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

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

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 02 Q. NO. 36 TO 70)

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

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

THE INDIAN CONTRACT ACT, 1872 (PAPER – 02 Q. NO. 36 TO 70)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 03 Q.NO. 81 TO 120)

THE CONSUMER PROTECTION ACT, 1986 (PAPER 01 Q. NO. 1 TO 13)

THE LAW OF TORTS (PAPER 04 Q. NO. 136 TO 180)

THE CHHATTISGARH LAND REVENUE CODE, 1959 (PAPER 01 Q. NO. 1 TO 11)

CLAT 2012

MADHYA PRADESH LOWER JUDICIAL SERVICES 2018(2)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 10 Q. NO. 316 TO 350)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2013

THE LAW OF TORTS (PAPER 01 Q. NO. 1 TO 45)

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

THE LIMITATION ACT, 1963 (PAPER 07 Q. NO. 241 TO 269)

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

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2016-2

THE INDIAN CONTRACT ACT, 1872 (PAPER – 17 Q. NO. 561 TO 595)

DELHI LOWER JUDICIARY 2011

MAHARASHTRA LOWER JUDICIAL SERVICES 2019

RAJASTHAN LOWER JUDICIAL SERVICES 2021

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 01 Q.NO. 1 TO 40)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 09 Q. NO. 321 TO 360)

CHHATTISGARH LOWER JUDICIAL SERVICES 2020

THE INDIAN CONTRACT ACT, 1872 (PAPER – 10 Q. NO. 316 TO 350)

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

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

THE CONSTITUTION OF INDIA, 1949 (PAPER – 03 Q. NO. 71 TO 105)

THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000 (PAPER 01 Q. NO. 1 TO 13)