Succession (though not defined anywhere in the statutory law) is the transmission of rights and obligation in an estate, of a deceased person to his heir or heirs, The Louisiana civil code defines it as the process by which the heirs take the estate of the deceased, in other words, it is the right of a legal heir to step into the shoes of the deceased, with respect of possession control, enjoyment, administration, and settlement of all the latter’s property, rights, obligations, charges, etc. Therefore in a nutshell, succession is a process of devolution of interest in a property (movable or immovable) from a deceased to its legal heirs or representative.
Rules for devolution of property of a Male Intestate
On the death of an intestate, the property shall first devolve to class I heirs, as long as a single class I heir is present, the property will not go to heirs in class II category. In the absence of a class II heir category, the property shall devolve upon heirs in class III or agnates which primarily comprises the leftover heir who are blood relatives of the intestate related to him through a whole male chain of relatives. If in case there is no heir present in class III, the interest in the property shall devolve upon any other blood relative of the intestate.
It is significant to note that the provisions of the act or any schedule to that effect does not put a full stop so far as the heirs are concerned, hence in absence of a near relative a person may be eligible to inherit its property. If he can trace his blood relation to the deceased however distant he or she may be. This was a significant change as in the old regime before this act only four generations were recognized but now the limitation on the degree has been removed.
Class 1 Heirs
The Hindu Succession Act groups the heirs of a male Hindu into four categories and lays down that his/her inheritable property devolves firstly upon the heirs specified in Class I which are as under:
- Sons
- Daughters
- Widow
- Mother
- Son of a pre-deceased son
- Daughter of a pre-deceased son
- Son of a pre-deceased daughter
- Daughter of a pre-deceased daughter
- Widow of a pre-deceased son
- Son of a pre-deceased son of a pre-deceased son
- Daughter of a pre-deceased son of a pre-deceased son
- Widow of a pre-deceased son of a pre-deceased son
- Son of a predeceased daughter of a predeceased daughter
- Daughter of a deceased daughter of a predeceased daughter
- Daughter of a predeceased son of a predeceased daughter
- Daughter of a predeceased daughter of predeceased son
All these heirs inherit simultaneously and to the exclusion of other heirs. In the absence of any of the heirs in this category, the property devolves upon the enumerated heirs specified in class II.
Class 2 Heirs
The devolution in Class II heirs is made in the absence of any heir in Class I and in such a manner that heirs specified in a particular entry share equally. For this purpose if more than one heir is specified in a single entry, they share the property simultaneously and equally to the exclusion of those specified in subsequent entries. Class 2 heirs include:
- Father
- Sons daughter’s son
- Sons daughter’s daughter
- Brother
- Sister
- Daughters son’s son
- Daughters son’s daughter
- Daughters daughter’s son
- Daughters Daughter’s daughter
- Brothers son
- Sisters son
- Brothers daughter
- Sisters daughter
- Fathers father
- Fathers mother
- Fathers widow
- Brothers widow
- Fathers brother
- Fathers sister
- Mothers father
- Mothers mother
- Mothers brother
- Mothers sister
Agnates
In case a hindu male passes away intestate and leaves no class 1 or class 2 heirs, then the property would devolve on agnates. A person is said to be an agnate of another if the two are related by blood or adoption wholly through males. Agnate relationship does not extend to relationship by marriage and is restricted to relationship by blood. Also, agnate does not include widows of lineal descendants of the intestate.
Cognates
If a Hindu male passes away without a Will and has no class 1 or class 2 heirs or agnates, then the succession would be through cognates. Cognates are ones who are related to the intestate by blood or adoption but not wholly, through males. Thus mother’s brother’s son and brother’s daughters son are cognates, eligible for heirship.
FAQs
How is property distributed after the death of a Hindu male under the Hindu Succession Act?
Under the Hindu Succession Act, 1956, the distribution of a Hindu male’s property after death depends on whether the property is self-acquired or ancestral, and whether the deceased had a will. If there is no will, the property is distributed according to the rules of intestate succession.
What is the difference between self-acquired property and ancestral property?
- Self-acquired Property: This is property that a Hindu male acquires through his own efforts or purchase. He has full rights to bequeath or distribute it as he wishes.
- Ancestral Property: This is property inherited from ancestors, which is held in a common stock of the family. It is subject to the laws governing Hindu inheritance and succession.