Setting the scene
Does being born into a family always guarantee a share in its property?
India is home to various religions, and all have different sets of rules and regulations when it comes to succession. Under the Hindu Law a clear structure related to succession is given under the Hindu Succession Act, 1956 (Act). When an individual dies, their property is passed on to their legal heirs. However, it is not the same in Hindu laws in India. Inheritance is not guaranteed in nature. The right to inherit is not absolute in nature.
There are some disqualifications of succession under Hindu law which are based on ethical and moral grounds. There are different laws for when a person dies with a will (testamentary succession) or without a will (intestate succession). Even close relatives can be disqualified from inheritance if they are considered disqualified as per the Act.
Succession under hindu law
Who is an heir
As per Section 3(1)(f) of the Hindu Succession Act, 1956 any person, be it a female or male who is entitled to succeed the property of an insteste is known as an heir.
Disqualification of Hindu Succession Act 1956
The inheritance rights are not guaranteed in nature as per the old hindu law. Even if a person is a close relative, they can be disqualified as a successor. The disqualifications are not fully based on the person’s religion, but also ethics, moral and other factors are considered. Inheritance can be denied to a person even if they are related. With an amendment in the Hindu Succession law, the inheritance laws are now simplified. The main objective of the amendment was to bring uniformity in the matters related to succession. The grounds of disqualification are now reduced to a few and only specific reasons are given to disqualify an heir.
Following are the disqualifications of succession under Hindu law:
Remarriage of a widow
One of the disqualifications of succession under the Hindu law is remarriage. As per Hindu law you are eligible for succession if you are married into the family.
Section 24 of Hindu Succession Act 1956
This section states that certain widows when they remarry lose their right to inherit. The widow of a son who died before his father, or the widow of a brother cannot inherit if they remarry before the property is inherited. This section was repealed in Hindu Succession (Amendment) Act, 2005.
Legal precedents under Section 24 of Hindu Succession Act 1956
In the Baliram Atmaram Dhake vs Rahubai (2009) the widow inherited after the death of her husband. The family consisted of the husband, his brother and his father. The widow had inherited ⅓ rd of her husband’s share. Later, the wisdom remarried. When the death of her ex-husband’s father took place she claimed ½ of this share. The High Court of Bombay stated that the widow was not eligible to inherit the property of her ex-father in law as per Section 24 of the Hindu Succession Act, 1956. After remarrying she has lost all the rights in her ex-husband’s family.
Similarly in the case of Cherotte Sugatlmn and others vs. Cherotte Bharathi (2008), the Apex Court stated that a widow can inherit the property of her husband only after his death. The widow will then be an absolute owner of the property. The old Hindu Widow Remarriage Act, 1856 is overridden by Section 24 of the Hindu Succession Act. Even if the wife remarries in future, she will not lose the rights of the property. However, if the widow has remarried before the death of the ex-husband then she is not eligible for the inheritance.
Murderer
The next disqualification of succession under Hindu law is murderer. If you have committed a murder or assisted in committing a murder then you are not eligible for inheriting the property of the person or any other property which they will get, if the person dies.
Section 25 of Hindu Succession Act 1956
This Section states that when a person commits a murder or abets a murder of a person instate or a person whose death will quicken the succession of a property cannot inherit the property. This disqualification was added using the principle of Nemo ex suo delicto meliorem suam conditionem facere potest which means no one can perfect his condition by a crime.
Legal precedents under Section 25 of Hindu Succession Act 1956
In Janak Rani Chadha vs. State of NCT of Delhi (2006), the wife was murdered by the husband. In normal cases, after the death of the wife the husband will inherit the property. However, with the application of Section 25 the husband is disqualified for succession under Hindu Law.
In another case of Smt. Kasturi Devi vs. Deputy Director Of Consolidation & Ors (1976) the Privy Council stated that If someone is found guilty of killing a person, they lose the right to inherit that person’s property. When a person commits a crime such as murder he/she shall not be rewarded.
In Vellikannu vs. R. Singaperumal & Anr (2005) if someone kills their father or inherits any property then they cannot inherit the property. They are disqualified from succession under Hindu law.
Conversion
Section 26 says that If any heir converts into another religion then they are still eligible for inheritance. However, the children may not be allowed to inherit the property unless the property is passed to them when they are still Hindus. The rules related to the property will be applied as per the new religion. So, if a person has converted to christian from Hindu, then christian property laws will be applied. This rule is only applied when a person has died without a will.
Legal precedents under Section 26 of Hindu Succession Act 1956
In Balchand Jairam Lalwani vs. Nazneem Khalid Qureshi (2018) the High Court of Bombay stated that only the children of the person who have converted into another religion are disqualified, and not the person himself.
Disease deformity and unchastity
Section 28 of the Hindu Succession Act, 1956 states that if a person has some disease, deformity or or mental or physical defect, they are equally eligible for succession. The right to inheritance is not taken away from that.
Key takeaways
Under the Hindu Succession laws in India, no person has guaranteed inheritance rights, there are certain disqualifications of succession under Hindu law. There are certain legal and ethical grounds which are considered when inheriting a property. The rules of disqualifications are different for both testamentary succession or intestate succession.
Frequently asked questions (FAQs)
What is the difference between the Hindu Succession Act and Indian Succession Act?
The key distinction between Hindu Succession Act and Indian Succession Act is that Hindu Succession Act only deals with succession of Hindus. While Indian Succession Act deals with succession of people who are not covered under the Hindu Succession Act.
Are the succession rules the same for all religions?
No, all the religions have their own set of rules for inheriting the property.
