Introduction

The act of succeeding or following, as of events, things, or places in a series, is referred to as succession. However, it has a different and distinct meaning in the eyes of the law. It refers to the transfer or transference of rights from one person to another. Every legal system must provide for the readjustment of objects or goods after the death of the people who owned and enjoyed them. In modern legal systems, succession, in the sense of the divide or redistribution of a former owner's property, is subject to a number of laws. Such regulations could be based on a deceased person's will. However, there are times when a will is unable to be expressed, and some widely accepted standards must be established for the property to pass to those who succeed him. However, there is no doubt that these norms are largely characteristics of the social circumstances in which that individual lived. They embody society's overall opinion of what should be the regular sequence of succession in the readjustment of property after a citizen's death.

Division of property after the diseased intestate male member

When a male member of the family dies, his assets are shared among the people named in the will which is also known as testamentary succession, and if that person dies intestate, his possessions will be allocated according to the law based on his religion, one such law which governs the religion of “Hindu, Jain, Buddhist, and Sikh” is Hindu Succession Act, 1956. Rules of succession in case of the Hindu male dies intestate, is defined under section 8 to section 13 of the Hindu Succession Act, 1956.

Section 8 of the act which talks about devolution of the property of dying male Hindu that is further subdivided into 4 categories.

Division among class 1 heirs

Devolution of the property takes place on the preferential heirs relative to class 1 heirs of the schedule . There are 16 people that comes under class 1 heirs they are “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”, the property will be inherited by all these members of the class 1 heir.

Division among class 2 heirs

In the case where there are no class 1 heirs then the property will be inherited by class 2 heirs of the family . 2nd class heir of the schedule consist of “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”. In class 2 heirs the preference is given to the higher entry over lower entry.

Division among agnates

If the heirs of both the classes are not available then the property of the diseased male will go to the relative agnate of the diseased male member . The definition of agnate is given under section 3 (1) (a) of the Hindu Succession Act, that says “one person is said to be an “agnate” of another if the two are related by blood or adoption wholly through males” .

Division among cognates

Lastly if agnate is also not there to inherit his property then the property will devolve among relative cognates of the diseased male member . Cognates are defines under section 3 (2) (c) of the Hindu Succession Act. That is “one person is said to be a cognate of another if the two are related by blood or adoption but not wholly through males” . Order of succession among agnates and cognates are defined under section 12 of the act read with section 13 which talks about computation of degrees. The property includes all those properties that are earned and also the one that are inherited.

Class 1 heirs

• According to section 16 of the act the children born out of void and voidable marriage are entitled to the succession.

• Children that ate adopted are also comes under the heir category.

• If there is more than one widow then they will get one share jointly of the diseased husband. The share will be distributed equally among them.

• In the case where the widow marries to another man, even then she will be entitled to the diseased husband’s property.

• The widow of the diseased son will get the same right as any other heir. If she remarries before the death of the intestate then she will not be entitled to any of the property after the death of the intestate.

• Daughter is entitled to the property even after the marriage within her individual capacity.

  Class 2 heirs

• If there is an heir of the higher entry then this situation will eliminate all the heirs of the lower entries. The same was held in the case of “Kumuraswami v. Nanjappa ”.

• The father of the entry 1 also includes the step father. Opposite to the mother, father has no right in the property of illegitimate son. Sections 16 of the act give rights to the father for the entitlement of the property of the children born out of void or voidable marriage.

• Brothers in the class 2 heir include both half and full brothers. According to section 18 of the act preference is given to the full brother over half brother.

  Agnate

• Only people that are related by blood or adoption falls under the category of agnate who will succeed and not the one who are related by the virtue of marriage for example the widows of lineal male descendants would not fall under the category hence they will not be able to succeed on this ground.

• There is no recognition to the uterine blood relation.

• There is no distinction between fool blood and half blood when it comes to the agnate relation.

  Cognate

• Same as agnate relation cognates are also related by blood or adoption and not by the virtue of marriage. Hence the widows who are related by relation of cognate will not fall under the category to succeed.

  Some of the important rules for succession-

  Section 9 of the act talks about the order of succession where the property of intestate is divided simultaneously among the class 1 heir, but in the case of class 2 heirs the preference is given to those who are in first entry over second entry . After the death of the intestate heirs of class 1 get preference for succession among all the heirs and there is no preference or priority among them. In case when there is no class 1 heir then property is devolve among the class 2 heir on the basis of entry. This can be understood with the help of an example if a Hindu male dies leaving his property intestate to the son of a predeceased son and widow of another predeceased son, these members being the class one heirs will get equal shares in the property. If the Hindu male dies leaving behind the intestate property to the brother and sister’s son then according to the entries of the class 2 heirs brother being form the 2nd entry will get preference over the sister’s son who is from the 4th entry of the class 2 heir.

  Section 10 the act sets the rule for the distribution of property among class one heirs which says-

• If there is more than one widow of the intestate they all together will take one share.

• Sons, daughters and the mother will take one share each.

• All the heirs of the predeceased daughter’s or predeceased son’s branch each will take one share as if they would get when the son or daughter were alive.

• Distribution among the branch of predeceased son should be made in such a way that all the widows or a widow together get on share and surviving sons and daughters get one share each and the branch of predeceased son gets one share.

• Share in the branch of predeceased daughter should be distributed in such a way that each of surviving sons and daughters gets equal share.

  Section 8 and 9 of the act talks about the simultaneous distribution among the class 1 heir and the entry wise distribution among the class 2 heir but it no where tells if it is distributed equally among the heirs of class 1. Section 10 of the act talks regarding to the computation of the shares and tries to put males and females on the equal footing, for example the widow, mother, son and the daughter will inherit the property it does not mean that they will get one fourth of the share section 10 give explanation about who will get how much share. Section 11 of the act talks about the distribution among class 2 heirs which says if there are more than one members in one entry of the class 2 heir then they will share equally, for example Father's widow; brother's widow falls under the 6th entry of the schedule they both will share equally. It is to be noted here that the act does not discriminate on the basis of sex if there are more than one people in the same entry they will share equally the only exception arises in the case of full blood and half blood relation where full blood is preferred over half blood.

  In the case of "Arunachalathammal v. Ramachandra" the brother of five sisters claim to be the individual owner of the property because he comes on 3rd position of the second entry and sisters comes to the 4th position of the same entry, on which the court negated saying that the positions within a entry is nothing but just a number which does not decide the preference and all the members of the same entry will inherit the equal amount of shares.

  Section 12 of the act sets some rule regarding order of succession among agnates and cognates these rules are-

• A person with fewer or no ascent is preferred over any other heir with higher degree of ascent.

• In case where there is same number of ascent to the two heirs then the descendent with less degree is preferred.

• In case where both the above rules stands canceled and none of the heirs is preferred over another then they both will share equally .

  It is to be noted that the succession of cognate comes into picture only when there is no agnate and succession of agnate comes into picture when there is no class 1 or class 2 heir are present.

  Property rights after conversion to the other religion

  Section 26 of the Hindu Succession Act, deals with disqualification of the descendents from the property of intestate. Before the commencement of this act according to old Hindu law if any person converts to the other religion, then that person disqualifies from the intestate’s property. After the commencement of the act this rule changes now the person will be entitled to the property of intestate as long as that person is alive irrespective of conversion to other religion but the descendents of that person will not be entitled to the property of intestate . It is immaterial that when the descendent was born weather before or after the conversion he or she will remain disqualified.

  This section applies only to the intestate succession and not to the testamentary succession the clause is speculative in nature as the disqualification occurs only when the succession begins. It can also be said to be retrospective in nature, as the Act applies to conversions that occurred previous to the Act's enactment.

  Disqualification due to murder for property

  This concept is given under Section 25 of the Hindu Succession Act, 1956. The section declares that if anyone who commits or assists in a murder is unable to inherit the property or any property in the line of succession to which he or she contributed to the murder. As a result, any person found guilty of the intestate murder of the deceased must relinquish his or her rights to the deceased's property . Disqualification also takes place where there is testator of the property and someone murders him or her over property dispute.