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

AILET – National Law University Delhi Entrance Test (NLU 2014)

THE MADHYA PRADESH ACCOMODATION CONTROL ACT, 1961 (PAPER 02 Q. NO. 31 TO 49)

AIBE-XVI-2021-II (BCI-OCT-2021-SET-A) (ALL INDIA BAR EXAM 2021-II)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 10 Q. NO. 361 TO 400)

THE HINDU MINORITY AND GUARDIANSHIP ACT, 1956 (PAPER -01 Q. NO. 1 TO 14)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 04 Q. NO. 106 TO 140)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 16 Q. NO. 601 TO 640)

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

THE INDIAN CONTRACT ACT, 1872 (PAPER – 09 Q. NO. 281 TO 315)

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

MAHARASHTRA LOWER JUDICIAL SERVICES 2022

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 04 Q. NO. 121 TO 160)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 11 Q. NO. 401 TO 440)

GUJRAT LOWER JUDICIAL SERVICES 2019

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 14 Q. NO. 521 TO 560)

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

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

AILET – National Law University Delhi Entrance Test (NLU 2022)

DELHI LOWER JUDICIAL SERVICES 2022

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 09 Q. NO. 321 TO 360)

THE LAW OF TORTS (PAPER 02 Q. NO. 46 TO 90)

G.K. ENGLISH -02 GGSSS BNL

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 04 Q.NO. 121 TO 160)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 18 Q. NO. 596 TO 636)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 06 Q. NO. 176 TO 210)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2016-1

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 18 Q. NO. 681 TO 720)

MADHYA PRADESH LOWER JUDICIAL SERVICES 2019(2)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 08 Q. NO. 246 TO 280)

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

DELHI LOWER JUDICIAL SERVICES 2018(1)

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

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

UTTARAKHAND LOWER JUDICIAL SERVICES 2018

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