[ Everyday Law ]
The intestate succession of a Hindu is governed by the Hindu Succession Act, 1956, read with the Hindu Succession (Amendment) Act, 2005. The Act overrides the pre-1956 customary Hindu law to the extent of inconsistency (Section 4). Two distinct regimes operate side by side. Section 6 governs the devolution of a male Hindu's undivided interest in Mitakshara coparcenary property; Section 8 governs his separate and self-acquired property. Commissioner of Wealth Tax v Chander Sen , (1986) 3 SCC 567 settled that a son does not have a birthright in his father's separate property — that property devolves under Section 8 as the father's individual estate. Vineeta Sharma v Rakesh Sharma , (2020) 9 SCC 1 settled that a daughter is a coparcener by birth under amended Section 6, irrespective of whether her father was alive on 9 September 2005, overruling Prakash v Phulavati , (2016) 2 SCC 36 on the father's-survival requirement. This guide traces the order of succession — Class I heirs in equal share, Class II heirs entry-by-entry, agnates, cognates — and the share computation under Sections 9, 10 and 11.
2026-06-16 · 22 min read
[ Everyday Law ]
Every partition suit in a Hindu family turns on a single classification question — is the property in dispute ancestral or self-acquired? The answer decides whether the sons (and after 2005, the daughters) take a share by birth or whether the holder of the property is free to dispose of it by sale, gift or will in any manner he or she pleases. The classical Mitakshara definition is well settled — property inherited from the father, paternal grandfather or paternal great-grandfather through the male line, without intervening severance, is ancestral. Property acquired by one's own labour, skill or investment, or received by gift, will or any non-ancestral source, is self-acquired. The Supreme Court in C.N. Arunachala Mudaliar v C.A. Muruganatha Mudaliar , AIR 1953 SC 495 settled the test for a father-to-son gift — the gift is presumed to be self-acquired in the son's hands unless the donor's intention to confer ancestral character is clearly shown. Commissioner of Wealth Tax v Chander Sen , (1986) 3 SCC 567 broke from the classical position — property inherited by a son from his father under Section 8 of the Hindu Succession Act, 1956 is the son's separate property and does not take birth in his coparcenary. Vineeta Sharma v Rakesh Sharma , (2020) 9 SCC 1 settled the daughter's coparcenary birthright in property that does remain ancestral. This guide traces the distinction end-to-end — definition, the Arunachala Mudaliar test, the Chander Sen break, the 2005 amendment, the tax consequences and the points where families most often misclassify.
2026-06-16 · 19 min read
