INTESTATE SUCCESSION TO THE PROPERTY OF A HINDU MALE: A

CRITICAL STUDY

Family Law-II

SUBMITTED BY:

Himanshu Rajpurohit

UID: SM0120072

3rd year, 5th semester

National Law University and Judicial Academy, Assam

 Table of Contents
TABLE OF CASES ............................................................................................................................... i
LIST OF STATUTES ............................................................................................................................ i
TABLE OF ABBREVATIONS ............................................................................................................. i
1. Introduction ................................................................................................................................... 1
1.1 Aim ................................................................................................................................................. 3
1.2 Objectives ....................................................................................................................................... 4
1.3 Scope and Limitations..................................................................................................................... 4
1.4 Literature Review............................................................................................................................ 4
1.5 Research Questions ......................................................................................................................... 5
1.6 Research Methodology ................................................................................................................... 5
2. Classes of succession for intestate Hindu Males ........................................................................... 6
3. Intestate Succession to the property of a female Hindu ............................................................ 14
4. Conclusion ..................................................................................................................................... 19
Bibliography ......................................................................................................................................... ii
 TABLE OF CASES

Additional Commissioner of the I.T. v. P.L. Karuhban Chettiar

Jayalakshmi v. Ganesh Iyer
Kumuraswami v. Nanjappa
Mamta Dinesh Vakil v. Bansi S. Wadhwa
Om Prakash v. Radha Charan
Sonubai Yeshwant Jadhav v. Bala Govinda Yadav

LIST OF STATUTES

1. The Special Marriage Act, 1954

2. The Hindu Succession Act,1956.
3. The Hindu Succession (Amendment) Act,2005.

TABLE OF ABBREVATIONS

All India Reporter

AIR

Bom.
Bombay

HSA Hindu Succession Act

HSAA Hindu Succession Amendment Act

Mad. Madras

SCC Supreme Court Cases

i
 Abstract

The Hindu Succession Act of 1956 put an end to the unregulated transfers of property that
happened after a person died without a will. It also gave women the legal right to their share of
the family property. This project on "Rule of Succession for Hindu Males" is about how a Hindu
man's property is given to his heirs when he dies without a will. So, this project will explain the
important parts of the Hindu Succession Act that have to do with the rules of inheritance, along
with any relevant case laws. Also, the legal principles explain in detail what each section of the
Act means. Case laws will also be mentioned often to show how different courts have interpreted
the above provisions. Secondary research has been done to find articles on the Internet and legal
textbooks that are relevant to this project. It aims to be a complete project about what happens to
the property of Hindu men who die without a will. It will look at the rules of the Hindu
Succession Act and how the courts interpret them when deciding who gets the property.

1. Introduction

The term "succeeding" refers to the actual process of succeeding. The process of succession
begins after the death of a person. Personal laws are addressed in the Indian Constitution via
Entry 5 in List III. These laws cover topics such as marriage, divorce, adoption, separation,
intestacy, and succession, amongst others. Therefore, the authority to legislate on topics that fall
outside the scope of personal legislation belongs either to the state or to the central government.
The Hindu Succession Act1 became a law on June 17, 1956, and its implementation date was
June 17. The Hindu law governing the intestate succession of property had undergone significant
reforms. It was appropriate for the altered socioeconomic landscape of Hindu society, which it
reflected. The long-felt need for improvements to be made to the laws that pertain to Hindu
females has been satisfied. There was a concerted effort made to introduce improvements that
would have a far-reaching impact. The Act sets up a uniform inheritance system that is the same
for people who follow the Mitakshara and Dayabhag schools of Hindu law as well as those in
Southern India who follow the Aliyasanthana, Nambudri and Marumakkattayam systems. This

1
The Hindu Succession Act,1956, No.30 Acts of Parliament,1956 (India).

1
uniform system of inheritance is applicable to all of these groups of people. Everyone who
identifies as a member of the Hindu religion is subject to the Act, the term Hindu encompasses
Jains, Buddhists, and Sikhs as well. It has been expanded even further to include people who
were brought up as Hindus despite having Hindu, Buddhist, Jain, or Sikh parents but whose
parents practice one of the other faiths (Section 2). The law doesn't apply to the property of
someone for whom the Special Marriage Act of 19542 is in effect (Section 5)3

Section 4 of the Act gives the provision of the Act the most weight. This replaces all Hindu
succession laws, whether they were written down, based on customs, or learned over time. Any
other law in the Central or State laws will no longer have any effect at all. In practice, to the
extent that it goes against any of the rules in the Act.

In the case of dividing or redistributing a former owner's property, "succession" means "division"
or "redistribution." There are laws that govern how modern legal systems work. The will of a
person who has died may have led to these laws.

There are, however, times when a will cannot be passed on and must be spoken out loud.
Therefore, there needs to be a set of rules that everyone agrees on for how the property should be
given to the people who come after him.

When it comes to the order of succession after the death of a Hindu male without a will, the
Hindu Succession Act of 19564 lays out the general rules in sections 8 through 13. These rules
for the succession of property are outlined in Section 8, and they apply to the case of a male
Hindu who passes away after the Act's inception without leaving a will. It is important to read
these laws in conjunction with the Schedule and any other sections related to the subject matter
(Sections 9 to 13).

The text of Section 8 is included here for your convenience.

2
Special Marriage Act, 1954, §5, No.43 Acts of Parliament of 1954 (India).
3
Akshay koundal, Summary of the Hindu Succession Act, 1956, SHARE YOUR ESSAYS (Nov. 7, 2022, 9:05
PM), https://www.shareyouressays.com.
4
Supra Note 1.

2
“8. The general laws of succession, in the event that the heirs are male. The property left behind
after the death of a male Hindu who did not leave a will.

In accordance with the requirements outlined in the preceding chapter, devolve-

(a) initially, to the heirs, who are to be the relatives who are mentioned in Class I of the
Schedule;

(b) subsequently, to the heirs who are the relatives who are listed in Class II if there are no heirs
who belong to Class I.

Concerning the Schedule;

(c) thirdly, if no heir to either of the two classes remains, then the agnates of the deceased; and
(d) finally, on the cognate of the deceased if there is no agnate.”

People of different religions in India are subject to the laws of their own religions regarding
matters such as inheritance, marriage, divorce, guardianship, and other family-related issues
under the country's current legal framework. The Hindu Succession Act of 1956 is the piece of
legislation that governs the succession of Hindus in this context. One aspect of this Act that gives
rise to concern is the fact that it treats the intestate succession of men and women differently.
The source from which the property was inherited by the woman who passed away is another
factor that determines the female intestate succession.

The focus of the research was on the laws that govern the succession of property in the event that
a Hindu male dies intestate, including the different classes of succession, the order of succession,
and the distribution of property among heirs. The researcher has also incorporated rules
pertaining to the succession to property of a Hindu female who dies in absence of will, and with
the help of cases, they have highlighted the lack of gender parity in succession laws.

1.1 Aim

The aim of this study is to gain an understanding of the concept and laws concerning succession
to the property of Hindu male intestates, as well as how these laws differ from the laws that

3
 govern Hindu female intestates, and also to gain an understanding of the disparity caused by this
using relevant cases as a means of research.

1.2 Objectives

• To understand the rules that govern the succession of a Hindu male's property in the event that he
dies intestate.
• To understand the rules that govern the succession of a Hindu female's property in the event that
she dies intestate.
• To investigate and gain an understanding of the various rulings handed down by courts
concerning the discriminatory provision that applies in the event that a female intestate passes
away.

1.3 Scope and Limitations

This research paper will focus on gaining an understanding of the laws and procedures that
govern the succession of property in the event that a Hindu male passes away intestate. The rules
for the inheritance of a Hindu woman who dies intestate have also been studied, as have the
variations in these rules between male and female intestates under Hindu law.

1.4 Literature Review

1. Dr. Poonam Pradhan Saxena, in her book5 very elaborately explained very critically about
Succession laws in India. It contains a series of articles on religious personal law and the family
by scholars from a variety of disciplines. In addition to documenting the problems in family law,
the book also provides recommendations aimed at achieving equity and justice for all. To make it
fair, it is necessary to consider not only what changes should be made to the current family law,
but also how those changes should be implemented.
2. Ayushi Singhal, in her article6 examines the rationale behind the two types of intestate
succession laws—those that differentiate between the two types of inheritors based on the source

5
Dr. Poonam Pradhan Saxena, Succession Laws and Gender Justice in redefining Family Law in India 290
(Routledge India, ed., 2008).
6
Ayushi Singhal. “Female Intestate Succession under the Hindu Succession Act, 1956: An Epitome of Inequality
and Irrationality”. Christ University Law Journal 4.2 (2015),
pp. 147–157. doi: https://doi.org/10.12728/culj.7.9.

4
 of their inheritance and those that differentiate between the two types of inheritors based on
gender—and explains why the latter is illogical and at odds with equal treatment standards. It
also discusses a recent case that aims to gradually improve the Hindus' succession legislation.

1.5 Research Questions

1. When a Hindu male dies without preparing a will, how does the Hindu Succession Act,1956
dictate that his property be distributed in what manner?
2. What aspects of the laws governing Hindu intestates apply to females that are different from
those that apply to males?
3. Which judicial pronouncements and legislative reforms have the potential to bring about a more
progressive change?

1.6 Research Methodology

In order to carry out the research for the subject, we decided to use the doctrinal approach. While
working on this paper, I referred to a number of different books and online sources. The doctrinal
method consists primarily of research carried out in libraries and focusing primarily on books,
texts, and documents. In his investigation of doctrinal matters, the researcher has utilized both a
descriptive and an analytical approach. In order to keep the paper consistent throughout, the 21st
Edition of the Bluebook Citation Method was chosen as the format for the citations.

5
 2. Classes of succession for intestate Hindu Males

Section 87 divides the heirs of a male intestate into four classes and specifies that first the
property devolves upon the heirs of Schedule Class I. Their wife, their daughter, their widow,
their mother, their son, the daughter of a deceased son, the daughter of a deceased son, the son of
a deceased daughter, the daughter of a deceased son, daughter of a predeceased son, widow of a
predeceased son, son of a son of a predeceased son, daughter of a predeceased son of a
predeceased son and widow of a predeceased son of a predeceased son of a predeceased son.

They all inherit simultaneously. “If Class I heirs are not available, the property goes to
enumerated heirs mentioned in Schedule Class II in which an heir who is listed in a higher entry
is preferred over an heir in a lower entry.”8

In the event that there are no Class I or Class II heirs, the property will be passed on to the
decedent's agnates and cognates through the legal process of succession. When two people are
only connected through their male ancestors, whether through blood or adoption, one person is
said to be the agnate of the other person. Similarly, two entities are said to share a cognate
relationship with one another if they are related through blood or adoption but not solely through
male ancestors; rather, there must be some interference from a female ancestor at some point in
their lineage. All of a person's assets that can be inherited after their death, even if they died
intestate, are now considered "property" under the Act. If one of the female heirs or the son of
the daughter as specified in Class I of the Schedule survives him, they will inherit all of his
property, including his self-acquired property and his Mitakshara coparcenary share.

This includes any properties that he might have inherited from his grandfather or father after the
Act went into effect.

(a) Class I Heirs:

i. The adopted children (whether sons or daughters) are also to be counted as heirs in the family's
estate.

7
The Hindu Succession Act, 1956, § 8, No. 30, Acts of Parliament, 1956 (India).
8
Akshay Koundal, Legal Provisions Regarding Section 8 of the Hindu Succession Act – Succession to Property of
a Male, (Nov 7, 2022), www.shareyouressays.com.

6
ii. According to Section 16, children who are born as a result of marriages that are deemed null
and void are considered legitimate, and as a result, they are entitled to the right of succession.

iii. The widow, along with the other heirs, is also entitled to land, and if there is more than one
widow, they will jointly inherit one share of the property of the deceased, which is to be divided
among them in equal measure. If there is only one widow, she will inherit the land along with the
other heirs.

iv. The widow has the right to inherit the property that belonged to her deceased husband, even if
she marries again after her husband has passed away.

v. The widow of the deceased son will inherit just like the other members of the heirloom family.
However, in addition to her, to the degree of the share of the predeceased son's inheritance, the
rights of the children of the predeceased son would exist as if he is still alive. However, if she
gets remarried before the person who died intestate, then she will not be entitled to any of the
assets in the estate.

vi. Due to the fact that she is an independent heir in her own right, the daughter inherits at the
same time as the other heirs. Additionally, she has the right to such property, regardless of
whether or not she is married.

vii. As a result of Section 14, the mother, in addition to the other heirs, is awarded her share of
the inheritance. In the case of Jayalakshmi v. Ganesh Iyer9, the court decided that a mother's
unchastity does not prevent her from inheriting property from her son. Regardless of whether she
has been divorced or remarried, she retains the right to inherit from her son. In this context, the
term "mother" can also refer to a biological mother. In addition, if there is also a biological
mother who has given her child up for adoption, the biological mother does not have the legal
right to inherit the house. In many cases, a mother has the legal right to inherit the property that
was owned by her illegitimate son thanks to Section 3(i)(j).

9
Jayalakshmi Ammal And Ors. v. T.V. Ganesh Iyer, AIR 1972 Mad. 357

7
In Additional Commissioner of the I.T. v. P.L. Karuhban Chettiar10, the High Court of Madras
ruled that when a male Hindu in Class I of the Schedule dies, his property will go to his
surviving relatives in that group first.

(b) Class II Heirs:

i. According to the ruling in Kumuraswami v. Nanjappa11, all Class II heirs take cumulative
inheritance rather than simultaneous inheritance. This means that they are effective in the order
of Entries I to IX. The heir listed in the entry with the higher priority displaces all of the heirs
listed in the entries with a lower priority.

ii. In Entry I, the father is considered an adoptive parent. Unlike the mother, however, the father
has no legal claim to the son's inheritance if the relationship is not legitimate. However, under
Section 16, he is entitled to a portion of any inheritance derived from children born of a void or
voidable union. No stepmother should ever expect to inherit anything from her stepson.

iii. The inheritance is divided equally between brothers and sisters. The term "brother" in this
context refers to both full brothers and half brothers. However, a full brother is still favored over
a half brother in most situations (according to Section 18). The intestate's uterine brother does
not have any legal claim to the intestate's property. If, on the other hand, the Intestate and his
brother are the children of their mother with another man, then they will be considered to be
brothers with each other.

(c) Agnates:

According to Section 3(1)(a), a person is said to be the agnate of another individual if both of
them are connected entirely or wholly by males through blood or adoption. It is important to
keep in mind that the widows of linear male descendants are not considered to be agnates of the
intestate. This is due to the fact that the concept of agnates does not include relatives by
marriage, but rather only relatives by blood or adoption within the same family. They will not
fall under the category of agnates because they will be related to the widows through marriage;

10
Commissioner Of Income Tax v. P.L. Karuppan Chettiar, A.I.R. 1979 Mad. 1.
11
Kumaraswami Gounder And Ors. v. D.R. Nanjappa Gounder, AIR 1978 Mad. 285

8
consequently, they will not be eligible to inherit in this capacity because they will not fall under
the category of agnates.

In addition, there are no limitations placed on the degree of relatedness that is required to
identify an agnate. As a result, an agnate can succeed as an heir despite their tenuous connection
to the estate of an intestate person. Additionally, this relationship does not differentiate male
heirs from female heirs in any way. In addition, there is no distinction made between those
related by full blood and those related by half blood. In the event that there is a connection to the
uterus, however, this is not permitted.

(d) Cognates:

A person is said to be the cognate of another, but not by males entirely [Section 3(1)(c)]. This
designation is based on whether the two of them are related through blood or adoption. It makes
no difference whether one woman or multiple women are responsible for the interference in the
line of succession. A cognate relationship can exist so long as there is at least one woman in the
middle. In contrast to an agnatic relationship, a cognate relationship does not revolve around the
institution of marriage. Only when it comes to matters of the blood or adoption. Consequently,
widows and widowers of people who are related to each other through a cognate relationship do
not qualify. They are included in this group and consequently do not qualify to be successful on
the basis of this criteria.

In section 912 of the Act, the order of succession is described in detail.

9. In the schedule, order of succession between heirs. - Among the heirs referred to in the
Timetable,

Those in class I shall at the same time take all and to the exclusion of all other heirs; those in the
first entry in Class II shall be preferred to those in the second entry; those in the second entry
shall be preferred to those in the third entry; and so on in succession.13

12
The Hindu Succession Act, 1956, § 9, No. 30, Acts of Parliament, 1956 (India).
13
Id.

9
In Section 9, the specific order of succession between the heirs of Class I and Class II, as well as
the order of succession for the heirs of Class II, is laid out. Also included among the heirs of
Class II.

According to this section, Class I heirs can also be referred to as preferential heirs of the
intestate. This is because, upon the death of the intestate individual, the property first devolves
upon Class I heirs. In the event that there is no Class I heir, the property will be given to the heirs
designated in the Schedule as belonging to Class II. However, there is one primary difference
that can be found between the heirs of Class I and those of Class II. Although the inheritance of
the property occurs simultaneously for all of the heirs in Class I, each of the entries in Class II is
unique and comprises a separate group of independent heirs. However, there is no such thing as
priority for Class I heirs because priority is only passed down from higher entries in the
inheritance tree.

If a male Hindu passes away without leaving a will, for example, and leaves behind his widow,
two sons, the son of a son who had passed away before, the widow of another son who had
passed away before, two brothers, and two daughters, then all of these people will inherit at the
same time because, according to Class I of the Timetable, they are all heirs of a daughter who
has passed away in the past. If another Hindu male were to pass away intestate, leaving behind
both his sister and the son of his brother, the sister, who would be considered a Class II Entry II
heir, would take precedence over the brother. In Entry IV, a Class II heir is an individual who is
the son of a brother.

Property distribution among heirs

Section 1014 of the Act addresses the distribution of property among heirs of class I. And the
provisions are as follows:

“Distribution of property among heirs in class I of the Schedule.―The property of an intestate

shall be divided among the heirs in class I of the Schedule in accordance with the following
rules:―

14
The Hindu Succession Act, 1956, § 10, No. 30, Acts of Parliament, 1956 (India).

10
Rule 1.―The intestate’s widow, or if there are more widows than one, all the widows together,
shall take one share.

Rule 2.―The surviving sons and daughters and the mother of the intestate shall each take one
share.

Rule 3.―The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the
intestate shall take between them one share.

Rule 4.―The distribution of the share referred to in Rule 3—

(i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or
widows together) and the surviving sons and daughters get equal portions; and the branch of his
pre-deceased sons gets the same portion;

(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the
surviving sons and daughters get equal portions.”
In Sections 8 and 9, the law makes it abundantly clear that the preferential heirs mentioned in
Class I take simultaneously and to the exclusion of any and all other heirs, be they from Class II
or otherwise. The Sections do not mention any priority among them; however, it does not follow
in any way that every individual heir who succeeds as an heir in Class I is entitled to an equal
share of the property along with other heirs of the Class.15 This is not the case. The determination
of each individual's proportionate share is carried out in accordance with Section 10, which may
represent the Statute of Distribution that is relevant to the inheritors in Class I. It is also
important to note that the Act makes an effort to ensure that men and women are on an equal
playing field.

When there are multiple individuals who stand to inherit at the same time, Section 10's primary
function is to determine how many shares of the inheritance each person will be entitled to
receive. The inheritance will be split among the widow, the son, the mother, and the daughter.
However, this does not imply that each of them is going to receive one-fourth of the total

15
Arpita Saha, Intestate Succession: Devolution of Property After The Death of A Hindu Without A Will., Legal
Service India, (Nov. 7, 2022, 9:05 PM) www.legalserviceindia.com.

11
property as their share of the ownership. The four rules that are outlined in this section provide
some degree of clarity regarding the distribution of shares.

These are the rules:

(1) Widows, if more than one, shall take only one share together and [read with Section 19(b)]
inherit their share as tenants in common and not joint tenants in equal measure.

2) If there is more than one son, each son will receive a share and each daughter will receive a
share and the mother will get a share as well. The Equalization Theory is also based on this.

(3) Whether there are sons and daughters of a predeceased son or of a predeceased daughter, the
sons, and daughters of the predeceased son or of a predeceased daughter shall be entitled to take
together as the case may be a share of their father's or mother's property and to split it equal
within themselves. Family of the predeceased son will be entitled to the part that the pre-
deceases son would have been entitled to had he been alive, same case is with previously
deceased daughter.

(4) Rule 4 is, by its very existence, a corollary of Rule 3. It notes that if the widow of a
predeceased son of a propositus remains, she with her sons and daughters would take the share of
the predeceased son equally.16

The four rules in Section 10 shall be read in accordance with Section 1917, which gives the two
fundamental rules in the event when the property of the intestate is succeeded by more than one
successor.

The guidelines are:

“(a) save as otherwise expressly provided in this Act, per capita and not per stirpes; and

(b) as tenants-in-common and not as joint tenants.

The principle of distribution among Class II heirs is highlighted by section 1118 of the Act and is
as follows.”

16
Id.
17
The Hindu Succession Act, 1956, § 19, No. 30, Acts of Parliament, 1956 (India).

12
“The property of an intestate shall be divided between the heirs specified in any one entry in
class II of the Schedule so that they, share equally.” This Section provides that, where more than
one heir is included in one Class II entry, they shall inherit evenly.

Entry III, for instance, contains four heirs19:

(a) The son of the daughter's son

(b) The daughter of the daughter's son

(c) the son of a daughter's daughter

(d) the daughter's daughter.

The order of succession of agnates and cognates is defined under section 1220 of the act. The
section 12 given as follows:

“Order of succession among agnates and cognates.―The order of succession among agnates or
cognates, as the case may be, shall be determined in accordance with the rules of preference laid
down hereunder:―

Rule 1.―Of two heirs, the one who has fewer or no degrees of ascent is preferred.

Rule 2.―Where the number of degrees of ascent is the same or none, that heir is preferred who
has fewer or no degrees of descent.

Rule 3.―Where neither heir is entitled to be preferred to the other under Rule 1 or Rule 2 they
take simultaneously.”

18
The Hindu Succession Act, 1956, § 11, No. 30, Acts of Parliament, 1956 (India).
19
Supra Note 9.
20
The Hindu Succession Act, 1956, § 12, No. 30, Acts of Parliament, 1956 (India).

13
 3. Intestate Succession to the property of a female Hindu

The Hindu Succession Act of 1956 makes a difference between what happens when a man or a
woman dies without leaving a will. Under the HSA, a Hindu woman's property is divided into
three groups: property that she inherited from her father or mother, property that she inherited
from her husband or father-in-law, and property that is not in the first two groups. In every other
religion in the world, there is no difference between men and women based on where their
property comes from. Section 15 read with Section 16 of the HSA says that all types of property
will go to the children (or, if the children died before the woman, to the children of the children
who died) and the husband. But if none of these people are there when the succession opens, the
first type of property will go to the heirs of her father, and the second type of property will go to
the heirs of her husband. Maybe what the “lawmakers meant was that the property should go
back to the person or group from whom it was bought”.21 It is the third type of property
succession process, which involves either self-acquired property or property acquired in some
other way or from some other source, that is at issue in this case. The prerequisite for this form
of property succession is that the female must be entitled to absolute rights in the property in
question. In Section 15(1) of the Act, it says in what order such asset must be divested;

(a) first the sons and daughters (including the children of any predeceased son or daughter) and
the spouse;

(b) second, to the husband's heirs;

(c) the mother and the father, third;

(d) fourth, to the heirs of the father;

(e) Eventually, on the mother's heirs"

21
Gautam Bhatia, Female Intestate Succession under Hindu Law: Analyzing its Constitutionality, (6 SEPTEMBER
2015), https://indconlawphil.wordpress.com.

14
With the case of Om Prakash v. Radha Charan22 as an example, it is possible to comprehend the
discriminatory nature of the existence of this law. The case revolves around Narayani, whose
passing led to a disagreement regarding the distribution of her estate after her death. The request
for the issuance of a succession certificate was made by Ramkishori, Narayani's mother, in
accordance with the provisions of Section 372 of the Indian Succession Act of 1925. The
respondents, who were the brothers of Narayani's husband, submitted a request for the
succession of Narayani's self-acquired assets in a manner that was very similar to the original
one. In order to have a complete understanding of the complexities of the case, it is essential to
have a background knowledge of the circumstances surrounding the acquisition of the assets.

The snake bite that took the life of Narayani's husband occurred not long after the couple was
married. Then, her in-laws, who were the ones who responded to this inquiry, kicked her out of
the home she shared with her husband. After the death of her husband, she moved back in with
her parents and went into seclusion for the next 42 years. No one ever spoke to her during that
time. She was helped financially by her parents and went on to have a successful career that
provided a good income. As a result, she bequeathed an enormous amount of property, which
included bank accounts, provident funds, land, and other types of assets. At the end of these 42
years, she passed away without leaving a will. In spite of these facts, the judges stated that when
determining the meaning of the statute, emotions such as sympathy and compassion should not
be used as a guiding principle, nor should the statute be interpreted in a manner that the
legislative body did not intend for it to be interpreted. The court took into consideration the fact
that the HSA expressly stated that in the absence of any problems, the self-acquired assets would
be passed on to the heirs of the husband and husband. Since this was also the situation with
Narayani, the court concluded that it had no choice but to rule in favor of the respondents.
Despite the fact that it is reasonable to assume that the court ought not to have gone beyond what
the legislature intended to accomplish, the court did not give the full force of the law to what the
legislature had in mind. The claim that the advocate for the mother of Narayani is making should
be taken seriously in this regard. The attorney argued that since the intention of the legislature in
enacting the aforementioned section was to return the property to its original owner rather than
transfer it to an unrelated third party, it was only right that since Narayani's parents had

22
Omprakash and Ors. v. Radhacharan and Ors., (2009)15 SCC 66 (India).

15
contributed financially to the acquisition of the property at issue, the funds from the sale of the
property should be given to Narayani's family. The court did not take this into consideration23. It
is important to keep in mind that the laws governing succession are not only concerned with
determining who is entitled to properties, but also with determining who should be disentitled
from those properties. The 21st edition of the Principles of Hindu Law (Mulla) also states that
the rationale behind Section 15(2) is that property should not pass to the person "to whom justice
would require it should not pass." This rationale is based on the idea that property should not be
transferred to the person "whom justice would require it should not pass."24 In this case, the court
gave the property to the very same people who had been cruel to the deceased and who had
failed to maintain the relationship at a time when it was absolutely necessary for them to do so. It
has been argued by a scholar by the name of Dr. Poonam Pradhan Saxena that the court ought to
have refused them the position of asking for the property of a person whom they had ignored for
over forty years. Regarding the aforementioned claim, assistance can be obtained from Section
25 of the HSA. “This provision states that a killer is disqualified from inheriting the property of
the person he or she has killed.”25 It is predicated on the assumption that the person who has
passed away would never wish for the person who killed them to benefit financially from their
estate.

On the other hand, in the case of males, the section 8 of the Act dealing with succession gives
priority to blood relatives over the relationships that emerge as a result of marriage. This is the
case regardless of whether or not the male is married. Because the rules in the Act are different
for men and women, the Act discriminates solely on the basis of gender, which is expressly
prohibited by Article 15(1) of the Indian Constitution. This is a clear violation of the
Constitution, and it is obvious that it was done intentionally. In contrast to the rules that are
followed in Parsi, Muslim, and Christian societies, where a woman's blood relatives are allowed
to inherit even in the presence of her husband or the relatives of her husband, Hindu society
places a lower value on a woman's blood relations than it does on the heirs of her husband. 26

23
Id.
24
SIR DINSHAW FARDUNJI MULLA, PRINCIPLES OF HINDU LAW (LexisNexis Butterworths, 21st ed.,
2013).
25
Ayushi Singhal. “Female Intestate Succession under the Hindu Succession Act, 1956: An
Epitome of Inequality and Irrationality”. Christ University Law Journal 4.2 (2015),
pp. 147–157. doi: https://doi.org/10.12728/culj.7.9
26
Supra Note 12.

16
Because of this, even if the husband has a distant relative who could be considered an heir, the
wife's own family will never be able to inherit anything from her husband's estate. There is a
judicial imposition of the family of the husband on their own blood relationships, which can be
awkward for everyone involved. She is the source of inheritance for her husband's entire family
of heirs, but she does not receive an inheritance from them herself. Marriage does not affect the
pattern of inheritance for a man's property in any way, but for a woman, getting married does
change the way her property is passed down to her children and grandchildren. This is a direct
result of the misconception that a woman does not have her own family and instead resides in
either the household of her husband or that of her father. The woman is seen not as a self-
sufficient individual who is capable of transferring her assets, but rather as the personification of
her husband. The law is also a statement of the opinion that has been discredited, which is that
the woman only has a marginal interest in the property. This view, the elimination of which was
attempted by Section 14(1) of the HSA, continues to be explicitly included in the succession
scheme.

On the other hand, a recent decision made by the Bombay High Court in the case of Mamta
Dinesh Vakil v. Bansi S. Wadhwa27 made an attempt to change the situation in this regard.
Although the question of female intestate succession is a common one, this particular case is one
of the few that challenges the constitutionality of the law as it currently stands.

In the Indian Constitution, Article 15(1) states that it is illegal to discriminate "against any
person solely on grounds of religion, ethnicity, caste, sex, place of birth or any of them." This
means that it is unlawful to treat people differently based on any of these factors. In this scenario,
discrimination that is based on any of the aforementioned reasons alone is illegal. However,
discrimination that is based on any of the aforementioned considerations combined with any
other requirements, such as social or educational backwardness, is not illegal. It was argued in
the case that was brought before the Bombay High Court that the discrimination that occurs in
Section 15(1) of the Act is not only based on gender, but also on family relations. This was done
in order to take this point further. It was once believed that once a couple got married, the
woman would join the family of her husband; however, this is not necessarily the case. When a
woman marries, she no longer maintains her ties to her mother and father but instead takes on the

27
Mamta Dinesh Vakil v. Bansi S. Wadhwa, 2012 BOM. 748, (India).

17
responsibilities of her marriage. The Hindu practice of intestate succession is designed to take
into account this practical consideration. It was argued that the legislature has made provisions
for the heirs of the husband to recognize this reality in the property of the wife.

In Sonubai Yeshwant Jadhav v. Bala Govinda Yadav28 ,it was held that, “the intent of the law
was to maintain property upon marriage with the common family, which brought males and
females together to form one institution. It therefore acknowledged that in acknowledging that
role when the succession of the wife opened, the class known as the husband's heirs were
allowed to succeed as a result of the initial unity in marriage that the woman merged into her
husband's family.”29

In this particular instance, the court has rejected that claim, noting in its ruling that the
discrimination referred to in the section is solely based on a person's gender and not on their
familial status. The court performed an analysis of the HSA's succession scheme for male
intestates so that it could determine whether or not the case was likely to succeed. It was
discovered that holding the property within the family was not part of the original plan. If this
had been the case, then the daughters, sister's sons, and sister's daughters would not be able to
inherit the property of a Hindu male because they marry into other people's households. As a
result, we came to the conclusion that gender was the only relevant factor in this classification. It
was also agreed that the section is very unfair and patriarchal because a woman's property, even
if she got it on her own, does not go to her blood relatives. This was one of the main points of
contention among the researchers. In addition, a Hindu woman who anticipates a further setback
"receives a setback from distant relatives of the deceased husband who she neither knew nor
considered to be her competitors" from the estate. She is completely unaware of these distant
relatives of her deceased husband. As a result, the Section exceeds the powers granted to it by
the Constitution. Additionally, it addressed the worry that the judicial system should stay out of
matters pertaining to personal laws. Despite the fact that Hindu society is making great strides
toward gender equality, the court decided that it would be unacceptable for the laws governing
succession to be discriminatory. It was suggested that it was time to reconsider a law that
discriminates people specifically on the basis of gender and is therefore invalid because of this

28
Sonubhai Yeshwant Jadhav v. Bala Govinda Yadav, AIR 1983 BOM. 156 (India).
29
Id.

18
fact. It was established that while there may be the case where there are different religions have
their different laws, there may not be the case where different sexes have their different laws, and
as a result, In the latter case, the judicial system possesses the authority to step in and take action.

4. Conclusion

When it comes to the case where a Hindu male dies intestate, the Hindu Succession Act of 1956
lays out the general rules in sections 8 through 13. Everyone who identifies as a member of the
Hindu religion is subject to the Act, and the term Hindu encompasses Jains, Buddhists and Sikhs
as well. It has been expanded even further to include people who were brought up as Hindus
despite having Hindu, Buddhist, Jain, or Sikh parents but whose parents practice one of the other
faiths (Section 2).

The Act makes a distinction between the rules that apply to the intestate succession of women
and those that apply to men. When a female Hindu dies without a will, the person who gets her
property depends on how she got it. This is different from what happens when a male Hindu dies
without a will. In this case, the person who gets her property depends on from whom she got it.
Because of this, the law is very unfair when it comes to the property left behind by Hindu
women who die without a will. In this day and age, when people are trying to make sure men and
women have the same rights, it's a rude awakening to hear that woman are still in a worse
position than men. Since laws can be a driving force for social change, it is still the legislature's
job to think about whether or not the status quo should be changed to achieve true gender
equality.

The decision of the Bombay High Court in the case Mamta Dinesh Vakil v. Bansi S. Wadhwa30,
which made an effort to change this situation. but must be upheld by a division bench,
Recommendations from the 207th Law Report of the Law Commission propose two options. The
first option is to ensure equal intestate succession laws in females and males. The second option
is to divide the property equally between the marital and native heirs of females. This choice
takes into account the fact that the woman will eventually leave her home homeland and live
with her in-laws, who will always look out for her. If the Hindu legislature decides to take the

30
Supra Note 22.

19
lead, there will be no doubt that the laws about what happens when someone dies without a will
need to be changed in a more progressive way.

20
 Bibliography

Books

1. Dr. Poonam Pradhan Saxena, Succession Laws and Gender Justice in redefining Family Law in
India 290 (Archana Parashar and Amita Dhandha, ed., 2008)

2. Sir Dinshaw Fardunji Mulla, Principles of Hindu Law (LexisNexis Butterworths, 21st ed., 2013).

Websites

• https://journals.christuniversity.in/index.php/culj/article/view/501/378
• https://egazette.nic.in/WriteReadData/1956/E-2173-1956-0038-99150.pdf
• www.legalserviceindia.com/article/l258-Intestate-Succession.html
• https://doi.org/10.12728/culj.7.9

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