Legal Rights of Children in Inheritance Disputes in India

Legal Rights of Children in Inheritance Disputes in India

Property inheritance law refers to the transfer of a person’s property, debts, titles, rights, and duties to another person following their death. Inheritance laws in India are multifaceted, governed by various personal laws rooted in religion and region. 

These laws determine how property, rights, duties, and obligations of a deceased individual are passed on to their legal heirs. Inheritance laws in India offer clarity on the rights of legal heirs, the types of property that can be inherited, and the specific regulations under different legal frameworks.

Understanding Property Inheritance in India:

Property inheritance is the legal process through which the estate of a deceased person is distributed among their heirs. In India, inheritance can occur through two mechanisms:

1. By Will (Testamentary Succession):

  • The deceased individual explicitly outlines the distribution of their property in a will.
  • The provisions of the will take precedence and are subject to any legal limitations.

2. Without Will (Intestate Succession):

  • In the absence of a will, property distribution is governed by the personal laws applicable to the deceased based on their religion.

Types of Property in Inheritance:

Indian inheritance laws categorise property into two main types:

1. Ancestral Property:

  • Defined as property inherited up to four generations from a common ancestor.
  • It is not divided among family members and remains jointly owned.
  • Rights: Sons and daughters have equal rights to ancestral property by birth under the Hindu Succession Act, of 1956.
  • Restrictions: Ancestral property cannot be sold, transferred, or bequeathed through a will without the consent of all legal heirs.
  • In Sarvamma vs. U.R. Virupakshaiah, 2010 SCC Online Kar 136, it was said that the Ancestral property is inherited from up to 4 generations of male lineage and must remain undivided throughout the period of lineage.

2. Self-Acquired Property:

  • Defined as property purchased or acquired by an individual using their personal income or resources.
  • Rights: The owner has full discretion to dispose of the property through a will, sale, or gift.
  • Inheritance: If the owner dies intestate, the property is distributed according to the personal laws applicable to the deceased.

Inheritance Under Hindu Law:

The Hindu Succession Act, of 1956, governs inheritance among Hindus, Buddhists, Jains, and Sikhs. Significant amendments in 2005 introduced gender equality in property rights.

Modes of Succession:

1. Testamentary Succession:
  • Property distribution follows the provisions of the deceased’s will.
2. Intestate Succession:
  • When no will exists, the law dictates the hierarchy and shares of inheritance.

Distribution Rules for Intestate Succession:

  • If Father Dies Intestate:
    • Property first devolves upon Class I heirs, including the deceased’s son, daughter, widow, and mother.
    • If no Class I heirs exist, it moves to Class II heirs, followed by agnates (male lineage) and cognates (female lineage).
  • If Mother Dies Intestate:
    • Property is first distributed equally among her children and husband. If no such heirs exist, it goes to the heirs of her husband, parents, and extended family.

Legal Heirs Under Hindu Law:

Class I Heirs:

  • Sons, daughters, widows, and mothers inherit equally.
  • Children and widows of predeceased sons or daughters are also included.

Class II Heirs:

  • This includes the father, siblings, grandparents, nephew, niece, and aunt.
  • They inherit only if no Class I heirs exist.

Other Relations:

  • Agnates: Male relatives through the male line by blood or adoption.
  • Cognates: Relatives connected through female lineage by blood or adoption.

Sections under the Hindu Succession Act, 1956:

  • Section 6: Equal rights for daughters as coparceners in ancestral property.
  • Section 8: Rules of succession for males dying intestate.
  • Section 15: Rules of succession for females dying intestate.
  • Section 16: Order of succession among heirs.

The SC held in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1, that a woman/daughter shall also be considered as a joint legal heir as a son and can inherit ancestral property equally as a male heir, irrespective that the father was not alive before the Hindu Succession (Amendment) Act, 2005, came into effect.

Inheritance Under Muslim Law:

Muslim inheritance laws are based on personal laws derived from the Quran and are distinct in their approach to property distribution.

Categories of Heirs

1. Sharers (Quranic Heirs):
  • Receive fixed shares as specified in the Quran.
  • There are 12 sharers in Muslim Law.
  • Includes the spouse, children, parents, true grandparents, Son’s daughter, Full sister, Consanguine sister, and Uterine Siblings.
2. Residuaries:
  • Inherit the residue of the estate after the sharers’ claims are settled.
  • Includes Son, Daughter, Son’s children, father, full and Consanguine siblings, Full and Consanguine Paternal Uncle and their sons and grandsons, Full and Consanguine brother and his son and grandson.
3. Distant Kindred:
  • Extended family members who inherit if no sharers or residuaries exist.
Key Features of Muslim Inheritance:
  • No distinction between ancestral and self-acquired property.
  • Fixed shares ensure equitable distribution among heirs.
  • A maximum of one-third of the estate can be bequeathed through a will; the remaining must adhere to prescribed shares.

In addition, Muslim personal law has three stages of succession:
1. The first stage addresses the duties that must be fulfilled in the event of an Indian Muslim’s death. In essence, four tasks must be completed:

  • Coverage of burial costs
  • Wage Payment
  • Loans
  • Will: Will execution up to the allotted portion

Before the estate is distributed to the heirs and successors, these must be subtracted.
2. The distribution among heirs and successors is covered in the second stage. This is where the real distribution among heirs begins.
3. The final stage occurs when the government inherits the entire estate and the dead has no surviving legal heirs.
In Rijia Bibi & Ors. vs. Abdul Kachem & Anr. (2013), The will was declared illegal by the court because it went beyond what was allowed under Muslim law i.e. a maximum portion of 1/3rd of the estate, preserving the plaintiffs’ due portion. The case reinforced the need to abide by certain legal rules, especially in Muslim laws when it comes to wills and bequeathals.

Inheritance Under Christian Law:

The Indian Succession Act, of 1925, governs inheritance among Christians. It ensures an equitable distribution of property:

  • If there are children, the estate is divided equally among the surviving spouse and children.
  • If there are no children, the property passes to the deceased’s parents, siblings, or extended family.

Relevant Sections of the Indian Succession Act, 1925:

  • Section 33: Governs the distribution of property among the spouse and lineal descendants.

Girl Child’s Inheritance Rights in India:

The rights of girl children to inherit property have undergone significant legal reform. Under the Hindu Succession (Amendment) Act, of 2005, daughters have equal rights to ancestral property by birth as sons.

  • These rights are granted irrespective of their marital status.
  • Women have independent ownership rights over inherited property and can manage or dispose of it as they see fit.

The SC held in Arunachala Gounder v. Ponnusamy, (2022) 11 SCC 520 that the self-acquired property of a Hindu male dying intestate i.e., without writing a will, would devolve by inheritance and not by succession. Further, the Court said that such property shall be inherited by the daughter, in addition to the property of the coparcenary which was obtained through the partition.

Special Cases in Inheritance:

Adopted Children

  • Under Hindu law, adopted children are treated as biological children and have equal inheritance rights under the Hindu Succession Act, of 1956.

Grandchildren

  • Inherit through their predeceased parents under Hindu law but may not have direct claims if their parents are alive.

Children born from Void/Voidable Marriage

Children from void or voidable marriages are considered “legitimate kin” under the Hindu Succession Act, of 1956 which governs inheritance. They cannot be deemed illegitimate when it comes to inheriting family property. They are entitled to inherit their parents’ property, whether self-acquired or ancestral as held in Revanasiddappa vs. Mallikarjun, 2011.

In Kattukandi Edathil Krishnan vs. Kattukandi Edathil Vilsan, 2022 SCC Online SC 737, it was held by the Hon’ble Apex court that even the children born from live-in relationship possess the coparcenary right to inherit the family’s property.

CONCLUSION:

Inheritance laws in India are governed by religion-specific regulations and general laws like the Indian Succession Act, of 1925. These laws address property transfer through wills (testamentary succession) or intestate (without a will). 

Key laws include the Hindu Succession Act, of 1956, which grants equal rights to sons and daughters for ancestral properties and prioritizes Class I heirs. 

For Muslims, inheritance is governed by Sharia law, which fixes specific shares for heirs. The Indian Succession Act governs 

Christians, ensuring equitable distribution among the spouse, children, and extended family. Amendments, particularly post 2005, have strengthened women’s property rights across religions. 

Adopted children enjoy equal rights under Hindu law. Spouses and widows inherit as legal heirs, and special rules govern rights to ancestral and self-acquired properties. A proper understanding of these laws is essential to ensure fair distribution and avoid disputes.

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This article was written and submitted by Adv Sanskar,  you can reach out to the author at sanskar@bnblegal.com