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

Sample Mock Tests for Practice

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 17 Q. NO. 641 TO 680)

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

THE LIMITATION ACT, 1963 (PAPER 02 Q. NO. 41 TO 80)

THE LIMITATION ACT, 1963 (PAPER 05 Q. NO. 161 TO 200)

CLAT 2021

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

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

DELHI LOWER JUDICIARY 2008

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 06 Q. NO. 176 TO 210)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 17 Q. NO. 641 TO 680)

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

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 22 Q. NO. 841 TO 874)

THE HINDU MARRIAGE ACT, 1955 (PAPER -3 Q. NO. 51 TO 75)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 18 Q. NO. 596 TO 623)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 07 Q. NO. 241 TO 280)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 20 Q. NO. 761 TO 800)

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

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

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

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

BIHAR LOWER JUDICIAL SERVICES EXAM 2020

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 02 Q. NO. 41 TO 80)

DELHI LOWER JUDICIAL SERVICES 2019

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 22 Q. NO. 841 TO 870)

MADHYA PARDESH LOWER JUDICIAL SERVICES 2019-2

CHHATTISGARH LOWER JUDICIAL SERVICES 2019

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

THE LAW OF ADMINISTRATION (PAPER 01 Q. NO. 1 TO 30)

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

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2012

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

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2016-2

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

THE COMPANIES ACT, 1956 (PAPER 01 Q. NO. 1 TO 19)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 05 Q. NO. 161 TO 200)

UTTAR PARDESH LOWER JUDICIAL SERVICES LAW EXAM 2018