Author: Saptarshi Roy, Student at Xavier Law School, St. Xavier’s University, Kolkata
Inheritance and succession are discussed in the Hindu Succession Act of 1956, along with who would inherit properties and to what extent. Buddhists, Jains, Sikhs, Hindus, and Buddhists are all covered by this law. According to this law, there are two categories of property:
- Ancestral property which means belonginginherited up to four generations of male lineage, which includes father, grandfather, great grandfather and great-great grandfather,
- Self-acquired property which means property thathas been acquired by a coparcener by his own exertion without the assistance of family funds.
The combined Hindu family typically consists of members and coparceners. All members of the combined Hindu family are members, although not all members are coparceners. Coparceners have the same obligations and liabilities regarding ancestral property and can assert these privileges. According to Hindu Succession Act, 1956, coparceners are those who would be the same ancestor’s lineal descendants. Basically, according to this Act, male lineage will be qualified for coparcenary rights. Therefore, the issue with the Hindu Succession Act of 1956 was that the rights of daughters, widows, and wives were not included. The division of ancestral property was decided by the survivorship rule.
