All you need to know about Hindu Succession Act, 1956
By Lokmat English Desk | Published: April 24, 2023 02:27 PM2023-04-24T14:27:54+5:302023-04-24T14:27:54+5:30
Next 
Generally, there are disputes over wealth in all families. Sometimes there are disputes between brothers and sometimes between brothers and sisters over ancestral property. If the head of the family or the parents are alive, there is no dispute regarding the property.
So, to avoid such a situation, parents often distribute the property among their heirs during their lifetime. But, the property could not be distributed to a family member during his lifetime, but after his death, how should the property be distributed and what are the rules regarding it?
Different rules between Hindus and Muslims - Hindus and Muslims have different rules regarding property rights in our country. In the Hindu Succession Act, 1956, both sons and daughters are considered to have equal rights over the father's property.
When a Hindu person dies without making a will, the law states how the property of that person will be legally distributed to his heirs or next of kin.
What the Hindu Succession Act, 1956 says - Under the Hindu Succession Act, 1956, if the owner of the property i.e. the father or the head of the family dies before making a will, the property of the concerned person passes to class-1 heirs (son, daughter, widow, mother).
But, if there are no heirs mentioned in Class 1, in such a case the property passes to the heirs of Class 2 (son's daughter's son, son's daughter's daughter and brother, sister). Importantly, Hindu inheritance law also applies to Buddhist, Jain and Sikh communities.
Importantly, fathers do not have the freedom to make decisions regarding ancestral property. This gives both the son and the daughter equal rights in property.
Earlier, girls were not given equal rights in property. But in the year 2005, by researching the law of inheritance, girls have also been given equal rights in ancestral property.
The Hindu Succession Act does not apply to Indian Muslims and Christians since they have their personal law to determine how property would be inherited by their legal heirs.