The general rule of succession under Hindu law is that upon the death of a person, their property is inherited by their heirs according to the Hindu Succession Act, 1956. The Act applies to all Hindus, including Buddhists, Jains, and Sikhs, and governs the succession of both movable and immovable property.
The Act provides for Two Types of Heirs:
- Class I heirs: This includes the spouse, children (including adopted children), and mother of the deceased. If the deceased is a female, her husband’s heirs also have a claim to her property.
- Class II heirs: If there are no Class I heirs, the property is inherited by Class II heirs, which includes the father, siblings, grandparents, and grandchildren of the deceased.
If there are no Class I or Class II heirs, the property will be inherited by the agnates (relatives on the father’s side) or the cognates (relatives on the mother’s side) of the deceased.
The Act also provides for the inheritance of property in cases where the deceased had made a will or gift during their lifetime. The Act specifies that a person can dispose of their property by will or gift, but only to the extent that it does not conflict with the provisions of the Act.
