Code: Section 19 – Hindu Succession Act
Section 19 of the Hindu Succession Act outlines the mode of succession when two or more heirs inherit the property of an intestate. The property is divided in the following manner:
- (a) Unless stated otherwise in the Act, heirs receive the property per capita (equal share) rather than per stirpes (based on family branches).
- (b) Heirs hold the property as tenants-in-common rather than joint tenants.
Explanation of Section 19 – Hindu Succession Act
Section 19 clarifies how property is divided when multiple heirs succeed to an intestate’s estate. This section provides two important principles:
- Per Capita means that each heir gets an equal share of the property. The division is not based on family branches, unlike the per stirpes method. Every heir shares equally.
- Tenants-in-Common means that each heir holds an individual, distinct share. Unlike joint tenants, who hold the property together as a whole, tenants-in-common own separate shares and can sell or transfer them independently.
Illustration
Example 1: Equal Share for All Heirs
If A passes away, leaving behind three children (B, C, and D), each child will inherit an equal share of the estate, i.e., one-third. Since the inheritance is per capita, each child receives an equal portion, regardless of their individual relationship with the deceased.
Example 2: Tenants-in-Common vs. Joint Tenants
In the same scenario, if the children inherit as tenants-in-common, they each hold a distinct, divisible share. This means that any child can sell or transfer their share independently. If the inheritance were as joint tenants, they would share the property as a whole, and selling one’s share would alter the joint tenancy.
Common Questions and Answers on Section 19 – Hindu Succession Act
1. What does “per capita” mean in inheritance?
- Answer: “Per capita” means that each heir receives an equal share of the estate, ensuring fairness and equal division.
2. How does “per stirpes” differ from “per capita”?
- Answer: “Per stirpes” divides the property by family branches, while “per capita” divides it equally among all heirs, regardless of their family line.
3. What does it mean to be a “tenant-in-common”?
- Answer: As a “tenant-in-common,” each heir holds a separate share of the property and has the right to sell or transfer it without affecting the other heirs.
4. Can heirs change the nature of their property shares?
- Answer: Yes. As tenants-in-common, heirs can freely sell or transfer their shares without requiring the consent of others.
Conclusion
Section 19 of the Hindu Succession Act ensures that when multiple heirs inherit property, they will do so per capita and as tenants-in-common. This division guarantees fairness by giving each heir an equal share, along with distinct ownership rights. The heirs can independently transfer or sell their share, offering clarity and flexibility in the inheritance process.
