TOP 10 HINDU SUCCESSION ACT – JUDICIAL MAINS Q&A
Q1. How is property of a Hindu male dying intestate devolved?
Answer
Under Section 8 of the Hindu Succession Act, 1956, the property of a Hindu male dying intestate devolves:
-
Firstly, upon Class I heirs
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Secondly, upon Class II heirs
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Thirdly, upon agnates
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Lastly, upon cognates
If Class I heirs exist, others are excluded.
📌 Case law: Commissioner of Wealth Tax v. Chander Sen (SC)
Q2. Who are Class I heirs and how do they succeed?
Answer
Class I heirs are specified in the Schedule to the Act and include:
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Son, daughter, widow, mother
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Children of pre-deceased son/daughter
Succession is:
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Per capita among surviving heirs
-
Per stirpes for branches of pre-deceased heirs
📌 Case law: Uttam v. Saubhag Singh (SC)
Q3. What is the effect of the Hindu Succession (Amendment) Act, 2005 on daughters’ rights?
Answer
By virtue of Section 6 (as amended in 2005):
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Daughter becomes a coparcener by birth
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Has same rights and liabilities as a son
-
Applies irrespective of whether father was alive on 9-9-2005
📌 Case law: Vineeta Sharma v. Rakesh Sharma (SC)
Q4. Can a married daughter claim coparcenary rights?
Answer
Yes. Marriage does not affect a daughter’s status as a coparcener.
She retains:
-
Right by birth
-
Right to partition
-
Right to alienate her share
📌 Case law: Danamma v. Amar (SC)
Q5. What is the rule of succession to the property of a Hindu female dying intestate?
Answer
Under Section 15:
-
Sons, daughters, husband
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Heirs of husband
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Mother and father
-
Heirs of father
-
Heirs of mother
⚠️ The rule is source-based, not equality-based.
📌 Case law: Omprakash v. Radhacharan (SC)
Q6. What is Section 14 and its effect on limited estate of a Hindu female?
Answer
Section 14(1) converts a Hindu female’s limited estate into absolute ownership, if property is possessed by her.
Section 14(2) is an exception where property is given with a restricted grant.
📌 Case law: V. Tulasamma v. Sesha Reddy (SC)
Q7. Difference between ancestral property and self-acquired property under HSA
Answer
-
Ancestral property:
Coparceners acquire rights by birth. -
Self-acquired property:
Owner has absolute power; succession opens only on death.
After death, both devolve as per Section 8, unless coparcenary exists.
📌 Case law: Arunachala Gounder v. Ponnusamy (SC)
Q8. Can a widow inherit property more than once?
Answer
Yes. A widow can inherit:
-
As widow of her husband
-
As heir in another capacity (e.g., mother)
No bar under the Act.
📌 Case law: Gurupad v. Hirabai (SC)
Q9. Explain disqualification under Hindu Succession Act
Answer
Disqualifications include:
-
Section 25: Murderer is disqualified
-
Section 26: Descendants of convert disqualified (with exceptions)
Disqualification is strictly construed.
📌 Case law: Vellikannu v. R. Singaperumal (SC)
Q10. What is the doctrine of representation under the Act?
Answer
Doctrine of representation means:
-
Children of pre-deceased heir step into the shoes of such heir
-
They take only the share their parent would have taken
Applicable to Class I heirs only.
📌 Case law: Sawan Ram v. Kalawanti (SC)
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