INTRODUCTION
Section 8 of the Hindu Succession Act,1956 delineates the “General Rules of Succession in the Case of Males.” These rules apply to various types of properties owned by Hindu males, covering aspects such as self-acquired property, succession from separated fathers, gifts, and properties obtained from collaterals. This section forms the basis for the orderly transfer of assets in cases of intestacy.
TYPES OF SUCCESSION
- Testamentary Succession
When the transfer of property is governed by a testament or will, it falls under testamentary succession. This allows Hindu males or females to designate beneficiaries for their property, including shares in undivided Mitakshara coparcenary property. The distribution follows the provisions of the will, and in cases where the will is invalid or unenforceable, inheritance laws come into play.
- Intestate Succession
Intestate succession comes into play when an individual passes away without leaving a valid will. In such cases, the property is distributed among legal heirs according to inheritance laws. Section 8 plays a crucial role in determining the succession of male properties in cases of intestacy.
GENERAL RULES FOR MALE SUCCESSION (SECTION 8)
Section 8 of the Hindu Succession Act,1956 lays down the general rules for the succession of properties in cases involving male Hindus. It is applicable when succession opens after the commencement of the Act. Notably, the death of the male Hindu need not occur after the Act’s commencement for Section 8 to apply. For instance, if a father settles his property in favor of his wife during his lifetime, and after her demise wishes it to pass to his daughter, the succession opens after the daughter’s death, adhering to Section 8.
CLASSIFICATION OF HEIRS
Heirs under the Hindu Succession Act are categorized into four classes:
- Class I
- Class II
- Class III (Agnates)
- Class IV (Cognates)
Class I heirs take precedence in cases of intestacy, followed by Class II heirs, agnates, and cognates if the preceding classes have no claim.
PROPERTIES COVERED UNDER SECTION 8
Section 8 encompasses various properties of a deceased Hindu male, such as:
- Self-acquired property
- Property of a deceased Hindu who died before 2005 without leaving coparcenary sons
- Property of a deceased Hindu who died after 9th September 2005 without leaving coparcenary sons and daughters
- Property succeeded from collaterals
- Property acquired by a Hindu male from sources other than his father
Illustrative Examples
Several scenarios illustrate the application of Section 8, including the succession of self-purchased property, partitioned property among siblings, inherited property from collaterals, and gifted property to a Hindu male.
COPARCENARY AND CONFUSION POST-1956
There has been ongoing confusion and contradictory judgments regarding the existence of coparceners after 1956. Despite attempts to abolish coparceners, it is argued that the parliament did not disturb the concept but introduced female participation in succession, providing them with a nominal share under notional partition.
CLASS I HEIRS AND THEIR RIGHTS
Class I heirs, including sons, daughters, widows, adopted sons, mothers, and others, inherit simultaneously. Their rights are absolute, and no one can claim a right by birth in the inherited property. Even factors like remarriage or conversion do not divest a Class I heir of their property.
- Changes in Class I Heirs Post-2005
The Hindu Succession (Amendment) Act, 2005, brought significant changes to Class I heirs, increasing the number of female heirs and ensuring gender equality.
CLASS II HEIRS AND THEIR ORDER OF INHERITANCE
Class II heirs, including father, son’s daughter’s son, brother, sister, and others, come into play if no Class I heir claims the property. A legal case example demonstrates the circumstances under which Class II heirs inherit.
CLASS III HEIRS (AGNATES) AND THEIR PREFERENCE
Class III heirs, agnates, inherit when neither Class I nor Class II heirs claim the property. Agnates, related to the intestate only through male relatives, follow specific rules of preference based on degrees of ascent and descent.
CLASS IV HEIRS (COGNATES) AND THEIR RELATION
Class IV heirs, cognates, are those related to the intestate through mixed relatives in terms of gender. The property devolves to them if no heirs from the previous classes exist.
DISQUALIFICATIONS FROM INHERITANCE
The Act abolished previous disqualifications based on physical deformities, mental capabilities, or morals. Instead, new disqualifications were introduced, including those due to murder and conversion.
- Disqualification Due to Murder
Section 25 disqualifies a murderer from inheriting the property of the victim. This includes those who aid or abet the crime.
- Disqualification Due to Conversion
Section 26 disqualifies a person or their children born after conversion from inheriting if they convert from Hinduism to another religion. The descendants can inherit only if they are Hindus at the time of succession.
CONCLUSION
In conclusion, Section 8 of the Hindu Succession Act,1956 establishes a comprehensive framework for the succession of male properties, prioritizing Class I heirs, followed by Class II, agnates, and cognates when necessary. This systematic approach ensures clarity and fairness in the inheritance process, providing a legal foundation for the devolution of assets in cases of intestacy among Hindu males
REFERENCE
1-https://m.economictimes.com/wealth/legal/will/do-daughters-have-same-right-to-fathers-property-as-sons/amp_articleshow/87392343.cms -THE ECONOMIC TIMES
2-https://m.economictimes.com/wealth/legal/will/does-my-son-have-same-legal-right-to-my-ex-husbands-property-as-his-children-from-second-marriage/amp_articleshow/87815652.cms -THE ECONOMIC TIMES
3-https://m.economictimes.com/wealth/legal/will/i-bought-four-plots-of-land-in-the-names-of-my-two-sons-do-i-have-any-right-to-the-plots-purchased/amp_articleshow/94260366.cms -THE ECONOMIC TIMES
