HEIRS OF A MALE UNDER HINDU SUCCESSION ACT

Abstract

The preamble of the Hindu Succession Act, 1956 states that this act is one to codify laws relating to succession in Hindus. The act lays down a structured code and uniformity for the process of succession. It attempts to ensure proper inheritance rights between both daughters and sons. This Act applies to all Hindus including Jains, Sikhs, and Buddhists. The Hindu Succession Act, 1956 specifies the rules of succession of a Hindu Male from sections 8-13. There are four classes of heirs under this act; (i) heirs in class I of the schedule, (ii) heirs in class II of the schedule (iii) agnates (iv) cognates. Lastly, there is the Government to whom the property lapses to in case of no heir. 

According to section 3 (1) (f), an heir is someone who is appointed to inherit the property of an interstate ancestor. An intestate succession is one where the person dies without making a will and hence everyone who’s entitled to get shares out of the property is called an heir. This process is known as intestate succession. For this succession, a will needs to be made and after that section 8 will be applicable which deals with the succession in case of a Hindu male. Intestate succession is applicable if testamentary succession is not applicable. In testamentary succession, a will is made by the male or the female and the same will be followed through at the time of death of the person. In case no will is made by the person, intestate succession and the rules concerning the same will apply according to the Hindu Succession Act, 1956.