TOP 10 HINDU SUCCESSION ACT – JUDICIAL MAINS Question and Answers

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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:

  1. Firstly, upon Class I heirs

  2. Secondly, upon Class II heirs

  3. Thirdly, upon agnates

  4. 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:

  • Son, daughter, widow, mother

  • Children of pre-deceased son/daughter

Succession is:

  • 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):

  • Daughter becomes a coparcener by birth

  • 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:

  1. Sons, daughters, husband

  2. Heirs of husband

  3. Mother and father

  4. Heirs of father

  5. 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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