In Layman Language Succession means inheritance of a title office or power from one after another in time, in simple words it means transfer of title or ownership of office or power from one party/generation to another.
In the context of Property Succession is a kind of transfer of title to property of descendent under the law. The transfer of legal or official power from an individual who formally held them to another who undertakes current responsibilities to execute those powers.
If someone wants to define the Succession then he Can Define Succession as “The Statutory Rules of inheritance of dead person’s estate when the property is not given by the terms of a will, also considered as law of Descent and Distribution”.
Also Read – Hindu Women’s Inheritance Rights – Influence Of The British In The Indian Subcontinent
Succession of property is done through types namely Testamentary Succession and the Second one is Intestate Succession. In Testamentary Succession is also known as Will, it is kind of Succession which is fixed and determined at the moment of a Decedent’s Death. In General, a Document is prepared on the will of Decedent that how he/she wants to allocate his/her property after his/her death. If there is No Testamentary Succession is then the Intestate Succession takes place. In General Sense Intestate means when a person dies without making a will, which is capable of taking effect. In Intestate Succession, the transfer of Title of Property is done at that place where they did not have Will of Deceased person.
Under Hindu Succession Act, 1956 if a Hindu male dies then the tittle of ownership of his property is done into following classes
(I) Class 1 Heir
- Widow
- Mother
- Son/Daughter
- Son/Daughter of Pre-Deceased Son [Grand Children]
- Son/Daughter of Pre-Deceased Daughter [Grand Children]
- Widow of pre-deceased son
- Son/daughter of predeceased son of a pre-deceased son (great-grandchildren)
- Widow of a pre-deceased son of a pre-deceased son
- Son of a pre-deceased daughter of a pre-deceased daughter
- Daughter of a pre-deceased daughter of a pre-deceased daughter
- Daughter of a pre-deceased son of a pre-deceased daughter
- Daughter of a pre-deceased daughter of a pre-deceased son
(II) Class 2 heir
- Father
- Son’s daughter, son/daughter, brother and sister
- Daughter’s Son’s son/daughter, daughter’s daughter’s son/daughter
- Brother’s son/daughter and sisters son/daughter
- Father’s father/mother
- Father’s widow and brother’s widow
- Father’s brother/sister
- Mother’s father/mother
- Mother’s brother/sister
(III) Agnates
- A male or female descendant by male links from a common ancestor or relative through male lineage is called agnates.
- Ascendant agnates are always preferable than descendant agnates.
- If there are no agnates, then the property will be given to the cognate of the deceased person.
(IV) Cognate
- One person is said to be a cognate of another if the two are related by blood or adoption but not wholly through males.[there should be at least one female link]
- If there are no cognates too, then all the property of the deceased person will go the government.
In Context of Coparcenery property Succession is done Differently. Coparcenery Refers to equal inheritance that was restricted only to male members of the Hindu Undivided Family. It is a narrow body of individuals within a joint family. The coparceners have jointly inherited the property and have a unity of possession.
Members or Coparceners are counted up to 4 generation:
- Father’s Father’s Father[Great Grandfather]
- Father’s Father [Grandfather]
- Father
- Person
- Son
- Son’s Son [Grand Son]
- Son’s Son’s Son [Great Grandson]
For the Creation of Coparcenery normally a common Ancestor is necessary still the coparcenary could continue to exist in his absence. In any coparcenary system whenever a coparcener is born, acquires an interest by under his birth.
Read – Who is a Hindu? State The Categories of Persons To Whom Hindu Law Applies
As a remedy of Coparcenery Provision of Property of a Hindu female included under Section 14 of the Act, it states that ‘property of a female Hindu to be her absolute property’ this statement is based on Sub Clause of Section 14 which are as follows:
- 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 limitation.
- Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a decree or order of a civil court or an award where the terms of a gift, will or other instrument or decree order or award determine a restricted estate in such property.
By undertaking the abovementioned information of Succession Some General rules of succession were made and Introduced through Hindu Succession Act, 1956, which are based on the point of view of male and female which are as follows:
In the case of a male (Section 08)
The property of a Hindu male who dies without doing Testamentary Succession then the Succession of property is done according to the following provisions:
- Firstly, upon the heirs, being the relatives specified in class 1 of the schedule.
- If there is no heir of class 1, then upon the heirs, being the relatives specified in class 2 of the schedule
- If there is no heir of any of the two classes, then upon the agnates of the deceased.
- If there is no agnate, then upon the cognate of the deceased.
In the case of a female –
The property of a Hindu Female who dies without doing Testamentary Succession then the Succession of property is done according to the following provisions:
- Upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband.
- Upon the heirs of the husband.
- Upon the heirs of the father
- Upon the heirs of the mother
This Article Is Authored By Krishna Vyas, Student of B.B.A. LL.B, Jai Narain Vyas University, Jodhpur
