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.

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Sample Mock Tests for Practice

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 17 Q. NO. 641 TO 680)

THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 (PAPER 02 Q. NO. 31 TO 60)

The Hindu Marriage Act, 1955 (Paper 02: Q. 26 TO 50)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 11 Q. NO. 351 TO 385)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 06 Q. NO. 201 TO 240)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 05 Q.NO. 161 TO 200)

NLU 2015

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

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

CLAT 2022

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

THE INDIAN FORESTS ACT, 1927 (PAPER 01 Q. NO. 1 TO 43)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 15 Q. NO. 561 TO 600)

MADHYA PARDESH LOWER JUDICIAL SERVICES 1998

MADHYA PARDESH LOWER JUDICIAL SERVICES 2019-1

DELHI LOWER JUDICIAL SERVICES 2019

THE INDIAN CONTRACT ACT, 1872 (PAPER – 12 Q. NO. 386 TO 420)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 14 Q. NO. 456 TO 490)

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 01 Q. NO. 1 TO 35)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2011

CLAT 2012

THE LAW OF TORTS (PAPER 03 Q. NO. 91 TO 135)

THE HINDU MARRIAGE ACT, 1955 (PAPER -5 Q. NO. 101 TO 134)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2009

GUJRAT LOWER JUDICIAL SERVICES 2019

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 03 Q. NO. 81 TO 120)

THE MADHYA PRASESH LAND REVENUE CODE, 1959 (PAPER 02 Q. NO. 31 TO 44)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 14 Q. NO. 521 TO 560)

KERALA LOWER JUDICIAL SERVICES 2011

THE HINDU ADOPTION AND MAINTENANCE ACT, 1956 (PAPER 02 Q. NO. 31 TO 39)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 06 Q. NO. 201 TO 240)

AILET – National Law University Delhi Entrance Test (NLU 2016)

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 07 Q. NO. 211 TO 231)

THE ADMINISTRATIVE TRIBUNALS ACT, 1985 (PAPER-01 Q. NO. 1 TO 21)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2012

AIBE-XII-2018-I (BCI-JUN-2018-SET-A) (ALL INDIA BAR EXAM 2018-I)