Introduction 

• The term succession is not defined anywhere in the Hindu Succession Act, 1956 (HSA).  
• In general, succession can be defined as transmission of rights and obligation in an estate, of a deceased person to his heir or heirs. 
• This Act applies to Hindus, Buddhists, Jains, and Sikhs, but not to Muslims, Christians, Parsis, or Jews. 

Types of Succession 

• Intestate Succession: 
  • This kind of succession applies when a Hindu dies without leaving a will. 
  • The interstate property is distributed among legal heirs according to the Act. 
• Testamentary Succession: 
  • It is based on a valid will left by the deceased. 
  • It allows the person to determine how their property will be distributed.

Types of Property

• Coparcenary Property: 
  • Any Joint family property which is inherited by birth is a coparcenary property. 
  • This property also includes daughters as coparceners (since 2005 amendment).
• Separate Property: 
  • An individually owned property is known as Separate Property. 
  • This kind of property follows different rules of succession than coparcenary property.
• Property of a Female Hindu: 
  • Under this special rule apply for property inherited by a woman. 
  • It also includes concepts like Stridhan (woman's property).

What are the General Rules of Succession?

• Section 18: Full blood preferred to half blood   
  • This section states that relatives of full blood are given preference over half blood if the same degree. 
  • Two people are of full blood if they share both parents. 
  • They are of half-blood if they share only one parent. 
• Section 19: Mode of succession of two or more heirs 
  • It states that if two heirs succeed together in a interstate property the distribution of the property shall be: 
    • As per capita and not per stirpes except as otherwise provided. 
    • As tenants-in-common and not as joint owners.
• Section 20: Right of Child in Womb:
  • This section states that right of an unborn child when the interstate dies before his or her birth. 
  • According to this section the unborn child will have same rights as if he or she would have if he or she had been born before the death of the interstate. 
  • The rights shall be vested on the date of death of an interstate to the unborn child. 
• Section 21: Presumption in cases of simultaneous deaths 
  • When two persons died together, it shall be presumed that the younger survived the elder for the purpose of determining succession in the property.
• Section 22: Preferential right to acquire property in certain cases
  • This section states that Where, after the commencement of this Act, an interest in any immovable property of an intestate, or in any business carried on by him or her, whether solely or in conjunction with others, devolves upon two or more heirs specified in class I of the Schedule, and any one of such heirs proposes to transfer his or her interest in the property or business, the other heirs shall have a preferential right to acquire the interest proposed to be transferred. 
  • Sub section (2) states that the consideration for which any interest in the property of the deceased may be transferred under this section shall, in the absence of any agreement between the parties, be determined by the court on application being made to it in this behalf, and if any person proposing to acquire the interest is not willing to acquire it for the consideration so determined, such person shall be liable to pay all costs of or incident to the application. 
  • Sub section (3) states that if there are two or more heirs specified in class I of the Schedule proposing to acquire any interest under this section, that heir who offers the highest consideration for the transfer shall be preferred.
• Section 25: Murderer disqualified 
  • This section states that a person who has committed or abetted murder shall not be eligible for inheriting property of the murdered person or any other property in succession of the murdered person.
• Section 26: Convert’s descendants disqualified 
  • This section states that when Where, before or after the commencement of this Act, a Hindu has ceased or ceases to be a Hindu by conversion to another religion, children born to him or her after such conversion and their descendants shall be disqualified from inheriting the property of any of their Hindu relatives, unless such children or descendants are Hindus at the time when the succession opens.
• Section 27: Succession when heir disqualified. 
  • This section states that if any person is disqualified from inheriting any property under this Act, it shall devolve as if such person had died before the intestate.
• Section 28: Disease, defect, etc., not to disqualify 
  • This section states that no person shall be disqualified from succeeding to any property on the ground of any disease, defect or deformity, or save as provided in this Act, on any other ground whatsoever.

Conclusion

The general rules of succession have significantly changed the landscape of property inheritance for Hindus in India, promoting gender equality and ensuring a more balanced distribution of assets among heirs. The law aims to provide a more equitable distribution of property among heirs, moving away from traditional patriarchal systems. In the absence of a will, the property is distributed according to these statutory rules.