Hindu succession and inheritance in Coimbatore
Advice for families in Coimbatore on who inherits under the Hindu Succession Act, the rights of daughters and widows, wills, legal heir and succession certificates, and recording an inheritance in the property records.
Introduction to the legal issue
When a Hindu dies without a will, the Hindu Succession Act, 1956 decides who inherits. The Act also applies to Buddhists, Jains and Sikhs. When there is a valid will, the property passes under the will, because a Hindu may dispose of property by will under Section 30 of the Act.
The property of a Hindu man who dies without a will goes first to his Class I heirs, who take together. They include his sons, daughters, widow and mother, and the children and widow of a son or daughter who died before him. The widow, each son, each daughter and the mother take one share each.
Two rules changed the position of women. Under Section 14, property held by a Hindu woman is hers absolutely. Under Section 6, as amended in 2005, a daughter is a coparcener in joint family property by birth. Tamil Nadu had already given this right to daughters who were unmarried on 25 March 1989, by a State amendment.
Common situations where these issues arise
- a parent has died without a will, and the family needs to know who inherits and in what shares
- a daughter or widow has been told she has no share
- the patta, the bank accounts or the electricity connection are still in the name of a person who has died
- the heirs want to sell inherited property, and the buyer asks for proof of all the legal heirs
- there is a will, and some heirs doubt it or do not accept it
- a woman has died leaving property received from her parents or her husband's family
- a parent wants to plan the succession by a will, settlement or gift
Applicable Indian legislation
The main laws are listed below. The section numbers are those most often relevant to these matters.
- Hindu Succession Act, 1956 (official text, India Code): Coparcenary property and the rights of daughters (Section 6), succession to a man's property (Sections 8 to 10 and the Schedule), a woman's absolute ownership (Section 14), succession to a woman's property (Sections 15 and 16), disqualification of a murderer (Section 25) and succession by will (Section 30).
- Hindu Succession (Tamil Nadu Amendment) Act, 1989: Gave daughters who were unmarried on 25 March 1989 the rights of a coparcener in Tamil Nadu. The 2005 central amendment now applies to all daughters.
- Indian Succession Act, 1925 (official text, India Code): The making and proof of wills, probate and letters of administration, and succession certificates for debts and securities.
- Registration Act, 1908 (official text, India Code): Registration of a will is optional (Section 18), though it helps to prove the will later. Settlement, gift and partition deeds of immovable property must be registered.
Legal procedures, step by step
Identify the property and its character
We separate self-acquired property from joint family or ancestral property, because the rules and the shares differ.
Identify the heirs
We prepare a family tree and obtain the death certificate and the legal heir certificate, which in Tamil Nadu is issued by the revenue department.
Check for a will
If there is a will, we examine whether it was properly signed and attested, and whether probate or other proof is needed for the property concerned.
Record the inheritance
We help with patta transfer, and with the documents needed for banks, insurers and other institutions. A succession certificate from the court is needed for some debts and securities.
Divide by agreement
Where the heirs agree, a registered partition, release or settlement deed fixes each person's portion.
Resolve disputes
Where a share is denied or a will is contested, we advise on a notice, mediation and, if needed, a suit for partition or declaration.
Documents generally required
Bring what you have. We will tell you what is missing. Copies are enough for the first review.
- death certificate of the owner
- legal heir certificate, and the family's identity documents
- title deeds, patta and encumbrance certificates of each property
- the will, if any, with details of the attesting witnesses
- bank, deposit, share and insurance details, where a succession certificate may be needed
- any earlier partition, settlement, gift or release deed in the family
Common questions
Who inherits when a Hindu man dies without a will?
His Class I heirs take together and exclude all others. They include his sons, daughters, widow and mother, and the children and widow of a son or daughter who died before him. The widow, each son, each daughter and the mother take one share each.
Do daughters have the same rights as sons?
Yes. A daughter inherits her father's self-acquired property as a Class I heir, and since the 2005 amendment she is a coparcener in joint family property by birth. The Supreme Court confirmed this in Vineeta Sharma v. Rakesh Sharma.
Who inherits a Hindu woman's property?
First her sons, daughters and husband. If she leaves no children, property she inherited from her parents goes to her father's heirs, and property she inherited from her husband or father-in-law goes to her husband's heirs, under Section 15.
Can a father give all his self-acquired property to one child?
Yes. A person may dispose of self-acquired property by will, gift or settlement as they choose. Joint family property is different, because the other coparceners already hold shares in it.
Is it compulsory to register a will?
No. Registration of a will is optional. A registered will is easier to prove, but an unregistered will that was properly signed and attested by two witnesses is valid.
Is probate needed for a will in Coimbatore?
Generally not for a Hindu's will that concerns property in Coimbatore. Under the Indian Succession Act, probate is compulsory for Hindu wills only in the cases covered by Section 213 read with Section 57, which relate to the cities of Chennai, Mumbai and Kolkata. Probate may still be advisable where a dispute is likely.
What is the difference between a legal heir certificate and a succession certificate?
A legal heir certificate, issued by the revenue department, identifies the heirs of a deceased person and is used for patta transfer and many other purposes. A succession certificate is issued by the civil court and gives authority to collect debts and securities, such as deposits and shares.
Important judgments
These decisions are among those most often relied on in these matters. Citations are given as reported in the public law reports. Read the judgment before relying on it in a particular case.
- Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1 (Supreme Court)
Daughters are coparceners by birth under the amended Section 6, whether or not the father was alive on 9 September 2005. - Arunachala Gounder v. Ponnusamy, (2022) 11 SCC 520 (Supreme Court)
In an appeal from Tamil Nadu, the Court held that the self-acquired property of a Hindu man who dies without a will passes by inheritance to his daughter, in preference to collaterals. It also explained that property inherited by a Hindu woman who dies without children returns to the source from which she received it.