Testamentary Succession In Hindu Law Essay

Hindu Law and Succession of Hindu Males

Hindu males under the Indian Succession Act can be brought under two broad categories:

i. Testamentary succession

ii. Intestate succession

TESTAMENTARY SUCCESSION

Where a succession is governed by a testament or a will, it is called testamentary

succession. Under Hindu law, a Hindu male has the capability to make his will of his

property, in favor of anyone.3 In such a case the property after his death, will devolve on

any individual, effective under the Will.4 Where the will is invalid or cannot take effect

due to any reason, the property will devolve as per the laws of inheritance.5

INTESTATE SUCCESSION

Where a person dies, leaving behind some property, but no will or testament capable of

With respect to testamentary succession, it empowers

a Hindu male or female, to make a testamentary disposition of the totality of properties,

in favor of anyone, male or female.6 For male Hindu, who is a member of a Mitakshra

coparcenary, the capability to make a will extends to even an undivided share in the

Mitakshra coparcenary property.7

3 Mulla on succession law

4 Bhim singh v. rash bihari, AIR 1965 MP 234

5 Rashmi v. K Ashutosh, AIR 1972 Pat. 567

6 Raman Singh v. Bibi Jagir Kaur, AIR 1932 Pun. 234

7 Ghyan chand v. talbir singh & ors., AIR 1956 SC 45

The general principles of inheritance which are applicable in case of males8, give

statutory form to certain well-established Hindu law norms, which are deeply entrenched

in the society. As a general rule, full blood male Hindus are accorded a preferential

Upon a Hindu male's death, the right of succession first devolves upon the Class 1 heirs,

if any. If there are several Class 1 heirs, then, there are some very sound and certain rules

as to how they will share the properties amongst themselves.10 The wife, mother