Introduction
The Hindu Succession Act, 1956 provides rules for the division and inheritance of ancestral property in a Hindu joint family. It determines who has rights in the property when a person dies without leaving a will.
The Act also explains the order of heirs and recognises the rights of both men and women in property inheritance.
Meaning / Definition
Division of ancestral property refers to the distribution of joint family property among eligible family members according to the rules of Hindu succession.
In a Hindu joint family there are:
- Members – persons who belong to the family.
- Coparceners – members who have a birth right in joint family property.
A typical Hindu joint family includes the Karta (head of the family), his wife, sons, daughters, daughters-in-law, grandchildren and other relatives. However, not all members are coparceners.
Modes or Types
Members and Coparceners
All persons in the family are called members, but only certain members are coparceners.
Coparceners are those who have a legal right by birth to claim a share in ancestral property.
After the 2005 amendment to the Hindu Succession Act, both sons and daughters are recognised as coparceners.
Succession When a Hindu Male Dies Intestate
When a Hindu male dies intestate (without leaving a will), his property is distributed in the following order.
Class I Heirs
Class I heirs have the first claim on the property.
They include:
- Son
- Daughter
- Widow
- Mother
All Class I heirs inherit simultaneously and in equal shares.
Class II Heirs
If no Class I heirs exist, the property goes to Class II heirs.
These include:
- Father
- Brother and sister
- Children of brothers and sisters
- Other close relatives
Class III Heirs (Agnates)
If there are no Class I or Class II heirs, the property goes to agnates.
An agnate is a person related to the deceased only through male relatives. The agnate may be male or female.
Class IV Heirs (Cognates)
If there are no agnates, the property goes to cognates.
A cognate is a person related to the deceased through both male and female relatives.
Succession When a Hindu Female Dies Intestate
When a Hindu woman dies without leaving a will, her property devolves in the following order:
- Husband, son and daughter
- Heirs of the husband
- Mother and father
- Heirs of the father
- Heirs of the mother
Special rules apply in certain situations.
If a woman inherited property from her father or mother, and she dies without children, the property will return to the heirs of her father.
If she inherited property from her husband or father-in-law, and she dies without children, the property will go to the heirs of her husband.
Rights of Son
The term son includes:
- Natural born son
- Adopted son
It does not include a stepson or illegitimate child.
However, a child born from a void or voidable marriage (marriage later declared invalid by court) may still be treated as legitimate for inheritance purposes.
Rights of Daughter
The term daughter includes:
- Natural daughter
- Adopted daughter
It does not include stepdaughter or illegitimate daughter.
A daughter has equal inheritance rights as a son, regardless of her marital status or financial condition.
Rights of Widow
A widow inherits a share equal to the share of a son.
If there are multiple widows, they collectively receive one share equal to that of a son and divide it among themselves.
A woman whose marriage is declared void or invalid cannot claim the status of widow for inheritance.
Important Case Law
Kanagavalli v. Saroja (AIR 2002 Mad 73)
The court held that a child born from a void or voidable marriage declared invalid by court is still considered legitimate for inheritance purposes.
Such a child can inherit the property of the father.
Ramkali v. Mahila Shyamwati (AIR 2000 MP 288)
The court held that a woman whose marriage is declared void or voidable cannot claim the status of a widow and therefore cannot inherit the property of the deceased husband.
Kalyan Kumar Bhattacharjee v. Pratibha Chakraborty (AIR 2010 Gau)
The court held that if a Hindu male dies unmarried and without Class I heirs, the property will pass to Class II heirs.
Prakash v. Phulavati (2016)
The Supreme Court held that daughters would get coparcenary rights only if both the daughter and the father were alive on the date of the 2005 amendment.
Danamma v. Amar (2018)
The Supreme Court held that daughters could inherit coparcenary property even if the father was not alive at the time of the amendment.
Vineeta Sharma v. Rakesh Sharma (2020)
The Supreme Court finally clarified the law and held that daughters have equal coparcenary rights by birth, just like sons.
The right of the daughter does not depend on whether the father was alive in 2005.
Distinction / Comparison
Agnates vs Cognates
| Basis | Agnates | Cognates |
|---|---|---|
| Relationship | Related through male relatives only | Related through male or female relatives |
| Example | Father’s brother’s son | Father’s sister’s son |
| Order of succession | Preferred before cognates | Inherit only if no agnates exist |
Practical Example
Suppose a Hindu man dies without leaving a will and is survived by his wife, son and daughter.
All three are Class I heirs.
Therefore, the ancestral property will be divided equally among the three persons.
If no Class I heirs existed, the property would pass to Class II heirs, such as the father or siblings.
Summary
- The Hindu Succession Act provides rules for division of ancestral property.
- In a Hindu joint family there are members and coparceners.
- Coparceners have birth rights in ancestral property.
- Property of a male dying intestate first goes to Class I heirs.
- If Class I heirs do not exist, the property goes to Class II heirs, then agnates, and finally cognates.
- Daughters have equal coparcenary rights as sons after the 2005 amendment.
- The Supreme Court in Vineeta Sharma v. Rakesh Sharma confirmed that daughters have equal rights in ancestral property by birth.