CHANAKYA NATIONAL LAW UNIVERSITY

Rough draft for the partial fulfillment of “FAMILY LAW II” course
On
SUCCESSION TO THE PROPERTY OF A HINDU MALE

Submitted To:-
Mrs. Pooja Jha
Faculty of Family law

Submitted by:-
Dilip Kumar
Roll no. - 1526
2nd year B.A., LL.B. (Hons)

Date of submission: - 12th March, 2018

(A).INTRODUCTION

The Hindu Succession Act, 1956, is a law that was passed by the ‘Parliament of India’. The preamble of the
Act signifies that an Act to amend and codify the law relating to intestate succession among Hindus. The Act
lays down a uniform and comprehensive system of succession whereas attempt has been made to ensure
equality inheritance rights between sons and daughters. It applies to all Hindus including Buddhists Jains
and Sikhs. The Hindu Succession Act, 1956 preserves the dual mode of devolution of property under the
Mitakshara School. The joint family still devolves by Survivorship with this important exception that if a
Mitakshara Coparcener dies leaving behind mother, widow, daughter, daughter’s daughter, son’s daughter,
son’s son’s daughter, son’s widow, son’s son’s widow, or daughter’s son his interest in the joint family
property will devolve by succession.

The property of a Hindu male dying intestate, or without a will, would be given first to heirs within Class I.
If there are no heirs categorized as Class I, the property will be given to heirs within Class II. If there are no
heirs in Class II, the property will be given to the deceased's agnates or relatives through male lineage. If
there are no agnates or relatives through the male’s lineage, then the property is given to the cognates, or any
relative through the lineage of males or females.

There are two classes of heirs that are delineated by the Act.

Class I heirs are sons, daughters, widows, mothers, sons of a pre-deceased son, widows of a pre-deceased
son, son of a, pre-deceased sons of a predeceased son, and widows of a pre-deceased son of a predeceased
son.

If there is more than one widow, multiple surviving sons or multiples of any of the other heirs listed above,
each shall be granted one share of the deceased’s property. Also if the widow of a pre-deceased son, the
widow of a pre-deceased son of a pre-deceased son or the widow of a brother has remarried, she is not
entitled to receive the inheritance.

Class II heirs are categorized as follows and are given the property of the deceased in the following order:

Father,Son's / daughter's son, Son's / daughter's daughter, Brother, Sister, Daughter's / son's son, Daughter's /
son's daughter, Daughter's / daughter's son, Daughter's /daughter's daughter, Brother's son, Sister's
son,Brother's daughter

(1) AIMS AND OBJECTIVE OF THE PROJECT

(i) The researcher’s aim for making this project is to study succession of property.
(ii) How property divides among the male members of the family.

(2) HYPOTHESIS

The researcher has assumed that,

(i) There are two class of heirs in hindu law.
(ii) Shares are different among different members of family.
 (3) RESEARCH QUESTION

(i) How succession of property take place.

(ii) Why there are different shares for the members of family.

(4) LIMITATION OF THE PROJECT

Owing to the large number of topics that could be included in the project, the scope of this research
paper exceedingly vast. However in the interest of brevity and due to certain restrictions like that of
paucity of time etc, the researcher will not be able to deal with the topic in great detail.

(B).REVIEW OF EXISTING LITERATURE

For the purpose of research the researcher will visit CNLU library and review various sources
available.Both of primary and secondary nature. Detailed review of literature will be provided by the
researcher in the final draft.

(C).RESEARCH METHODOLOGY

(i) SOURCES OF DATA

Primary Sources – case laws.

Secondary Sources – Book , websites, journals, articles, magazines etc.

(D).TENTATIVE CHAPTERISATION

(i) Introduction.
(ii) Historical backgrounds.
(iii) Succession to the property of a hindu male.
(iv) Conclusion and suggestion

BIBLIOGRAPHY

BOOKS:-

(i) Maurya, Ram Raj. Hindu Law. Central Law Agency, 1985.
(ii) Raghunath, Gharpure Jagannanth. Hindu Law. Hardpress Ltd, 2013.
(iii) Gupte, A. G. Hindu Law. Premier Publishing Company, 2003.
(iv) Agarwala, Deoki Nandan. Hindu Law. University Book Agency, 1993.

WEBSITES:-

(i) http://www.legalservicesindia.com/article/1002/succession-to-the-property-of-a-hindu-male.html
(ii) https://www.indiafilings.com/learn/distribution-property-death-hindu-male/
(iii) https://en.wikipedia.org/wiki/Hindu_Succession_Act,_1956