HINDU SUCCESSION ACT, 1956

Prof. Y.F.JAYA KUMAR, Department of Law, Osmania University. E-mail: yfj1957@yahoo.co.in

HINDU JOINT FAMILY (MITAKSHARA)

A Mitakshara Hindu Joint Family consisting of Common Ancestor , all his male lineal descendants, their wives, unmarried daughters and dependants of the family

Basic Characteristics of Hindu Joint Family

Unity of Ownership & worship Unity to Protect Community interest Prevention of Fragmentation of Agricultural Lands Common caring and sharing of responsibilities Right to Maintenance to the members of the family Right to devolution of property by Rule of Survivorship

M F
W S1 S2

W
D

SS1

SS2

SSS1

SSS2

What is coparcener ?
co-parcenary is a small body with in the joint family consisting of Common ancestor and all his three male lineal descendants. A coparcener has right to property A coparcener has right to partition

M
F
W S1 S2

W
D

SS1

SS2

SSS1

SSS2

The Hindu Succession ( AP amendment) Act 1986

Right to the Daughter in Co-Parcenary Property The 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 The Hindu Succession ( AP amendment) Act 1986.( w.e.f. 05.09.1985)

M
F
W S1 S2

W
D

SS1

SS2

SSS

SSS2

THE HINDU SUCCESSION ( AMENDMENT) ACT 2005

Daughter of a coparcener shall by birth becomes a coparcener in her

own right the same manner as the son, subject to liabilities in the respective property

The Act came into force w.e.f. 9.9.2005. The Amended Act is not applicable to the properties disposed or partitioned by 20.12.2004 Any property which a Hindu female entitled as coparcener shall be regarded as her own property with all rights of alienation

 If a Hindu dies after the commencement of this Act, his interest in the joint family Shall devolve by testamentary or interstate 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

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

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

HOW PARTITION TAKES PLACE?

By By By By the death of any coparcener the agreement of members referring the matter to an arbitration 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

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

WHAT ARE THE SHARES OF COPARCENERS IF THE PARTITION TAKES PLACE BY AN AGREEMENT?

M F(1/4)
W S1 (1/4) S2 (1/12)

W
D (1/4)

SS1(1/36)

SS2 (1/12)

SSS1 (1/36)

SSS2(1/36)

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

M [F(1/4)]
W S1 (1/4) S2 (1/12)

W
D (1/4)

SS1(1/36)

SS2 (1/12)

SSS1 (1/36)

SSS2(1/36)

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

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

M F(1/4)
W [ S1 (1/4) ] S2 (1/12)

W
D (1/4)

SS1(1/36)

SS2 (1/12)

SSS1 (1/36)

SSS2(1/36)

S1 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

General rules of Succession in the case of Hindu Male

1. 2. 3. 4. Class I heirs Class II heirs( in the absence of class one heirs) Agnates of the deceased ( in the absence of class two heirs) Cognates of the deceased ( in the absence of agnates)

Order of succession

1. Class- I heirs takes simultaneously as per the branch & percapita 2. Class II 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.

CLASS I HEIRS OF A HINDU MALE

M
(P) W

(S)

(S)

(D)

(D)

(D)

SW

SS SD

(SS)

DS

DD

(DS)

(DD)

SSW

SSS

SSD

DSS

DSD

DDS

DDD

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

M(5L)
(P) W (5L)

S( 5L)

(S)

(S)

D(5L)

(D)

(D)

(D)

SW SS SD (SS) (1.67L) (1.66L) (1.66L)

DS DD (DS) (2.5L) (2.5L)

(DD)

SSW SSS SSD (1.67L) (1.66L) (1.66L)

DSS DSD DDS DDD (2.5L) (2.5L) (2.5L) (2.5L

CLASS- II HEIRS OF A HINDU

I. Father II. (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.

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 Agnates Brother, brothers son, brothers sons son.

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.

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.

General Rules of Succession

1. Sons, Daughters and the Husband( including children of predeceased 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 devolve upon the legal heirs of the husband

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