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).

Classes of Heirs

• Class I Heirs:  
  • They receive priority in intestate succession. 
  • It Includes children, spouse, mother, and certain others.
• Class II Heirs:
  • They inherit only if there are no Class I heirs. 
  • It includes father, siblings, and other relatives.
• Agnates:
  • Those who are related through male lineage are agnates. 
  • They Inherit property after Class I and II heirs.
• Cognates:
  • Those who are related through female lineage are cognates. 
  • They inherit after agnates.

What are the General Rules of Succession in Males? 

• Section 8: General Rules of Succession for Males:  
  • It applies to property of a male Hindu dying intestate. 
  • It specifies order of succession: Class I heirs, then Class II, then Agnates, then Cognates 
  • In this Class I heirs inherit simultaneously and to the exclusion of other heirs.
• Section 9: Order of Succession Among Heirs in the Schedule: 
  • This section is related to Class II heirs, Agnates, and Cognates. 
  • Under this within each group, heirs in higher entries exclude those in lower entries. 
  • It states that the heirs in the same entry take simultaneously.
• Section 10: Distribution of Property Among Class I Heirs: 
  • This section specifies how property is divided among Class I heirs. 
  • It states that the equal distribution of property must be amongst son, daughter, widow, and mother. 
  • Children of deceased Parents get their parent's share out of the ancestral property. 
  • The rules states in the provisions are as: 
    • Rule 1― The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.  
    • Rule 2―The surviving sons and daughters and the mother of the intestate shall each take one share.  
    • Rule 3―The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.  
    • Rule 4―The distribution of the share referred to in Rule 3—  
      • Among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters get equal portions; and the branch of his pre-deceased sons gets the same portion. 
      • Among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.
• Section 11: Distribution of Property among Class II Heirs: 
  • This section states that heirs in a higher entry (hierarchy wise) take the entire property. 
  • It also states that if multiple heirs are in the same entry, property will be divided among them equally. 
• Section 12: Order of Succession among Agnates and Cognates: 
  • This section states that the proximity of relationship determines priority of distribution of property. 
  • The closer relatives exclude more remote ones from succeeding property. 
  • Those who belong to the same degree inherit the property simultaneously.
• Section 13: Computation of Degrees: 
  • This section states the procedure of how to calculate degrees of relationship while distributing property as: 
    • For Agnates: Count upwards to common ancestor, then downwards to heir. 
    • For Cognates: Similar, but one step further to include the common female ancestor. 
  • The rules for distribution stated under this provision are: 
    • Rule 1―Of two heirs, the one who has fewer, or no degrees of ascent is preferred.  
    • Rule 2―Where the number of degrees of ascent is the same or none, that heir is preferred who has fewer or no degrees of descent.  
    • Rule 3―Where neither heir is entitled to be preferred to the other under Rule 1 or Rule 2, they take simultaneously.

Landmark Judgements

• Vineeta Sharma v. Rakesh Sharma (2020): 
  • In this case the Supreme Court ruled that daughters have equal coparcenary rights in Hindu Undivided Family (HUF) property by birth, regardless of whether the father was alive when the 2005 amendment came into effect. This decision impacts the application of Section 8 regarding the inheritance rights of daughters.
• Revanasiddappa v. Mallikarjun (2011): 
  • In this case the Supreme Court ruled that illegitimate children have inheritance rights to their father's separate property under Section 8. However, they cannot claim rights in ancestral property. This judgment expanded the interpretation of "son" in Section 8 to include illegitimate sons for certain inheritance purposes.

Conclusion

The general rules of succession have significantly changed the landscape of property inheritance for Hindu males 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.