Inheritance and Succession Law

1. Inheritance and Succession

• Succession is the legal process through which the property, rights, duties, and liabilities of a deceased person are transferred to his/her legal heirs.
• It determines who inherits, how much they inherit, and under which law.
• In India, succession is mainly governed by personal laws based on religion.

Personal Laws Governing Succession

Features of Succession

• A. Governed by Personal Laws
  · Rules vary according to religion.
  · Personal laws determine: Legal heirs, Order of succession, Share of each heir, Rights of widows and children
• B. Succession to Different Types of Property
  (i) Self-Acquired Property
  Property earned or purchased by a person through his own efforts. Example- Rahul Buys a House from his salary-it is his self-acquired property
  (ii) Ancestral Property
  Property inherited up to four generations of male lineage under Hindu law.

• C. Schools of Hindu Law
  1. Mitakshara School
  · Followed in most parts of India.
  · Based on Coparcenary.
  · Originally only male members were coparceners.
  · After the 2005 Amendment, daughters are also coparceners with equal rights.
  2. Dayabhaga School
  · Followed mainly in West Bengal and Assam.
  · No birthright in ancestral property.
  · Property devolves only after the father's death.
  · Sons and daughters inherit equally.
• D. Rights of Widows and Children
  · Under the Hindu Succession Act, 1956:
  · Widow gets an equal share.
  · Son and daughter inherit equally.
  · Mother is also a Class I heir.
• Inheritance means the actual transfer or receipt of property by legal heirs or beneficiaries after the death of the owner. Succession decides who is entitled. Inheritance is the actual receiving of property.

Features of Inheritance

• A. Through a Will (Testamentary Inheritance)
  - If the deceased leaves a valid Will, property is distributed according to the wishes mentioned in the Will.
  Example: Mr. A writes a Will giving: House → Daughter , Shop → Son, The property will be distributed accordingly.
• B. Intestate Succession
  - If a person dies without making a valid Will, the property is distributed according to the applicable succession laws. This is called Intestate Succession.
  Example-Mr. B dies without making Will. His property will be divided according to the Hindu Succession Act (if he is Hindu).
• C. Probate
  - Probate is the legal process through which a court verifies the validity of a Will.
  - Purpose: Confirms the Will is genuine. And authorizes the executor to distribute the estate

Comparison: Succession vs Inheritance

2. Historical Perspective of Traditional Hindu Law Relating to Inheritance

• The traditional Hindu law of inheritance developed from the Smritis (ancient Hindu legal texts). Different scholars interpreted these Smritis in different ways, giving rise to various schools of Hindu law. Although the primary source of Hindu law was common, different commentaries were accepted in different regions of India. As a result, two principal schools of Hindu law emerged: Mitakshara and Dayabhaga.
• The Mitakshara School was written by Vijnaneshwara as a commentary on the Yajnavalkya Smriti and was followed throughout India except Bengal and Assam. The Dayabhaga School was written by Jimutavahana and was mainly followed in Bengal and Assam. Where the Dayabhaga School was silent on any issue, the rules of the Mitakshara School were applied.

Traditional Inheritance under the Mitakshara School

• Under the Mitakshara School, a son acquired a right in ancestral property by birth.
• The coparcenary consisted of four generations—father, son, grandson, and great-grandson.
• Traditionally, daughters had no coparcenary rights over ancestral property.
• The father did not have absolute ownership over ancestral property and could not transfer or sell it without the consent of the other coparceners.
• The share of each coparcener was indefinite and fluctuated with every birth and death in the family.
• A son could demand partition and accounts of the ancestral property.
• This school followed the principle of unity of ownership and was regarded as the Orthodox School.
• Traditionally, the widow had no coparcenary rights in ancestral property.

Traditional Inheritance under the Dayabhaga School

• The Dayabhaga School adopted a different approach. Under this school, sons and daughters acquired rights in property only after the death of the father.
• During his lifetime, the father had absolute ownership over ancestral property and could freely sell, gift, transfer, or make a will regarding such property.
• The coparcenary arose only after the father's death, and members had definite shares.
• A son could not demand partition or accounts during the father's lifetime.
• The widow was entitled to inherit her deceased husband's share of the ancestral property.
• This school followed the principle of unity of possession and is considered a Reformative School.

Development of Hindu Inheritance Law

• For centuries, Hindu inheritance was governed by the Mitakshara and Dayabhaga Schools. However, after the enactment of the Hindu Succession Act, 1956, many traditional rules were codified. Later, the Hindu Succession (Amendment) Act, 2005 granted daughters equal coparcenary rights by birth under the Mitakshara system, removing the earlier discrimination between sons and daughters.
• Thus, the historical development of Hindu inheritance law shows that it originated from the Smritis and evolved through the interpretations of the Mitakshara and Dayabhaga schools. While the Mitakshara School recognized birthright in ancestral property, the Dayabhaga School recognized inheritance only after the father's death. Modern Hindu inheritance law has largely replaced these traditional distinctions by providing equal inheritance rights to sons and daughters.