LAW RELATING TO SUCCESSION RIGHTS

OF WOMEN

ROLE OF RELIGION IN THE SUCCESSION OF PROPERTY:

Religion plays a major role in the succession of property by women as the personal
laws of religious communities are mostly dominated by the scriptures of those religions. In
earlier period the law of succession was mostly un-codified and followed according to the
traditions and of those communities. As a society moves toward civilization, the government
started to codify the law of succession. The codification mostly depends on the existing
traditional practices. Hence there is no uniformity in succession laws. The religion played a
very important role in the formation of succession laws. The succession laws codified
separately to different religions, neglected the women and gave an unequal status to them.
During the British rule itself certain enactments were made such as The Married Womens
Property Act, 1874, The Hindu Disposition Of Property Act, 1916, The Hindu Inheritance
(Removal Of Disabilities) Act, 1928, The Transfer Of Property Act, 1882, the Indian
succession act, 1925, The Cochin Christian Succession Act, 1902, The Hindu Womens
Rights To Property Act, 1937, The Muslim Personal Law (Shariat) Application Act, 1937,
The Mussalman Wakf Validating Act, 1913, etc.
After independence, the Union government has failed to bring the uniform civil code
applicable to all people in Indian irrespective of religion and enacted the Hindu succession
act, 1956, for Hindus in India.
Thus, in India, the succession of the property is based on religion of Hindus, Muslims,
Christians, Parsis, according to the Hindu succession actr, 1956, The Indian Succession Act,
1925 and the personal law of Muslims.

TYPES OF PROPERTIES OF INDIAN WOMEN:

1) Streedhan:
Streedhan is the property of the women which she gets before the marriage or
at the time of marriage or at the time of giving farewell or there after as gifts and other

property received from her father, mother, etc. or in succession from her father or
other lenient paternal or maternal ascendants. It includes both movable and
immovable properties. A Hindu woman had unlimited rights of enjoyment, alienation
and possession in respect of streedhan as its absolute owner and her husband has no
right over it.

2) Earnings and insurance on lives of married women:

All women, to whose marriages it applies, are absolute owners of all property
vested in, or acquired by them. Women can enjoy their wages and earnings and the
insurance on lives by persons married before or after the first day of January, 1866.
The Married Womens Property Act, 1874 was enacted to protect the married
womens property.
The Married Womens Property Act, 1874 extends to the whole of India except
the state of Jammu and Kashmir. However, nothing contained in this Act applies to
any married women who at the time of her marriage professed the Hindu.
Mohammadan, Buddist, Sikh or Jain relegions. Hence there provisions are applicable
to Christine and Parsi married women.
The Married Womens Property Act, 1874 sought:
1. To extend the protection afforded to wifes wages and earnings and policies of
earnings
2. To declare that married women may in her own name for any property this by
force of The Indian Succession Act, 1865 is her separate property.
3. To relieve the husband of wife married from her ante-nuptial debates, and
4. To declare that any person entering into a contract with a wife, shall be
entitled to sue her, and, to the extent of her separate property, to recover
against her whatever he might have recovered had she been unmarried.
Section 4 of The Married Womens Property Act, , 1874 provides for married
womens earnings to be their separate property and mandates that the wages and
earnings of any married women acquired or gained by her after the passing of this
act, in any employment, occupation or trade carried on by her husband;

And also any money or other property so acquired by her through the exercise
of any literary, artisgtic or scientific skill,
And also savings from the investments of such wages, earnings and property,
Shall be deemed to be her property, and her receipts alone shall be good discharge
for such wages, earnings and property.
According to the section 5 of The Married Womens Property Act, 1874, any
married women may effect a policy of insurance on her own behalf and
independently of her husband; and the same and all benefit thereof, if expressed
on the face of it to be so effected, shall ensure as her separate property, and the
contract evidenced by such policy shall be as valid as if made with an unmarried
women.
As per Section 6 of the Married Womens Property Act, 1874 , when a policy of
insurance, effected by any married man on his wife, and expresses on the face of it
to be for the benefit of his wife or of his wife and children, mature it will be paid
to the official Trustee of the State and be deemed to be a trust for that purpose.
Under Section 7 of The Married Womens Property Act, 1874, a married women
may maintain a suit in her own name for the recovery of property. As per
Section 8 of the Act married women is liable for post-nuptial debts. Under
Section 9 of the Act, husband is not liable for wifes ante-nuptial debts. Under
Section 10 of the Act states that a husband of a women shall not be liable for
any breach of trust committed by her.
3] WOMENS ESTATE :Before the enactment of The Hindu Succession Act 1956, according to Section 3
of The Hindu Womens Right Act, 1937, when a Hindu dies intestate leaving
separate property, his widow or widows were to be entitled in respect of
property and when a Hindu dies having at the time of his death an interest in a
Hindu joint family property, his widow shall have in the property the same
interest as he himself had. Any interest developed on a Hindu widow under the
provisions of this section shall be the limited interest known as a Hindu

Womens estate as she shall have the same right of claiming partition as a male
owner.
As an owner, she could use and be benefited by the limited estate and on her death
it was to revert to the coparcenary of her husband.
The Hindu Womens Right to Property Act, 1937 has been repealed by Section 31
of The Hindu Succession Act, 1956, she becomes full owner of all properties
got by her in succession by anybody.
Thus a Hindu womens property can be in the form of Streedhan and Womans
estate.

Right to Succession of Hindu Women

The Hindu Succession Act, 1956:
The Hindu Succession Act, 1956 was made to codify the law relating to intestate
succession among Hindus. It extends to the whole of India except the State of Jammu and
Kashmir. The Act applies to any person, who is a Hindu by religion in any of its forms or
developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana, or
Arya Samaj. This Act is applicable to all the Hindus, Buddhists, Jainas and Sikhs by religion.
Any rule or interpretation of Hindu Law or any custom or usage as part of that law in force
immediately before the commencement of this Act shall cease to have effect with respect to
any matter for which provision is made in the Hindu Succession Act, 1956 and any other in
force immediately before the commencement of this Act shall cease to apply to Hindus in so
far as it is inconsistent with any of the provisions contained in this Act. This Act shall not
apply to any property succession to which is regulated by the Indian Succession Act, 1925 by
reason of the provisions contained in Section 21 of the Special Marriage Act, 1954 and any
estate which descends to a single heir by the terms of any covenant or agreement entered into
by the ruler of any Indian State with the Government of India or by the terms of any
enactment passed before the commencement of this Act.

Devolution of interest of co-parcenary property :

'Section 6 of the Hindu Succession Act, 1956 provides that:
(1) On and from the commencement of the Hindu Succession (Amendment) Act, 2005, in a
Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,(a) by birth becomes a coparcener in her own right the same manner as the son;
(b) have the same rights in the coparcenary property as she would have had if she had
been a son;
(c) be subject to the same liabilities in respect of the said coparcenary property as that
of a son;
and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to
a daughter of a coparcener:
provided that nothing contained in sub-section shall affect or invalidate any
disposition or alienation including any partition or testamentary disposition of property wliich
had taken place before the 20th day of December, 2004.
(2) Any property to which a female Hindu becomes entitled to virtue of sub-section
(1) shall be held by her with the incidents of coparcenary ownership and shall be regarded
notwithstanding anything contained in this Act or any other law for the time being in force in.
as property capable of being disposed of by her by testamentary disposition.
(3) Where a Hindu dies after the commencement of the Hindu Succession
(Amendment) Act, 2005, his interest in the property of a Joint family governed by the
Mitakshara law, shall devolve by testamentary or intestate succession, as the case may be,
under this Act and not by sun/ivorship, and the coparcenary property shall be deemed to have
been divided as if a partition had taken place, and,(a) The daughter is allotted the same shall as is allotted to a son:
(b) The share of the pre-deceased son or a pre-deceased daughter, as they
would have got had they been alive at the time of partition, shall be allotted to the
surviving child of such pre-deceased son or of such pre-deceased daughter; and

(c) the share of the pre-deceased child of a pre-deceased son or of a

predeceased daughter, as such child would have got had her or she been alive at the
time of partition, shall be allotted to the child of such pre-deceased child of the predeceased son or a pre- deceased daughter, as the case may be.
Explanation:- For the purposes of this sub-section, the interest of a Hindu Mitakshara
coparcener shall be deemed to be the share in the property that would have been allotted to
him if a partition of the property immediately before his death, irrespective of whether he was
entitled to claim partition or not.
(4) After the commencement of the Hindu Succession (Amendment) Act,2005, no court shall
recognise any right to proceed against a son, grandson or great-grandson for the recovery of
any debt due from his father, grandfather, great-grandfather solely on the ground of the pious
obligation under The Hindu Law, of such son, grandson or great-grandson to discharge any
such debt:
Provided that in the case of any debt contracted before the commencement of the
Hindu Succession (Amendment) Act, 2005, nothing contained in this sub-section shall affect(a) The right of any creditor to proceed against the son, grandson or great-grandson,
as the case may be; or
(b) any alienation made in respect of or in satisfaction of, any such debt. and any such
right or alienation shall be enforceable under the rule of pious obligation in the same
manner and to the same extent as it would have been enforceable as if the Hindu
Succession (Amendment) Act, 2005 had not been enacted.
Explanation:- For the purposes of clause (a), the expression "son", "grandson" or
"great-grandson" shall be deemed to refer to the son, grandson or great-grandson, as the case
may be, who was born or adopted prior to the commencement of the Hindu Succession
(Amendment) Act, 2005.
(5) Nothing contained in this section shall apply to a partition, which has been
effected before the 20th day of December, 2004.
Explanation:- For the purpose of this section "partition" means any Partition made by
execution of a deed of partition duly registered under lhe Registration Act, 1908 or partition
effected by a decree of a Court.

General rules of succession in the case of males :

As per Section 8 of the Hindu Succession Act, 1956, the property of a male Hindu
dying intestate shall devolve according to the provisions of this chapter(a) firstly, upon heirs being the relatives specified in Class 1 of the Schedule i.e.
Heirs in Class I of the Schedule:
Son; daughter: widow; mother son of a pre-deceased son; daughter of a predeceased son; son of a pre-deceased daughter; daughter of a pre-deceased
daughter; widow of a pre-deceased son; son of a pre-deceased son of a predeceased son; daughter of a pre- deceased son of a pre-deceased son; widow of a
pre-deceased son of a pre-deceased son ; son of a pre-deceased daughter of a predeceased daughter, daughter, of a pre-deceased daughter of a pre- deceased
daughter; daughter of a pre-deceased son of a pre- deceased daughter; daughter of
a pre-deceased daughter of a pre- deceased son.
(b) secondly, if there is no heir of Class I. then upon the heirs bcnig ' the'relatives
specified in Class II of the Schedule:
Heirs in Class 11 of the Schedule:
I.
Father
II.
(1) Son's daughter's son.
(2) Son's daughter's daughter,
(3) Brother,
(4) Sister.
III.

(1) Daughter's son's son,

(2) Daughter's son's daughter.
(3) Daughter's daughter's son,
(4) Daughter's daughter's daughter.

IV.

(1) Brother's son,

(2) Sister's son,
(3) Brother's daughter,
(4) Sister's daughter.

V. Father's father; father's mother,

VI. Father's widow; brother's widow.

VII. Father's brother; father's sister.
VIII. Mother's father; mother's mother.
IX. Mother's brother; mother's sister.

Here brother or sister do not include references to a brother or sister by uterine

blood.
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the
deceased, one person is said to be an 'agnate' of another if the two are related by
blood or adoption wholly through males; and
(d) lastly, if there is no agnate, then upon the cognate of the deceased, one person is
said to be a 'cognate' of another if the two are related by blood or adoption but not
wholly through mates.
Order of succession among heirs in the Schedule:
According to Section 9 of The Hindu Succession Act, 1956, among the heirs
specified in the Schedule those in Class I shall take simultaneously and to the
exclusion of all other heirs, those in the first entry in Class II shall be preferred to
those m the second entry; those in the second entry shall be preferred to those in the
third entry; and so on m succession.
Distribution of property among heirs in Class I of the Schedule:
As per Section 10 of The Hindu Succession Act, 1956, the property of an
intestate shall be divided among the heirs in Class I of the Schedule in accordance
with the following rules:
Rule I: The intestate's widow, or if there are more widows than one, all the
widows together, shall take one share.
Rule II: The surviving sons and daughters and the mother of the intestate shall
each take one share.

Rule III: The heirs in the branch of each pre-deceased son or each predeceased daughter of the intestate shall take between them one share.
Rule IV: The distribution of the share referred to in Rule III, i) Among the heirs in the branch of the pre-deceased son shall be so
made that his widow (widows together) and the surviving sons and daughters
get equal portions, and the branch of his pre-deceased sons gets the same
portion;
ii) Among the heirs in the branch of the pre-deceased daughter shall be
so made that the surviving sons and daughters get equal portions.
The position of women has improved considerably, as compared to the pre-Act
position in the matter of succession. It is worthwhile to note that there are as many as 8
females in Class I heirs. All these female Class 1 heirs lake their shares on par with their male
counterparts. Similarly, there are number of females among the Class II heirs.
Distribution of property among heirs in Class II of the Schedule:
Under Section 11 of The Hindu Succession Act, 1956, the property of an intestate
shall be divided between the heirs specified m any one entry m Class II of the Schedule so
that they share equally.
Order of succession among agnates and cognatcs:
Section 12 of The Hindu Succession Act, 1956, states that the order of succession
among agnates or cognates, as the case may be, shall be determined in accordance with the
Rules of preference laid down hereunder.
Rule 1 : Of two heirs, the one who has fewer or no degrees of ascent is preferred.
Rule 2 : Where tlie number of degrees of ascent is the same or none that heir is
preferred who has fewer or no degrees of descent.
Rule 3 : Where neither heir is entitled to be preferred to the other under Rule 1 or
Rule 2 they take simultaneously.

Computation of degrees:
As per Section 13 of The Hmdu Succession Act, 1956:
1) For the purposes of determining the order of succession among agnates or cognates,
relationship shall be reckoned from the intestate to the heir in terms of degrees of ascent or
degrees of descent or both, as the case may be.
2) Degrees of ascent and degrees of descent shall be computed inclusive of the intestate.
3) Every generation constitutes a degree either ascending or descending.
Property of a female Hindu to be her absolute property:
According to Section 14 of The Hindu Succession Act, 1956 :
1) Any property possessed by a female Hindu, whether acquired before or after the
commencement of this Act, shall be held by her as full owner thereof and not as a
limited owner.
Here, 'property' includes both movable and immovable property acquired by a
female Hindu by inheritance or diverse, or at a partition, or m lieu of maintenance
or arrears of maintenance, or by a gift from any person, whether a relative or not
before, at or after her marriage, or by her own skill or exertion, or by purchase or
by prescription, or in any other manner whatsoever and also any such property'
held by her as Streedhan immediately before the commencement of this Act.
2) Nothing contained in sub-section (l) shall apply to any property acquired by
way of gift or under a will or any other instrument or under a decree or order of a
Civil Court or under an award where the terms of the gift, will or other instrument
or the decree, order or award prescribed a restricted estate in such property.
This Section abolishes the limited ownership of a Hindu woman in respect of the
property held by her as a woman's estate, by converting full ownership. 'Limited owner'
commonly means a person with restricted right to use it during lifetime only.
The concept of 'possession' and the expression possessed of in Section 14 of the Act
have to be interpreted in their broader sense which may include all types of possession in law.
'Possessed' in Section 14 of the Act means right to possess and not actual physical possession.

Section 14 is applicable to the pre-Act women's estate also and it has been given
retrospective effect. Thus, Section 14 of the Act made radical changes in the right of a Hindu
woman to succeed to a property.
The Act has abolished the practice of reversion. Women's estate, on her death, had
been reverted to the heirs of the last full owner as if the latter died when the limited estate
ceased and thus the female owner had no independent stock of descent in respect of it before
passing this Act. The Act provided full rights to the men through its Section 14 by declaring
her as full owner and not as a limited owner.
General rules of succession in the case of female Hindu:
As per Section 15 of The Hindu Succession Act, 1956:
1) The property of a female Hindu dying intestate shall devolve according to the rules
set out in Section 16.
a) firstly, upon the sons and daughters (including the children of any pre-deceased son
or daughter) and the husband;
b) secondly, upon the heirs of the husband;
c) thirdly, upon the mother and father
d) fourthly, upon the heirs of the father; and e) lastly, upon the heirs of the mother.
2) Notwithstanding anything contained in sub-section(l),
a) any property inherited by a female Hindu from her father or mother shall devolve,
in the absence of any son or daughter of the deceased (including the children of any
pre-deceased son or daughter) not upon the other heirs referred to in sub-section (I) in
the order specified therein but upon the heirs of the father; and
b) any property inherited by a female Hindu from her husband or from her father-inlaw shall devolve, in the absence of any son or daughter of the deceased (including
the children of any pre-deceased son or daughter) not upon the other heirs referred to
in sub-section (1) in the order specified therein, but upon the heirs of the husband.

When female Hindu inherited property from her mother, and she dies. such
property devolves on her sister under Section 15(2) of the Act and not on heirs of her
pre-deceased husband.
The Rules set out for succession in the case of female Hindu:
According to Section 16 of the Hindu Succession Act, 1956, the order of
succession among the heirs of a female Hindu referred to in Section 15 shall be, and
the distribution of the intestate's property among those heirs shall take place,
according to the following Rules namely:
Rule I : Among the heirs specified in sub-section (1) of Section 15, those in
one entry shall be preferred to those in any succeeding entry, and those including in
the same entry shall take simultaneously.
Rule 2 : If any son or daughter of the intestate had pre-deceased the intestate
leaving his or her own children alive at the time of the intestate's death^, the" children
of such son or daughter shall take between them the share which such son or daughter
would have taken if living at the intestate's death.
Rule 3 : The devolution of the property of the intestate on the heirs referred to
in clauses (b), (d) and (e) of sub-section (1) and sub-section (2) of Section 15 shall be
in the same order and according to the same rules as would have applied if the
property had been the father's or the mother's or the husband's as the case may be, and
such person had died intestate in respect thereof immediately after the intestate's
death,
GENERAL PROVISIONS RELATING TO SUCCESSION
Full blood preferred to half blood:
Under Section 18 of the Hindu Succession Act, 1956, heirs related to an intestate by
full blood shall be preferred to heirs related by half blood, if the nature of the relationship in
the same in every-other respect.
Two persons are said to be related to each other by full blood when they are
descended from a common ancestor by the same wife, and by half blood when they are
descended from a common ancestor but by different wives.

Mode of succession of two or more heirs:

As per Section 19 of the Hindu Succession Act, 1956, if two or more heirs succeed
together to the property of an intestate, they shall take the property,(a) save as otherwise expressly provided in this Act, per capita and not per slirpes ;
and
(b) as tenants-in-common and not as joint tenants.
Right of child in womb:
Under Section 20 of the Hindu Succession Act, 1956, a child who was in the womb at
the time of the death of an intestate and who is subsequently born alive shall have the same
right to inherit to the intestate as if he or she had been born before the death of the intestate,
and the inheritance shall be deemed to vest in such a case with effect from the date of the
death of the intestate.
Presumption in cases of simultaneous deaths:
Section 21 of The Hindu Succession Act, 1956 states that where two persons have
died in circumstances rendering it uncertain whether either of them, and if so which, survived
the other, then, for all purposes affecting succession to property, it shall be presumed, until
the contrary is proved, that the younger survived the elder.
Preferential rights to acquire property in certain cases:
According to Section 22 of The Hindu Succession Act, 1956 :
Personal Law of Women
(1) Where after the commencement of this Act, interest in any immovable property of
an intestate, or in any business carried on by him or her, whether solely or in conjunction with
others, devolves upon two or more heirs specified in Class I of the Schedule, and any one of
such heirs proposed to transfer his or her interest in the property or business. The other heirs
shall have a preferential right to acquire the interest proposed to be transferred.
(2) The consideration for which any interest in the property of the deceased may be
transferred under this Section shall, in the absent of any agreement between the parties, be
determined by the Common application being made to it in this behalf, and if any person

proposing to acquire the interest is not willing to acquire it for the consideration so
determined, such person shall be liable to pay a costs of or incident to the application.
(3) If there are two or more heirs specified in Class I of the Schedule proposing to
acquire any interest under this Section, that heir who offers the highest consideration for the
transfer shall be preferred.
DISQUALIFIED FOR INHERITANCE
Murderer disqualified:
As per Section 25 of The Hindu Succession Act, 1956, a person who commits the
murder or abets the commission of murder shall be disqualified from inheriting the property
of the person murdered, or any other property in furtherance of the succession to which he or
she committed or abetted the commission of the murder.
Convert's descendant disqualified:
According to Section 26 of The Hindu Succession Act, 1956, where a Hindu has
ceased or ceases to be a Hindu by conversion to another religion, children born to him or her
after such conversion and their descendants shall be disqualified from inheriting the property
of any of their Hindu relatives, unless such children or descendants are Hindus at the time
when the succession opens.
Disease, defect etc., not to disqualify:
Under Section 28 of The Hindu Succession Act, 1956 no person shall be disqualified
from succeeding to any property on the ground of any disease, defect or deformity or, save as
provided in this Action any other ground whatsoever.
Succession: when heir disqualified:
As per Section 27 of The Hindu Succession Act, 1956 if any person is disqualified
from inheriting any property under this Act, it shall devolve as if such person had died before
the intestate.
Escheat:
According to Section 29 of The Hindu Succession Act, 1956, if an intestate has left no
heir qualified to succeed to his or her property in accordance with the provisions of this Act,

such property shall devolve on the Government; and the Government shall take the property
subject to all the obligation and liabilities to which an heir would have been subject.
Special

Provisions

respecting

persons

governed

by

Marumakkattayam

and

Aliyasantana laws:
According to Section 17 of The Hindu Succession Act, 1956, the provisions of
Sections 8, 10,15 and 23 shall have effect in relation to persons who would have been
governed by the Marumakkattayam Law or Aliyasantana Law if this Act had not been passed
as if, i)

For sub-clause (c) and (d) of Section 8, the following had been substituted,
namely "(c) thirdly, if there is no heir of any of the two classes; then upon

ii)

his relatives, whether agnates or cognates".

For clauses (a) to (e) of sub-section (1) of Section 15, the following had been
substituted, namely:
a) Firstly, upon the sons and daughters (including the children of any predeceased son or daughter) and. the mother;
b) Secondly, upon the father and the husband;
c) Thirdly, upon the heirs of the mother;
d) Fourthly, upon the heirs of the father, and
e) Lastly, upon the heirs of the husband".

iii) Clause (a) of sub-section (2) of Section 15 had been omitted.

iii)

Section 23 had been omitted.

Hindu Succession in the State ofAndhra Pradesh:

The Hindu Succession Act, 1956 governs the property rights of Hindus and provides
for devolution of property. Women are not members of the coparcenary under the Hindu
Mitakshara Law and therefore they are not entitled to claim partition in coparcenary property.
Coparcenary means that part of a Joint Hindu family which consists of persons who by virtue
of relationship, have the right to enjoy and hold the joint property, to restrain the acts of each
other in respect of it, to burden it with their debts, and at their pleasure to enforce its partition.

The exclusion of daughters as a coparcener has led to the creation of socially pernicious
dowry system with its attendant social ills. In order to eradicate this ill by positive means
which will simultaneously ameliorate the conditions of women in Hindu society, and confer
equal rights on Hindu women along with the male members so as to achieve the
constitutional mandate of equality by suitably amending the said Act, the State Legislature of
Andhra Pradesh amended The Hindu succession Act, 1956 by inserting The Andhra Pradesh
Amendment Act 13 of 1986 with effect from 5-9-1985.
Equal rights to daughter in coparcenary property in Andhra Pradesh:
According to Section 29-A of The Hindu Succession Act, 1956, notwithstanding
anything contained in Section 6 of The Hindu Succession Act, 1956,i) in a Joint Hindu Family governed by Mitakshara Law, the daughter of a coparcener
shall by birth become a coparcener in her own right in the same manner as the son and
have the same rights in the coparcenary property as she would have had if she had
been a son, inclusive of the rights to claim by survivorship and shall be subject to the
same liabilities and disabilities in respect thereto as the son.
ii) At a partition in such a Joint Hindu Family the coparcenary property shall be so
divided as to allot to a daughter the same share as is allottable to a son. But the share
which a pre-deceased son or a pre-deceased daughter would have got at the partition if
he or she had been alive at the time of the petition shall be aliened to the surviving
child of such pre-deceased son or of such pre-deceased daughter. However, the share
allottable to the pre-deceased child of a pre-deceased son or of a pre-deceased
daughter, if such child had been alive at the time of the partition, shall be allotted to
the child of such pre-deceased child of the pre-deceased son or of the pre- deceased
daughter as the case may be.
iii) any property to which a female Hindu becomes entitled by virtue of the provisions
of dause(i) shall be held by her with the incidents of coparcenary ownership and shall
be regarded, notwithstanding anything contained in this Act or any other law for the
time being inforce, as property capable of being disposed off by her by will or other
testamentary disposition.

iv) Nothing in clause(ii) shall apply to a daughter mamed prior to or to a partition

which had been effected before the commencement of The Hindu Succession (Andhra
Pradesh Amendment) Act, 1986.
Interest to devolve by survivorship on death:
As per Section 29-B of The Hindu Succession Act, 1956, when a female Hindu dies
after the commencement of The Hindu Succession (A.P. Amendment) Act, 1986 having at the
time of her death an interest in a Mitakshara Coparcenary Property, her interest in the
property shall devolve by survivorship upon the surviving members of the coparcenary and
not in accordance with this Act. But if the deceased had left any child or child of a predeceased child, the interest of the deceased in the Mitakshara Coparcenary Property shall
devolve by the testamentary or intestate succession, as the case may be, under this Act and
not by survivorship.
For the purpose of this Section, the interest of a female Hindu Mitakshara coparcener
shall be deemed to be the share in the property that would have been allotted to her if a
partition of the property had taken place immediately before her death irrespective of whether
she was entitled to claim partition or not. It shall not be construed as enabling a person, who
before the death of the deceased, had separated himself or herself from the coparcenary or
any of his or her heirs to claim on mtestacy a share in the interest referred to therein.
Preferential right to acquire property in certain cases:
According to Section 29-C of The Hindu Succession Act, 1956:
1) Where, after the commencement of The Hindu Succession (Andhra Pradesh
Amendment) Act, 1986 an interest in any immovable property of an intestate or in any
business carried on by him or her, whether solely or in conjunction with others,
devolves under Section 29-A or Section 29-B upon two or more heirs, and anyone of
such heirs proposes to transfer his or her interest in the property or business, the other
heirs shall have a preferential right to acquire the interest proposed to be transferred.
2) The consideration for which any interest in the property of the deceased may be
transferred under this Section shall, in the absence of any agreement between the
parties, be determined by the Court on application being made to it in this behalf, and
if any person proposing to acquire the interest is not willing to acquire it for the

consideration so determined, such person shall be liable to pay all costs of or

incidental to the application.
(3) If there are two or more heirs proposing to acquire any interest under this Section,
that heir who offers the highest consideration for the transfer shall be preferred.
Similar amendments are made by the States of Tamil Nadu, Maharashtra etc. All these
Legislations made by the State Governments are beneficial to the women who form
part of vulnerable sections of the society and it is necessary to give a liberal effect to
them.
Testamentary Succession:
According to Section 30 of The Hindu Succession Act, 1956, any Hindi may dispose
by will or other testamentary disposition any property, which is capable of being disposed off
by him in accordance with the provisions of The Indian Succession Act, 1925, or any other
law for time being in force and applicable to Hindus.
With the enactment of the Hindu Succession (Amendment) Act, 2005, daughter has an
equivalent right of son relating to the succession to property in Law. In practice the society
has to accept it and put it in practice it may take some time.
Law relating to Muslim women's right to succession
The Muslim Law of succession is uncodified, there is no partition of inherited
property. Succession opens only on the death of the ancestor, and then alone the property
vests in the heirs. The Islamic Law of succession is based on the tenets of the Holy Quran. No
woman was excluded from inheritance only on the basis of sex. Women have equal right to
share the property of the deceased.
Islamic principles of succession according to Prophet:
The principles are:
(1) Husband and wife being equal are entitled to inherit to each other.
(2) Some near females and cognates are also recognised and enumerated as
heirs.

(3) Parents and certain other ascendants are made heirs even when there are
descendants.
(4) The newly created heirs are given specified shares along with customary
heirs who are residuary.
Inheritance according to Hanafi Law:
According to Hanafi Law of inheritance, there are 3 classes of heir namely: (1)
sharers (2) residuaries, (3) distant kindred.
(1) Sharers: They are persons whose shares have been specified by the Koran.
They are entitled to receive a fixed share allotted to them in a certain order of preference and
mode of succession.
Rules for determining sharers of:
(1) The heritate property, first of all, will be determined. It is equal to the residue that
remains after payment of the funeral expenses, debts and legacies.
(2) Then, it is ascertained as to which of the surviving relations of the deceased - (i)
belonging to the class ofsharers and (ii) are entitfed to a share of the inheritance.
(3) Then the respective shares, to which the sharers are entitled are assigned to them.
(4) If there is any residue left after satisfying the claims of the sharers, it devolves
upon the residuaries.
There are twelve classes of sharers. They get the property according to their position
that is they are alone or with other members. The shares of sharers are as follows:
(Alone - with other members)
1) Father

1/6 2) Tme grandfather 1/6 3) Husband 1/2 4) Wife 1/4 5)

Mother 1/3 6) True grandmother a) Maternal 1/6 b) Paternal 1/6 7) Daughter 1/2 8) Son's
daughter 1/2 9) Uterine brother 1/6 10) Utenne sister 1/6 11) Full sister 1/2 12) Consanguine
sister 1/2 as residuary as residuary 1/4 1/8 1/6 2/3 2/3 1/3 1/3 2/3 2/3
There are as many as 8 female sharers who could inherit the property of a deceased
Muslim among 12 sharers.

Residuaries:
They are persons who take no prescribed share but succeed to the residue after the
claims of the sharers are satisfied. After the payment to the sharers the residue is to be
distributed among the residuaries.
The residuaries are as follows:1) Descendants - 1) son 2) son's son how low soever.
2) Ascendants - 3) father 4) true grandfather how high soever.
3)Descendants of father - 5) full brother, 6) full sister J) consanguine 'brother" 8)'consangwne
sister, 9) full brother's son, 10) consanguine brother's son, 11) full brother's son's son, 12)
consangume brother's son's son.
4) Descendants of true grandfather how high soever.
13) Full paternal uncle.
14) Consanguine paternal uncle.
15) Full paternal uncle's son.
16) Consanguine paternal uncle's son.
17) Full paternal uncle's son's son.
18) Consanguine paternal uncle's son s son.
Among 18 residuaries there are only 4 female residuaries. The residue devolves upon
residuanes in the order prescribed above.
Distant kindred:
They are those relations by blood who are neither sharers no residuaries. This class
includes the cognates of the deceased i.e. those who are related through a female. They are
not entitled to succeed so long as there are sharers or residuaries.
There are a number of females in all these four classes of distinct kindered.
I. Descendants of the deceased

1) Daughter's children and their descendants.

2) Children of son's daughters how low soever and their descendants.
II. Ascendant's of the deceased
3) False grandfathers.
4) False grandmothers.
III. Descendants of parents
5) Full brother's daughters and their descendants.
6) Consanguine brother's daughters and their descendants.
7) Uterine brother's children and their descendants.
8) Daughters of full brother's son how low soever and their descendants
9) Daughters of consanguine brother's son how low soever and their descendants
10) Sisters (full, consanguine or uterine) children and their descendants.
IV. Descendants of immediate grand parents (true or false)
11) Full paternal uncle's daughters and their descendants.
12) Consanguine paternal uncle's daughters and their descendants.
13) Uterine paternal uncles and their children and their descendants.
14) Daughters of full paternal uncle's sons how low soever and their descendants.
15) Daughters ofconsanguine paternal uncle's sons how low soever and their descendants.
16) Paternal aunts (full, consanguine or ulenne) and their children and their descendants.
17) Maternal uncles and aunts and their children and their descendants.
18) Descendants or remoter ancestors how high socver (true or false).
Shia Law of inheritance:
According to Shia Law the heirs are divided into two groups, namely

(1) Heirs by consanguinity or nasab i.e. by blood relations. They consist of:
I. (i) Parents.
(ii) Children and other lineal decendants how low soever.
II. (i) Grandparents how high socver (true and false).
(ii) Brothers and Sisters and their descendants how low soever.
III. (i) Paternal uncles and aunts of the deceased, and of his parents and grandparents
how high soever and their descendants how low soever.
(ii) Maternal uncles and aunts of the deceased and his parents and grandparents how
high soever and their descendants, how low soever.
Of these three groups of heirs, the first excludes the second from inheritance
and the second excludes the third. Among the Shias, there is no separate class of heirs
corresponding to the Distant Kindered of Sunni Law.
The sharers according Shia Law are nine in number- 1) Husband 2) Wife 3)
Father 4) Mother 5) Daughter 6) Full sister 7) Consanguine sister 8) Uterine brother,
and 9) Uterine sister. The descendants how low soever of sharers are also sharers.
Residuaries are all heirs other than sharers. The decendants how low , soever
of residuaries are also residuaries. Sons, brothers, uncles and aunts are all residuaries.
Their descendants, therefore, are also residuaries.
The following are the shares of the different sharers under the Shia Law:
1) Husband gets 1/4 when there is a lineal descendant, but in the absence of a
lineal descendant he gets 1/2.
2) Wife gets 1/2 when there is a lineal descendant, but in the absence of a
lineal descendant, she gets 1/4. When there are two or more wives, they get the above
mentioned shares collectively.
3) Mother gets 1/6 where there is a lineal descendant or brothers and in other
cases she gets 1/3.

4) Father gets 1/6 when there is a lineal descendant, but he inherits as a

residuary if there is no lineal descendant.
5) Daughter gets 1/2 when there is no son, but in the presence of the son, she
inherits as residuary. When there are two or more daughters they take 2/3 when there
is no son.
6) Full sister takes 1/2 when only one but when there are two or more full
sisters they take 2/3 collectively.
7) Consanguine sister gets 1/2 when there is one only, but when there are two
or more consanguine sisters, they take 2/3 collectively.
8) and 9) Uterme brother and sister get 1/6 when there is only one and 1/3 if
there are two or more.
Persons who are disqualified to inherit:
(1) Non-Muslim, (2) Murderer, (3) Child in womb, (4) daughters by custom,
childless widows, step-parents, absent heir are disqualified to inherit the property of
deceased Muslim.
when compared with the women of other religions, Muslim women, get a
recognisable m the matter of succession. But when compared with Muslim men,
Muslim women get less share in succession. Among Shias, a childless widow takes no
share m her husband's land in succession.
Law Relating to Christian women's rights to Succession
The Indian Succession Act, 1925 provides that succession to immovable
property iln India of a Person deceased who is not a Hindu, Mohammedan, t, Sikh or
Jam, shall be regulated by the law of lndian.
Section 27 of The Indian Succession Act, 1925 states that there is no
distinction for the purpose of the succession
a) between those who are related to a person deceased through his father, and
those who are related to him through his mother; or

b) between those who are related to a person deceased by the full blood, and
those who are related to him by the halfblood; or
c) between those who were actually born and those who were only conceived
in the womb; but who have been subsequently born alive.
Intestate Succession to Christians:
According to Section 32 of The Indian Succession Act, 1925, the property of
an intestate devolves upon the wife or husband, or upon those who are of the kindred
of the deceased, in the order and according to the rules hereinafter contained. A
widow will not be entitled to the provision hereby made for her if, by a valid contract
made before the marriage she has been excluded from her distributive share of her
husband's estate.
As per Section 33 of The Indian Succession Act, 1925, where the intestate has
left a widowa) if he has also left any lineal descendants, one-third of his property shall
belong to his widow, and the remaining two-thirds shall go to his lineal
descendants according to the rules hereinafter contained;
b) save as provided in Section 3 3-A, if he has left no lineal descendants, but
has left persons who are of kindred to him, one-half of his property shall
belong to the widow, and the other half shall go to those who are of kindred to
him, in the order and according to the rules hereinafter contained;
c) If he has left none who are of kindred to him, the whole of his property shall
belong to his widow.
As per Section 33-A of The Indian Succession Act, 1925, where intestate has
left widow and no lineal descendants that1) Where the intestate has left a widow but not lineal descendants and the net
value of his property does not exceed five thousand rupees, the whole of his
property shall belong to the widow.
2) Where the net value of the property exceeds the sum of five thousand
rupees, the widow shall be entitled to five thousand rupees thereof and shall

have a charge upon the whole of such property for such sum of five thousand
rupees, with interest thereon from the date of the death of the intestate at 4 per
cent per annum until payment.
3) The provision for the widow made by this Section shall be in addition and
without prejudice to her interest and share in the residue of the estate of such
intestate remaining after payment of the said sum of five thousand rupees,
with interest as aforesaid, and such residue shall be distributed in accordance
with the provisions of Section 33 as if it were the whole of such intestate's
property.
4) The net value of the property shall be ascertained by deducting from the
gross value thereof all debts, and all funeral and administration expenses of
the mtestate, and all other lawful liabilities and charges to which the property
shall be subject.
5) This Section shall not apply
a) 1o the property of
i) any Indian Christian,
ii) Any child or grandchild of any male person who is or was at the
time of the death of an Indian Christian, or
iii) Any person professing the Hindu, Buddhist, Sikh, or Jain religion,
the succession to whose property is, under Section 24 of The Special
Marriage Act, 1872 regulated by the provisions of this Act.
b) Unless the deceased dies intestate in respect of all his property.
According to Section 34 of The Indian Succession Act, 1925, where the intestate has
left no widow, and where he has left no kindred, his property shall go to his lineal
descendants or to those who are of kindred to him, no being lineal descendants, according to
the rules hereinafter contained; and, il he has left none who are kindred to him, it shall go to
the Government.

As per Section 35 of The Indian Succession Act, 1925, the right of the widower that a
husband surviving his wife has the same rights m respect of her property, if she dies intestate,
as a widow has in respect of her husband's property if he dies intestate.
Section 36 of The Indian Succession Act, 1925 lays down the rules for the distribution
of the intestate's properly (after deducting the widow's share, if he has left a widow) amongst
his lineal descendants shall be those contained in Sections 37 to 40, as follows:
1) Where intestate has left child or children only:
According to Section 37 of the Act, where {he intestate has left surviving him a child
or children, but no more remote lineal descendant through a deceased child, the property shall
belong to the surviving child, if there is only one, or shall be equally divided among all his
surviving children.
2) Where intestate has left a child, but grandchild or grandchildren.
As per Section 46 of the Act, if the intestate's father is dead. but the intestate's mother
is living, and there is neither brother, nor sister, not child of any brother or sister of the
intestate, the property shall belong to the mother.
3) Where intestate has left neither lineal descendant nor father nor mother.
According to Section 47 of the Act, where the intestate has left neither lineal
descendant, nor father or mother, the property shall be divided equally between his brothers
and sisters and the child or children (if more than one) taking in equal shares only the shares
which their respective persons would have taken if living at the intestate's death.
4) Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister.
As per Section 48 of the Act, where the intestate has left neither lineal descendant, nor
parent, nor brother, nor sister, his property shall be divided equally among those of his
relatives who are in the nearest degree of kindred to him.
5) Children's advancements not brought into hotchpotch.
According to Section 49 of the Act, where a distributive share in the property of a
person who has died intestate is claimed by a child, or any descendant of a child, of such
person, no money or other property which the intestate may during his life, have paid, given

or settled to, or for the advancement of, the child by whom or by whose descendant the claim
is made shall be taken into account in estimating such distributive share.
Law Relating to Parsi Women's Right to Succession
The Indian Succession Act, 1925 contains the provisions for Parsi intestates in
Sections 50 to 56.
According to Sections 50 of The Indian Succession Act, 1925, for the purpose of
intestate succession among Parsisa) There is no distinction between those who were born and those who were
conceived in the womb.
b) If an intestate dies without leaving a widow or widower or any lineal descendant
the property shall be divided.
c) Where a widow of intestate has married again she shall not be entitled to receive
any share of the property.
Division of a male's property among his widow, children and parents:
Section 51 of The Indian Succession Act 1925, states that:
(1) Subject to the provisions of sub-sectio.nf 2), the property of which a male Parsi
dies intestate shall be divideda) Where he dies leaving a widow and children among the widow and
children, so that the share of each son and of the widow shall be double the
share of each daughter; or
b) Where he dies leaving children but no widow, among the children, so that
the share of each son shall be double the share of each daughter.
(2) Where a male Parsi dies leaving one or both parents, in addition to children or a
widow and children, the property of which he dies intestate shall be divided so that
the father shall receive a share equal to half the share of a son and the mother shall
receive a share equal to half the share of a daughter.
(3) Division of a female intestate's property among her widower and children:

Under Section 52 of The Indian Succession Act 1925, the propeny of which a female
Parsi dies intestate shall be divideda) Where she dies leaving a widow and children among the widower and children so
that the widower and each child receive equal shares; or
b) Where she dies leaving children but no widower, among the children in equal
shares.
Division of share of pre-deceased child of intestate leaving lineal descendants:
According to Section 53 of The Indian Succession Act, 1925, m all cases
where a Pars! dies leaving any Imeal descendant, if any child of such intestate has
died m the lifetime of the intestate, the division of the share of the property of which
the intestate has died mtestate which such child would have taken if living at the
intestate's death shall be in accordance with the following rules, namelya) If such deceased child was a son, his widow and children shall take shares
in accordance with the provisions of this Chapter as if he had died
immediately after the intestate's dealth. But where such deceased son has left a
widow or a widow of a lineal descendant but no lineal descendant, the residue
of his share after such distribution has been made shall be divided m
accordance with the provisions of this Chapter as property of which the
intestate has died intestate, and in making the division of such residue the said
deceased son of the intestate shall not be taken into account.
(b) If such deceased child was a daughter, her share shall be divided equally
among her children.
(c) If any child of such deceased child has also died during the life time of the
intestate, the share which he or she would have taken if living at the intestate's
death, shall be divided in like manner in accordance with clause(a) or
clause(b) as the case may be.
(d) Where a remote Iineal descendant of the intestate has died during the
lifetime of the intestate, the provisions of clause(c) shall apply Mutatis
Mulandis to the division of any share to which he or she would have been

entitled if living at the intestate's death by reason of the pre-deceased of all the
intestates' lineal descendants directly between him or her and the intestate.
Distribution of property where intestate leaves no lineal descendant but leaves a widow
or a widower or a widow of any lineal descendant:
According to Section 54 of The Indian Succession Act, 1925, where a Pars! dies
without leaving any lineal descendant but leaves a widow or widower or a widow of a lineal
descendant, the property of which the intestate dies shall be divided in accordance with the
following Rules, namely, (a) If the intestate leaves a widow or widower but no widow of a lineal descendant,
the widow or widower shall take half the said property.
(b) If the intestate leaves a widow or widower and also a widow of any lineal
descendant, his widow or her widower shall receive one- third of the said property and the
widow of any lineal descendant shall receive another one-third, or if there is more than one
such widow, the last mentioned one-third shall be divided equally among them.
(c) If the intestate leaves no widow or widower but one widow of a lineal descendant,
she shall receive one-third of the said property, if the intestate leaves no widow or widower
but more than one widow of a lineal descendant, two-thirds of the said property shall be
divided among such widows in equal shares.
(d) The residue after the division specified in clauses (a), (b) or (c) has been made
shall be distributed among the relatives of the intestate in the order specified in Part I of
Schedule II, that is
(i) Father and mother.
(ii) Brothers and sisters (other than uterine brothers and sisters),
(iii) Paternal grandfather and paternal grandmother,
(iv)Children of the paternal grandfather and the Iineal descendants of such of them as
have pre-deceased the intestate,
(v) Paternal grandfather's father and mother,

(vi) Paternal grandfather's father's children and the lineal descendants of such of them
as have predeceased the intestate.
The next of kin standing first in Part I of this Schedule shall be preferred to those
standing second, the second to the third and so on in succession, provided that the
property shall be so distributed that each male shall take double the share of each
female standing in the same degree of propinquity.
(e) If there are no relatives entitled to the residue under clause(d), the whole of the
residue shall be distributed in proportion to the shares specified among the persons
entitled to receive shares under this Section.
Distribution of property where intestate leaves neither lineal descendants nor a widow
or widower nor a widow of any lineal descendant:
As per Section 55 of The Indian Succession Act, 1925, when a Parsi dies leaving
neither lineal descendants nor a widow or widower nor a widow of any lineal descendant, his
or her next of kin, in the order set forth m Part II of Schedule II shall be entitled to succeed to
the whole of the property of which he or she dies intestate, that is to say(i) Father and mother.
(ii) Brothers and sisters (other than uterine brothers and sisters) and Imeal descendants
of such of them as shall have pre-deceased the intestate.
(iii) Paternal grandfather and paternal grandmother.
(iv) Children of the paternal grandfather and the lineal descendants of such of them as
have pre-deceased the intestate.
(v) Paternal grandfather's father and mother.
(vi) Paternal grandfather's father's children and the lineal descendants of such of them
as have pre-deceased the intestate.
(vii) Uterine brothers and sisters and the lineal descendants of such of them as have
pre-deceased the mtestate.
(viii) Maternal grandfather and maternal grandmother.

(ix) Children of the maternal grandfather and the lineal descendants of such of them
as have pre-deceased the intestate.
(x) Widows of brothers or half-brothers.
(xi) Paternal grandfather's son's widow.
(xii) Maternal grandfather's son's widow.
(xiii) Widowers of deceased lineal descendants of the intestate who have not married
again before the death of the intestate.
(xiv) Maternal grandfather's father and mother.
(xv) Children of the maternal grandfather's father and lineal descendants of such of
them as have pre-deceased the intestate
(xvi) Children of the paternal grandmother and the lineal descendants of such of them
as have pre-deceased the intestate.
(xvii) Paternal grandmother's father and mother.
(xviii) Children of the paternal grandmother's father and the lineal descendants of
such of them as have pre-deceased the intestate.
The next of kin standing first in Part-U of this Schedule shall be preferred to those
standing second, the second to the third, and so on in succession, provided that the property
shall be so distributed that each male shall take double the share of each female standing in
the same degree of propinquity.
Division of property where there is no relative entitled to succeed under the provisions
of this Chapter:
As per Section 56 of The Indian Succession Act, 1925, when there is no relative
entitled to succeed under the other provisions of this Chapter to the property of which a Pars!
has died intestate, the said property shall be divided equally among those of the intestate's
relatives who are in the nearest degree of kindred to him.
Parsi Diversor's Property:

According to Section 42 of The Parsi Marriage and Divorce Act, 1936, in any suit of
divorce under this Act, the Court may make such provisions in the final decree as it may
deem just and proper with respect to property presented at or about the time of marriage
which may belong jointly to both the husband and wife.
As per Section 50 of The Parsi Marriage and Divorce Act, 1936, in any case in which
the Court shall pronounce a decree of divorce or judicial separation for adultery of the wife, if
it shall be made to appear to the Court that the wife is entitled to any property either is
possession or reversion, the Court may order such settlement as it shall think reasonable to be
made of any part of such property, not exceeding one-half thereof, for the benefit of the
Children of the marriage or any of them.