Unit 3 of Family Law – II (syllabus: Module III — succession to the property of a male and of a female Hindu; the classes of heirs and the rules of distribution; disqualifications; and the effect of the 2005 substitution, taken from the sources that carry it). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- In what order does the property of a male Hindu dying intestate devolve?
- How is a Class I estate divided?
- How are agnates and cognates ranked against each other?
- What did s. 14 do to a Hindu woman's property?
- How does the property of a female Hindu dying intestate devolve?
- Which heirs are disqualified, and what happens to their share?
- What general rules govern every succession under the Act?
- How far may a Hindu defeat the rules of intestate succession by will?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Hindu Succession Act 1956, s. 8 and 9
- Hindu Succession Act 1956, s. 10, with the Schedule
- Hindu Succession Act 1956, s. 3(1)(a), 3(1)(c), 12 and 13
- Hindu Succession Act 1956, s. 14
- Hindu Succession Act 1956, s. 15 and 16
- Hindu Succession Act 1956, s. 25, 26, 27 and 28
- Hindu Succession Act 1956, s. 18, 19, 20, 21 and 22
- Hindu Succession Act 1956, s. 30, with its Explanation
Leading cases
- Commissioner of Wealth Tax v. Chander Sen
- Gurupad Khandappa Magdum v. Hirabai Khandappa Magdum
- V. Tulasamma v. Sesha Reddy
- Om Prakash v. Radha Charan
- Vellikannu v. R. Singaperumal
- Vineeta Sharma v. Rakesh Sharma
Full case summaries
- Commissioner of Wealth Tax v. Chander Sen (1986)
- Uttam v. Saubhag Singh (2016)
- V. Tulasamma v. Sesha Reddy (1977)
- Bhagat Ram v. Teja Singh (2002)
- Om Prakash v. Radha Charan (2009)
- Vellikannu v. R. Singaperumal (2005)