Why in news?
The Supreme Court recently admitted petitions challenging certain provisions of the Hindu Succession Act, prompting debates on gender equality and inheritance rights. The Act, a cornerstone of Hindu personal law, continues to evolve through amendments and judicial interpretations.
Purpose and scope
- The Act codifies and amends the law of intestate succession for Hindus, Buddhists, Jains and Sikhs. It does not apply to Muslims, Christians, Parsis or Jews, who follow their own personal laws.
- It seeks to provide uniform rules of succession and reduce gender discrimination in inheritance.
Key provisions
- Coparcenary rights (Section 6): Originally, only male members (coparceners) of a Hindu joint family could inherit ancestral property. The 2005 amendment made daughters coparceners with the same rights and liabilities as sons.
- Succession of males (Sections 8–10): Property of a male dying intestate devolves first upon Class I heirs (sons, daughters, widow, mother, etc.); if none, then upon Class II heirs (father, grandchildren through sons, siblings) and then to agnates and cognates.
- Property of a female Hindu (Section 14): Any property possessed by a Hindu woman, whether acquired before or after the Act, is held as full owner, not a limited estate.
- Succession of females (Sections 15–16): In the absence of a will, a woman’s property devolves upon her children and husband; if none, upon her husband’s heirs, then her parents.
- General rules (Sections 18–22): Heirs in the same class share equally; pre‑deceased heirs are represented by their children; those guilty of murder, conversion or other disqualifications are excluded.
Significance and challenges
- The 1956 Act, especially after the 2005 amendment, has been hailed as a progressive step towards gender equality. It gives daughters equal birthright in ancestral property and recognises women as full owners of property.
- However, some issues remain: stepchildren and adoptive relationships are not explicitly covered; retrospective application of Section 6 has led to litigation; and certain communities continue to follow customary practices.
Conclusion
The Hindu Succession Act forms the backbone of Hindu inheritance law. Continued reforms and judicial clarity are essential to ensure equal property rights and reduce family disputes.