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Ideally the Indian Succession Act of 1925 applies to all Indians except Muslims. Some sections of the Act apply only to non-Hindus like Christians, Parsis, and Jews.
Whereas,the Hindu Succession Act of 1956 applies to Hindus, Buddhists, Sikhs, Jains, and non-Muslims, non-Christians, non-Parsis, and non-Jews. However, Section 5 (i) of the Act excludes any property that is governed by the IS Act under Section 21 of the Special Marriage Act of 1954.
The Indian Succession Act treats agnates (relations through males) and cognates (relations through females) equally. On the other hand, the Hindu Succession Act prioritizes agnates over cognates. This difference can have significant implications for families.
Consider the case of Arjun’s sister, who might expect an equal share in inheritance. Under the ISA, she and her siblings stand on equal footing. Under the HSA, however, her rights would only come into play if there are no direct class-I heirs like children, a widow, or a mother.
Section 97 of the ISA lays down the general principles of interpretation of Wills. (Though this section is not applicable to Hindus, it can still be equally applied to a Will by a Hindu, if the clear intention of the testator cannot be gathered from such Will )
Under Hindu Succession Act, 1956 following words are defined and interpreted by section 3 of the Act:
| Agnate | one person is said to be an “agnate” of another. if the two are related by blood or adoption wholly through. male |
| Aliyasantana Law | the system of inheritance in which descent is traced in the female line, but does not include the system of inheritance known as the Marumakkattayam |
| Cognate | one person is said to be a cognate of another if. the two are related by blood or adoption but not wholly through female |
| Custom and usage | Rules that have been observed for a long time and have become law in a local area, community, or family |
| Full blood, half blood | Two people are full blood if they share the same mother and father. Two people are half blood if they share only one parent. |
| Heir and uterine blood | Two people are uterine blood if they share the same mother but different fathers |
| Intestate | a person is deemed to die intestate in respect of property of which he or she has. not made a testamentary disposition capable of taking effect |
| Marumakkathayam Law | the system of inheritance in which descent is traced by females |
The Indian Succession Act makes no difference between agnates (wholly related through males) and cognates (wholly related through females). Whereas, in the Hindu Succession Act, agnates are preferred to the cognates.
Brothers and sisters of the intestate and their children seem to be best placed under the ISA. The position of brothers and sisters under the HSA is that they are placed under the class-II heirs. Thus they inherit only when none of the class one heirs are present
| Hindu | Muslim | Christian & Jew | Parsis |
| For intestate succession, the devolution of property happens according to the scheme laid down under Chapter III of the Hindu Succession Act, 1956. For testamentary disposition, provisions of Part VI of the Indian Succession Act, 1925 are applicable. | For Muslims, the laws of succession that apply for non-testamentary succession are governed by the Muslim Personal Law (Shariat) Application Act, 1937. In case a Muslim has died testate, the issue has to be governed under the Indian Succession Act, 1925, where the will relates to immovable property situated within the state of West Bengal, and that of Madras and Mumbai jurisdiction. | The laws of succession that apply for intestate succession are under the Indian Succession Act, 1925, specifically under sections 31 to 49 of the Act | For Parsis, the laws of succession that apply are under the Indian Succession Act, 1925, specifically under sections 50 to 56 of the Act, for intestate succession. |
Under Section 118 of the ISA, leaving property to a religious or charitable organization comes with strict conditions. For example, if Arjun wants to bequeath his assets to a local temple, he must make the will at least 12 months before his death and store it in a designated safe place. Hindus, however, are exempt from these restrictions under the HSA. This flexibility reflects the law’s attempt to align with cultural practices.
The Special Marriage Act provides a legal framework for interfaith and intercaste marriages. If Priya and Arjun were both Hindus, they would still fall under Hindu succession laws for inheritance. However, if either of them belonged to a different religion, the Indian Succession Act would govern their succession rights. This brings us to the fascinating interplay of two distinct legal frameworks
Imagine this: Priya and Arjun, two young professionals from different cultural backgrounds, decide to get married. They opt for the Special Marriage Act of 1954 to register their union, ensuring it is legally recognized beyond the bounds of religion. But little do they know that this decision will influence how their assets are distributed in the future. Their story sheds light on how succession laws in India work under two major legislations: the Indian Succession Act, 1925 (ISA) and the Hindu Succession Act, 1956 (HSA)..
Under Section 69 of the Indian Succession Act, a marriage automatically revokes any existing will unless the testator explicitly states otherwise. However, this rule does not apply to Hindus, Buddhists, Sikhs, or Jains. Why? The rationale, derived from the now-repealed Hindu Wills Act, 1870, rests on the assumption that monogamous marriages in these communities do not alter the testator's intentions significantly.
For instance, imagine Arjun had written a will before marrying Priya. If the Indian Succession Act governs him, his marriage would nullify the document. But if he’s governed by Hindu succession laws, the will remains valid.
The source and type of property matter significantly under the Hindu Succession Act but not under the Indian Succession Act. HSA distinguishes between separate and joint family property, impacting who inherits.
Let’s say Priya inherits a house from her father. If governed by the HSA, this property’s source—parental—ensures it goes back to her parental family if she dies intestate. Under the ISA, no such distinction exists, simplifying matters but potentially disregarding cultural nuances.
Gender bias remains a contentious issue under the HSA. For instance, if Priya passes away without a will, her property might first go to her husband’s family rather than her own. This bias has sparked debates and legal battles, as seen in many Indian households. The ISA’s neutral approach—equally dividing property among close relatives—offers a more balanced framework.
Legitimacy is another area where these laws diverge. The ISA only recognizes legitimate children unless the will specifies otherwise. In contrast, the HSA includes both legitimate and illegitimate children, ensuring broader protection. This inclusivity reflects Hindu law’s acknowledgment of familial bonds beyond societal norms.
Under the ISA, if a beneficiary witnesses a will, the associated bequest becomes void. However, this rule does not apply to Hindus under the HSA. Additionally, while probate is mandatory under the ISA for certain communities, it is not always required under the HSA, simplifying the process for Hindu families.
Religious conversion can disqualify a person from inheriting under the HSA unless saved by the Caste Disabilities Removal Act. The ISA, however, remains religion-neutral, ensuring inheritance rights regardless of the claimant’s faith. This distinction underscores the ISA’s universal application and the HSA’s rootedness in Hindu traditions.
Take the story of Meera, who converted to Christianity after marrying John. When her father—a devout Hindu—passed away, disputes arose about her right to inherit under the HSA. Ultimately, she had to rely on legal provisions like the Caste Disabilities Removal Act to claim her share. Such cases highlight the importance of understanding the nuances of inheritance laws.
For couples like Priya and Arjun, understanding succession laws is not just a legal necessity but a tool for ensuring family harmony. Whether governed by the Indian Succession Act or the Hindu Succession Act, the key is clear communication and proper estate planning. Writing a will, keeping it updated, and seeking expert advice can prevent future disputes and honor the wishes of loved ones.
By exploring these laws through relatable stories, we hope to demystify the complexities of succession in India. Whether you’re planning for your family’s future or navigating the legal landscape after a loved one’s passing, knowledge is your greatest ally.
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