Hindu Succession Act, 1956
Syllabus: Polity, Rights of Women, Personal Laws (UPSC GS II)
Source: NIE
Context
The Supreme Court is cautiously examining petitions challenging certain provisions of the Hindu Succession Act, 1956. The Court highlighted the need to balance women’s inheritance rights with maintaining the broader Hindu social framework.
What is the Hindu Succession Act, 1956?
- A law to codify and amend Hindu succession rules relating to intestate succession (inheritance without a will).
- Came into force on 17 June 1956 (applies across India except J&K at the time).
Aim
- To bring uniformity and clarity in inheritance among Hindus.
- To remove gender-based discrimination and progressively secure women’s rights in property.
Coverage
- Applies to: Hindus, Buddhists, Jains, and Sikhs.
- Excludes: Muslims, Christians, Parsis, Jews (unless earlier governed by Hindu law).
- Not applicable: To Scheduled Tribes, unless specifically notified.
Key Provisions
- Coparcenary Rights (Section 6, Amendment 2005):
- Daughters are coparceners by birth, enjoying equal rights and liabilities as sons in joint family property.
- Succession of Males (Sections 8–10):
- Property devolves first to Class I heirs (sons, daughters, widow, mother, etc.), then to Class II heirs, followed by agnates and cognates.
- Women’s Property (Section 14):
- A female Hindu holds her property as absolute owner, unlike earlier restricted ownership.
- Succession of Females (Sections 15–16):
- If a Hindu woman dies intestate, property devolves first to her children and husband, then to husband’s heirs, followed by her parents and their heirs.
- General Principles (Sections 18–22):
- Full blood preferred over half blood.
- Rights of an unborn child recognised.
- Disqualification: murderer or descendants of a convert.
- Preferential rights for co-heirs in inheritance.
- Escheat (Section 29):
- If no heir is available, property goes to the Government, but with obligations (not absolute ownership).
Conclusion
The Hindu Succession Act, 1956 marked a progressive step towards gender justice in property rights. While the 2005 amendment gave daughters equal coparcenary rights, ongoing debates in courts reflect the tension between tradition and equality in personal laws.
