UNIT – III

PRINCIPLES OF INHERITANCE
Under Hindu and Muslim Law
Hindu Law & Muslim Law — Detailed Lecture Notes (10 Lectures)

Topic Coverage

a. Hindu Succession Act, 1956 General rules, succession of Hindu male & female dying intestate, 2005
Amendment

b. Stridhan and Women's Estate Meaning, sources, powers of limited owner, devolution

c. Muslim Law of Inheritance Quranic heirs, agnatic heirs, residuaries, exclusion rules, calculation
(Sunni)

These notes comprehensively cover all three sub-topics of Unit III with statutory
provisions, case law, tables, and examination-relevant analysis.
 TOPIC A

The Hindu Succession Act, 1956 — General Rules of Succession

1. Introduction and Background

Before the Hindu Succession Act, 1956 (HSA), Hindu succession was governed by the uncodified
Mitakshara and Dayabhaga schools, which were largely discriminatory against women. The HSA was
enacted to codify and reform the law of intestate succession among Hindus, Buddhists, Jains, and Sikhs.
It applies to property other than agricultural land in states that have their own tenancy laws.

Intestate Succession means succession to the property of a person who dies without making a valid will.
The HSA governs how such property devolves.

Applicability: The Act applies to any person who is a Hindu by religion (including Virashaiva, Lingayat,
Brahmo, Prarthana, Arya Samaj followers), Buddhist, Jain, or Sikh (Section 2, HSA).

2. General Rules of Succession (Sections 6–29)

Key Definitions:
• Heir — a person entitled to succeed to the property of a Hindu dying intestate.
• Intestate — a person is deemed to die intestate in respect of property of which he/she has not made a
testamentary disposition.
• Related means related by legitimate kinship; illegitimate children have limited rights.

Section 8 — General Rules of Succession (Male Hindu):

The property of a male Hindu dying intestate devolves according to the rules in Chapter II of the Act. There
are four categories of heirs:

(i) Class I Heirs (Schedule) — take simultaneously and to the exclusion of all other heirs. They inherit
per capita (in equal shares).
(ii) Class II Heirs (Schedule) — take in the order listed if there are no Class I heirs. Heirs in an earlier
entry of Class II exclude those in a later entry.
(iii) Agnates — persons related wholly through males (Section 12). They succeed if there are no Class I
or Class II heirs.
(iv) Cognates — persons related not wholly through males (Section 13). They succeed if there are no
Class I, Class II heirs, or agnates.

3. Class I Heirs of a Male Hindu

The Schedule to the HSA lists the following as Class I heirs:

Class I Heirs Notes

Son Includes son of a predeceased son (takes father's
share)

Daughter Equal share with son (confirmed post-2005

amendment)

Widow Takes one share; multiple widows share one share

Mother Takes one share equal to a child

Son of a predeceased son Takes his father's share by representation

Daughter of a predeceased son Takes by representation

Son of a predeceased daughter Takes by representation

Daughter of a predeceased daughter Takes by representation

Widow of a predeceased son Takes by representation

Son of a predeceased son of a predeceased son Three-level representation

Daughter of a predeceased son of a predeceased son Three-level representation

Widow of a predeceased son of a predeceased son Three-level representation

Rule of Representation (Section 10):

If a Class I heir has predeceased the intestate, that heir's share is taken by his/her children (and further
descendants) by representation. The descendants of a predeceased heir collectively take only one share
(the share the predeceased would have taken).

4. Class II Heirs of a Male Hindu

Class II heirs inherit only if there are no Class I heirs. They take in the order of entries listed in the
Schedule — heirs in Entry I exclude heirs in Entry II, and so on.

Entry Heirs

I Father

II Son's daughter's son; son's daughter's daughter; brother; sister

III Daughter's son's son; daughter's son's daughter; daughter's daughter's son; daughter's
daughter's daughter

IV Brother's son; sister's son; brother's daughter; 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

5. Agnates and Cognates

Agnates (Section 12): A person is an agnate of another if the two are related by blood or adoption wholly
through males. Among agnates, nearer in degree excludes farther. Where degree is equal, male agnates
are preferred over female agnates.

Cognates (Section 13): A person is a cognate if related by blood or adoption but not wholly through
males. Cognates succeed only if there are no Class I, Class II heirs, or agnates. The same rules of degree
apply.

6. Succession of a Hindu Female Dying Intestate (Sections 14–16)

Section 15 governs the devolution of the property of a Hindu female dying intestate. The order of
succession is different from that of a male Hindu.

Section 15 — Order of Succession for a Female Hindu:

Priority Heirs Notes

First Sons and daughters (including children of All take equally; children of
predeceased son/daughter) and husband predeceased child take by
representation

Second Heirs of the husband Devolves as if husband had survived

her and then died

Third Mother and father Both take equal shares

Fourth Heirs of the father Per rules of succession of father

Fifth Heirs of the mother Per rules of succession of mother

Special Rule (Section 15(2)):

There is an important exception: if a female Hindu dies without issue (no children), property inherited by
her from her father or mother devolves upon the heirs of her father, NOT upon her husband or heirs of
the husband. Similarly, property inherited from her husband or father-in-law devolves upon the heirs of
her husband, not upon her own parents' heirs.

Bhagat Ram v. Teja Singh AIR 2002 SC 1: The Supreme Court affirmed that Section 15(2) creates a
special rule of reversion — property inherited by a female from her father returns to the father's heirs if
 she dies issueless.

7. The Hindu Succession (Amendment) Act, 2005

The 2005 Amendment made three landmark changes:

(A) Substitution of Section 6 — Daughters as Coparceners:

Daughters of a coparcener became coparceners by birth with the same rights and liabilities as sons. They
are entitled to an equal share on partition and can also be Karta.

Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1: The Supreme Court held this right is by birth and
applies to daughters born before 2005 as well, provided partition was not finalised before 20.12.2004.

(B) Deletion of Section 23 — Dwelling House:

The old Section 23, which prevented female heirs from demanding partition of a dwelling house until male
heirs chose to divide, was deleted. Female heirs now have equal right to demand partition of the family
dwelling house.

(C) Deletion of Section 24 — Widows' Disabilities:

The provision that disentitled widows (widow of a son, son's son, or brother) from inheriting if they had
remarried was deleted. Remarried widows can now inherit.

8. Rules of Computation of Shares

Per Capita vs. Per Stirpes:

Under Section 10, simultaneous heirs take per capita (equally). Children of a predeceased heir take per
stirpes (collectively taking the deceased heir's share).

Example: A (intestate) has two sons B and C, and a daughter D. B predeceased A leaving two children X
and Y. C, D, X, and Y are the heirs. C takes 1/3, D takes 1/3, and X and Y together take 1/3 (B's share),
i.e., 1/6 each.

State Bank of India v. Ghamandi Ram AIR 1969 SC 1330: The Supreme Court explained the rule of
representation under Section 10 — descendants of a predeceased heir take collectively what the
predeceased would have taken.
 TOPIC B

Stridhan and Women's Estate

1. Stridhan — Meaning
The term 'Stridhan' literally means 'woman's property' (Stri = woman; Dhana = property). It refers to
property over which a Hindu woman has absolute ownership — she can use it, alienate it, and bequeath
it at her complete discretion, without needing the consent of her husband or any other person.

Stridhan has its roots in the ancient Smritis (especially Manu, Yajnavalkya, and Katyayana). The concept
was recognised and developed by both the Mitakshara and Dayabhaga schools.

2. Sources / Types of Stridhan

The classical texts identify several sources of Stridhan:

Source Description

Gifts before the nuptial fire (Adhyagni) Gifts given at the time of marriage before the sacred fire

Gifts at the bridal procession Gifts given during the marriage procession
(Adhyavahanika)

Gifts of love (Pritidatta) Gifts given out of affection by parents, brothers, parents-in-law, or
husband

Gifts from father (Pitridatta) Property received from father at any time

Gifts from mother (Matridatta) Property received from mother

Gifts from brother (Bhratridatta) Property received from brother

Sulka Bride price — money paid to the bride's parents

Gifts from husband during marriage Jewellery and other gifts given by the husband

Property acquired by inheritance Property inherited from female relatives

Self-acquired property Property acquired by the woman's own skill or labour

3. Stridhan under the Hindu Succession Act, 1956

Section 14 of the HSA is the most significant provision regarding a Hindu woman's property. It provides
that any property possessed by a female Hindu — whether acquired before or after the commencement of
the Act — shall be held by her as full owner and not as a limited owner.
Section 14(1): Any property possessed by a female Hindu, whether acquired by her before or after the
commencement of this Act, shall be held by her as the full owner thereof and not as a limited owner.

Section 14(2): Section 14(1) shall not apply to any property acquired by way of gift or under a will or any
other instrument or under a decree or order of court or under an award if the terms of the gift, will,
instrument, decree, order, or award prescribe a restricted estate in such property.

Mangal Singh v. Smt. Rattno AIR 1967 SC 1786: Section 14(1) operates prospectively as well as
retrospectively. A limited estate possessed by a female Hindu at the time of the Act automatically
becomes a full/absolute estate.

V. Tulasamma v. V. Sesha Reddi AIR 1977 SC 1944: The Supreme Court held that the expression
'possessed' in Section 14(1) means actual or constructive possession at the time of the commencement
of the Act. The word is to be given the widest possible interpretation.

4. Women's Estate (Limited Estate)

Before Section 14(1) of the HSA converted all limited estates into absolute ones, Hindu women could hold
property as a 'limited owner' or 'widow's estate'. This concept, known as Women's Estate, is important
both historically and under Section 14(2).

Features of Women's Estate (Limited Estate):

• A female limited owner had the right to possession, enjoyment, and management of the property
during her lifetime.
• She could alienate the property only for legal necessity, estate necessity, or for acts of indispensable
religious duty.
• She could not alienate by way of gift or by will (subject to exceptions).
• On her death, the property did not pass to her heirs but reverted to the nearest reversioners (the
heirs of the last full male owner).
• She had no right to create any interest in the property that would bind the reversioners.

5. Devolution of Stridhan on Death

Under Section 15 of the HSA, Stridhan (as absolute property of a female Hindu) devolves on her death
intestate in the order specified in Section 15. The special reversion rule under Section 15(2) applies —
property inherited from her father returns to father's heirs if she dies without issue; property inherited from
husband returns to husband's heirs.

6. Husband's Right over Stridhan

The husband has no ownership over Stridhan. He may, in times of acute distress or for urgent necessity,
use Stridhan temporarily but must restore it or pay equivalent value. This right of temporary use is called
'Apatkale'. The wife can recover it from him in all circumstances.

Pratibha Rani v. Suraj Kumar AIR 1985 SC 628: The Supreme Court held that Stridhan is the absolute
property of the wife. The husband has no right over it and if he misappropriates it, he is liable under
Section 405 IPC for criminal breach of trust.
 TOPIC C

Principles of Inheritance under Muslim Law (Sunni)

1. Introduction
Muslim Law of inheritance is derived primarily from the Holy Quran (Surah An-Nisa, Chapter 4), the
Hadith (sayings of the Prophet), and the Ijma (consensus of jurists). The Sunni law of inheritance (which
applies to the majority of Indian Muslims) is based on the Hanafi school as codified by jurists like Sirajiyya.

Muslim inheritance is strictly a system of intestate succession — a Muslim can only will up to one-third
of his estate; the remaining two-thirds must pass by the rules of inheritance. A Muslim cannot exclude his
legal heirs through a will.

2. General Principles of Muslim Inheritance

• Right vests on death: The right of inheritance arises only on the death of the propositus. No Muslim
can be deprived of inheritance during the propositus's lifetime.
• No right of primogeniture: The eldest son has no special right; all heirs of the same class share
equally (or as prescribed by the Quran).
• One-third testamentary freedom: A Muslim can bequeath only up to one-third of his estate by will,
and even this requires the consent of other heirs.
• Residue goes to heirs: After paying debts and one-third will, the remainder passes to heirs as per
fixed shares.
• No right by survivorship: Unlike Mitakshara coparcenary, Muslim law has no doctrine of survivorship.
• Two males = one female rule: In many categories, a male heir receives twice the share of a female
heir of the same class.

3. Classification of Heirs under Sunni Law

Sunni law divides heirs into three main categories:

(A) Sharers (Quranic Heirs / Dhawul-Faraid):

These are heirs whose shares are fixed by the Quran. There are twelve Quranic heirs in Sunni law. They
take their prescribed fractional shares before anyone else.

Heir Share Condition

Husband 1/4 (with child); 1/2 (without child)

Wife / Wives 1/8 (with child); 1/4 (without child) Multiple wives share equally

Daughter 1/2 (sole); 2/3 (two or more) When no son exists

Son's daughter 1/2 (sole); 2/3 (two+); 1/6 (residue When no son or daughter exists
filler)

Father 1/6 (with child); residuary (no child)

Paternal grandfather 1/6 (with child) Only when no father

Mother 1/3 (no child/siblings); 1/6 (with

child/siblings)

Grandmother 1/6 When no mother exists

(maternal/paternal)

Full sister 1/2 (sole); 2/3 (two+) No son, daughter, father, or son's son

Consanguine sister 1/2 (sole); 1/6 residue filler No full brother/sister

Uterine brother 1/6 (sole); 1/3 (two+) No son, daughter, father

Uterine sister 1/6 (sole); 1/3 (two+) Same conditions as uterine brother

(B) Residuaries (Asabat / Agnatic Heirs):

Residuaries are heirs who take what remains of the estate after the sharers have received their fixed
shares. If there are no sharers, the residuaries take the entire estate. Residuaries are further sub-divided
into:

(i) Residuaries in their own right (Asaba bin-nafs): Those who inherit as residuaries by themselves —
e.g., son, son's son, father, full brother, consanguine brother.
(ii) Residuaries through another (Asaba bil-ghair): A female who inherits as residuary because of a
male heir in the same degree. E.g., a daughter becomes a residuary when there is a son.
(iii) Residuaries with another (Asaba mal-ghair): Full sister or consanguine sister inherits as residuary
when she is together with a daughter or son's daughter.

(C) Distant Kindred (Dhawul-Arham):

Distant kindred are all blood relatives who are neither sharers nor residuaries. Under Sunni (Hanafi) law,
distant kindred inherit only if there are no sharers or residuaries. They represent the third and last
category of heirs.

4. Rules for Calculating Shares — The Aul and Radd

Aul (Increase of Denominator / Proportionate Reduction):

When the total of the sharers' fractional shares exceeds 1 (unity), the denominator is increased so that
each heir's share is proportionately reduced. This is called Aul ('to increase'). For example, if the total of
shares is 5/6 + 1/4 = 13/12, the denominator is increased from 12 to 13 and each heir takes a
proportionately reduced share.
 Radd (Return / Increase to Sharers):
When the total of the sharers' shares is less than 1 and there are no residuaries, the undistributed residue
is returned to the sharers in proportion to their shares. This is called Radd ('to return'). Under Sunni law,
the husband and wife do not benefit from Radd — the residue is returned to other sharers only.

5. Rules of Exclusion and Disqualification

Absolute Bar to Inheritance:

• Difference of religion: A Muslim cannot inherit from a non-Muslim and vice versa (with limited
exceptions under certain schools).
• Homicide: A person who causes the death of the propositus cannot inherit from him/her under Sunni
law.
• Illegitimacy: An illegitimate child cannot inherit from the father under Muslim law (he can inherit from
the mother).

Relative Exclusion (Hajb):

A nearer heir excludes (hajbs) a remoter heir. There are two types:

(i) Hajb-i-Hirman (Complete exclusion): A nearer heir completely excludes the remoter heir. E.g., the
father completely excludes the paternal grandfather.
(ii) Hajb-i-Nuqsan (Partial exclusion / reduction): The presence of certain heirs reduces (but does not
exclude) another heir's share. E.g., children reduce the husband's share from 1/2 to 1/4.

6. Key Differences: Sunni vs. Shia Inheritance

Aspect Sunni (Hanafi) Shia (Ithna Ashariyya)

Number of Quranic heirs 12 Broadly similar but with variations

Distant kindred Inherit after sharers and residuaries Prefer distant kindred over many
residuaries

Doctrine of Aul Recognised Not fully recognised; husband/wife's

share reduced first

Radd Husband/wife excluded from Radd Husband/wife may benefit from Radd

Son's share Residuary; takes entire estate if Same

sole heir

7. Worked Example of Sunni Succession

Facts: A (male Muslim, Sunni) dies leaving behind a Wife (W), a Daughter (D), a Son (S), and his Mother
(M). Calculate shares:

Step 1 — Identify sharers:

 • Wife: 1/8 (there is a child)
• Mother: 1/6 (there is a child)
• Daughter: would normally be a sharer (1/2) but since there is a son, she becomes a residuary with him
(Asaba bil-ghair)
• Son: residuary
Step 2 — Compute:

• Wife takes 1/8; Mother takes 1/6.

• Total taken by sharers: 1/8 + 1/6 = 3/24 + 4/24 = 7/24
• Residue = 17/24 to be divided between Son and Daughter in ratio 2:1 (son gets twice the daughter's
share)
• Son's share = 2/3 of 17/24 = 34/72 = 17/36
• Daughter's share = 1/3 of 17/24 = 17/72
Note: Always deduct funeral expenses and debts before computing shares.

8. Summary Comparison: Hindu and Muslim Succession

Aspect Hindu Succession (HSA 1956) Muslim Succession (Sunni)

Source of law Hindu Succession Act, 1956 (as amended Quran, Hadith, Ijma
2005)

Basis of shares Per capita among simultaneous heirs Fixed Quranic fractions

Female inheritance Equal to male (post-2005) Generally half of male's share

Testamentary freedom Unlimited (entire estate) Limited to 1/3 of estate

Daughter's rights Coparcener by birth, equal share (post-2005) 1/2 of son's share; 1/2 as Quranic
heir if sole

Survivorship Abolished by HSA No survivorship

Exclusion Class I excludes Class II, etc. Hajb (partial or total exclusion)

Residue Passes to distant relatives if no Class heirs Returns to sharers via Radd or to
distant kindred

These notes are prepared for academic purposes. For precise legal advice, consult original statutory texts and a qualified
legal professional.