system.

The 2005 amendment significantly addressed this, although practical implementation still faces challenges due to societal and family pressures, as well as procedural and legal hurdles.

In 2023, A Member of Parliament urged the government to issue a notification that would include women from the Scheduled Tribe community in the inheritance rights provisions of the Hindu Succession Amendment Act, 2005.

• Section 2(2) of the Act excludes these women, which results in the denial of their equal rights to inherit their father’s or Hindu Undivided Family (HUF) properties.

Conclusion

The Act continues to play a crucial role in balancing traditional Hindu inheritance practices with modern views on gender equality and individual rights.

For Muslims, the inheritance is governed by the Muslim Personal Law (Shariat) Application Act, of 1973 and in the case of Christians, Parsis and Jews, the Indian Succession Act, of 1925 is applicable.

The Supreme Court’s recent decision upholding the inheritance provisions under the Hindu Succession Act, 1956 has sparked significant debate on inheritance laws in India.

The Court’s ruling emphasizes cultural norms, historical contexts, and legislative consistency rather than interpreting inheritance as a matter purely of gender equity.

This decision upholds the distinction between male and female heirs in traditional family structures within the framework of Hindu succession law.

Frequently Asked Questions (FAQs)

Q. What are the main features of the Hindu Succession Act, of 1956?

Ans: The Act brought about revolutionary changes in the old Hindu Law. It was enacted to amend and codify the law relating to intestate succession amongst Hindus. Because of the Act, all female heirs were conferred equal rights in the matter of succession and inheritance with that of the male heirs.

-Article by Swathi Satish