Inheritance under Hindu laws

Inheritance under Hindu laws

Inheritance under Hindu laws: Dr. Dimple Jindal

Under Hindu law, the inheritance of property can be broadly categorized into two types: ancestral property (coparcenary property) and self-acquired property. The rules governing the inheritance of these properties are different. It’s important to note that the Hindu Succession Act, 1956, has been amended multiple times, so the rules may vary depending on when the property was acquired and the specific circumstances.

  • Ancestral Property (Coparcenary Property):
  • Ancestral property refers to property that has been inherited by up to four generations of male lineage. It includes property acquired by the Hindu great-grandfather, grandfather, father, and self-acquired property of the father.
  • Only male members of the Hindu Undivided Family (HUF) have a right by birth to ancestral property. These male members are called coparceners.
  • Female members did not have a right to coparcenary property before the Hindu Succession (Amendment) Act, 2005. After the amendment, daughters also have equal rights to ancestral property.
  • In the event of the death of a coparcener, his share in ancestral property passes by survivorship to the other coparceners, including daughters.
  • If a coparcener wishes to dispose of his share in ancestral property, he can do so through a will or gift.

  • Self-acquired Property:
  • Self-acquired property refers to property that a person has acquired by their own efforts or through means such as purchase, gift, or inheritance (but not ancestral property).
  • The owner of self-acquired property has the absolute right to deal with it as they wish. They can gift, sell, or bequeath it through a will to anyone, including family members or others.
  • The laws regarding self-acquired property are generally not subject to specific restrictions under Hindu law, although they may be subject to other laws like taxation and land ceiling laws.

It’s important to understand that the rules of inheritance can vary depending on the specific circumstances, family practices, and regional customs. Additionally, amendments to the Hindu Succession Act in 2005 and other changes in legislation may have an impact on the inheritance of property. It is advisable to consult with a legal expert or lawyer for precise guidance on property inheritance under Hindu law, especially in complex cases.

Go for regular legal updates at www.juscuriam.com

Leave a Reply

Your email address will not be published. Required fields are marked *

Sample Mock Tests for Practice

THE INDIAN CONTRACT ACT, 1872 (PAPER – 14 Q. NO. 456 TO 490)

AIBE-XV-2021-I (BCI-JAN-2021-SET-C) (ALL INDIA BAR EXAM 2021-I)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 20 Q. NO. 761 TO 800)

THE MUSLIM PERSONAL LAWS (PAPER 01 Q. NO. 1 TO 29)

MADHYA PARDESH LOWER JUDICIAL SERVICES 2019

THE CONSTITUTION OF INDIA, 1949 (PAPER – 16 Q. NO. 526 TO 560)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 05 Q. NO. 141 TO 175)

DELHI LOWER JUDICIAL SERVICES 2022

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 07 Q.NO. 241 TO 280)

GUJRAT LOWER JUDICIAL SERVICES 2019(1) & (2)

THE LIMITATION ACT, 1963 (PAPER 03 Q. NO. 81 TO 120)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 15 Q. NO. 491 TO 525)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 10 Q. NO. 361 TO 400)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 04 Q. NO. 121 TO 160)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 04 Q. NO. 106 TO 140)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2019

UTTAR PARDESH LOWER JUDICIAL SERVICES G.K. EXAM 2018

HARYANA LOWER JUDICIAL SERVICES 2021

THE CHHATTISGARH EXCISE ACT, 1915 (PAPER 01 Q. NO. 1 TO 8)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 06 Q. NO. 201 TO 240)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 12 Q. NO. 441 TO 480)

JHARKHAND LOWER JUDICIAL SERVICES 2019

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 06 Q.NO. 201 TO 240)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 01 Q. NO. 01 TO 40)

THE MADHYA PRADESH ACCOMODATION CONTROL ACT, 1961 (PAPER 01 Q. NO. 1 TO 30)

THE NEGOTIABLE INSTRUMENTS ACT, 1881 (PAPER 02 Q. NO. 41 TO 80)

THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 (PAPER 01 Q. NO. 1 TO 30)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 06 Q. NO. 176 TO 210)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 13 Q. NO. 481 TO 520)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 02 Q. NO. 36 TO 70)

THE WILD LIFE PROTECTION ACT, 1972 (PAPER 01 Q. NO. 1 TO 25)

THE HIMACHAL PRADESH COURTS ACT, 1976 (PAPER 01 Q. NO. 1 TO 23)

THE HINDU MARRIAGE ACT, 1955 (PAPER NO.: 04 Q. 76 TO 100)

THE ARBITRATION AND CONCILIATION ACT, 1996 (PAPER 04 Q. NO. 91 TO 116)