Hindu Family, Adoption and Succession

What to remember

• The Hindu joint family is led by the Karta; property is held under the Mitakshara system (most of India, including Andhra Pradesh) or the Dayabhaga system (Bengal and Assam).
• The Hindu Adoption and Maintenance Act, 1956 governs adoption, and the Hindu Succession Act, 1956 governs inheritance when a Hindu dies without a will; daughters became equal coparceners by the 2005 amendment (Andhra Pradesh had done so earlier by a state amendment).
• These rules matter to Endowments work because hereditary trusteeship, archaka offices and endowed property often pass by family custom and succession law.

1. The Hindu joint family

A Hindu joint family is a group of persons linked by descent from a common ancestor, living together, sharing food, worship and property. Its main features:

• Karta: the senior-most male member (in law, a woman can also be Karta after the 2005 change, as held by the Delhi High Court in Sujata Sharma, 2016). He manages the property and affairs of the family.
• Coparcenary: a smaller body inside the joint family. It includes the common ancestor and three generations of lineal descendants (son, grandson, great-grandson). Members are called coparceners.
• Coparceners get a right by birth in the joint family property (Mitakshara).
• Joint family property includes ancestral property, property acquired with joint funds, and property thrown into the common stock.
• Self-acquired property belongs to the person who earned it.
• A Karta may sell joint property only for legal necessity, benefit of the estate or for the discharge of indispensable duties (for example, marriage of daughters).
• The family may break up by partition, which can be demanded by any coparcener.

2. Mitakshara and Dayabhaga

3. Women's property and 2005 change

• Stridhana is a woman's own property, such as gifts at marriage. Under the Hindu Succession Act, any property owned by a Hindu woman is her absolute property (a section of that Act).
• Before 1956, widows had only a limited estate, which ended on death.
• The Hindu Succession (Amendment) Act, 2005 gave daughters the same rights as sons in joint family property: she is a coparcener by birth, with the same liabilities.
• The Supreme Court (in 2020) confirmed that daughters are coparceners whether or not the father was alive on the date of the 2005 amendment.
• Andhra Pradesh was among the first states to give daughters coparcenary rights, through a state amendment of 1986.

4. Hindu Adoption and Maintenance Act, 1956

Who is a Hindu: Hindus by religion, Buddhists, Jains, Sikhs, and others who are not Muslims, Christians, Parsis or Jews by religion.

Conditions for a valid adoption

• 1. The adopter must be a Hindu with the capacity to adopt and give.
• 2. A Hindu male of sound mind who is not a minor may adopt; if married, he needs the consent of his wife (unless she has ceased to be a Hindu, is of unsound mind, or has renounced the world).
• 3. A Hindu female of sound mind who is not a minor can adopt; if married, she needs her husband's consent (2010 amendment). Before 2010 only an unmarried, widowed or divorced woman could adopt.
• 4. The person giving in adoption must be the father, mother or guardian with the right to do so.
• 5. The child must be a Hindu, unmarried, not already adopted, and under 15 years (unless custom allows more).
• 6. If adopting a son, the adopter must not have a Hindu son, son's son or son's son's son living. If adopting a daughter, he must not have a Hindu daughter or son's daughter living.
• 7. If the adopter is male and the child female, the adopter must be at least 21 years older. The same applies when the adopter is female and the child is male.
• 8. The same child cannot be adopted by two persons at the same time.
• 9. There must be actual giving and taking. The datta homam ceremony is not essential.

Effect: The child is treated as the natural child of the adopter from the date of adoption and all ties with the birth family end (except marriage prohibitions). An adoption cannot be cancelled once it is valid.

Maintenance: The Act also provides for maintenance of a wife, widowed daughter-in-law, children and aged parents, and dependants. A wife can claim maintenance and separate residence if the husband deserts her or is cruel.

5. Hindu Succession Act, 1956

This Act applies when a Hindu dies intestate (without a will). Heirs are in classes:

• Class I heirs take together and first: son, daughter, widow, mother, and children and widows of predeceased sons and daughters, among others.
• Class II heirs take next if there is no Class I heir: father, siblings, and others.
• Then agnates and finally cognates.
• If no heir exists, the property goes to the Government.

A Hindu can make a will (testamentary succession) governed by the Indian Succession Act, 1925. A will can dispose of self-acquired property. A coparcener's share in joint property may also be willed under the Hindu Succession Act.

Persons disqualified from inheritance include a murderer of the person whose property is in question.

6. Marriage and guardianship (basics)

• Hindu Marriage Act, 1955: monogamy; minimum age 21 for the groom and 18 for the bride; parties must not be within prohibited degrees.
• Hindu Minority and Guardianship Act, 1956: the father is the natural guardian, then the mother. For a child below five years, the custody is normally with the mother.
• A guardian cannot sell a minor's immovable property without permission of the court.

7. Why this matters to temple administration

• Many hereditary offices (archaka, hereditary trustee or Dharmakarta) pass by family custom. Succession follows the custom of the institution and the rules of the Act, rather than the general law of inheritance.
• A hereditary office is not ordinary property. It cannot be sold or mortgaged.
• Adoption may be claimed to carry on a hereditary line; the Endowments authority must check if the adoption is valid and customs are followed.
• Property given to the temple by a will or gift is governed by the general law of wills and transfer.
• When a trustee dies without a successor, the Commissioner or the Government can appoint a non-hereditary trustee under the Act.

8. Worked examples

Example 1 (adoption age). A man aged 40 wants to adopt a girl aged 17. The age gap is 23 years, which meets the 21-year rule. But she is 17, above the usual limit of 15, so the adoption is valid only if a custom permits it. Without such a custom, it fails on the age rule.

Example 2 (adoption of a daughter). A Hindu man has a living Hindu daughter. He cannot adopt another daughter, because the rule bars adoption when a Hindu daughter or son's daughter is living.

Example 3 (consent). A married man adopts a boy without telling his wife, who is a Hindu of sound mind and has not renounced the world. The adoption is not valid, because the wife's consent was required.

Example 4 (intestate heirs). A Hindu man dies without a will. He leaves a widow, a son and a daughter. All three are Class I heirs and share equally, so each takes one share.

Example 5 (coparcener). A joint family has father A, son B and grandson C. B and C are coparceners by birth under Mitakshara. If A has a daughter, she is a coparcener after the 2005 amendment.

Words to remember: agnate (related through males), cognate (related through females), escheat (property going to the Government when there is no heir), devolution (passing of property by succession), alienation (transfer of property), partition (division of joint property).

The Hindu law of family and succession is a branch of personal law. It applies to Hindus by birth and religion, and also to those who convert to Hinduism. Customs of a family or locality can be honoured if they are ancient, certain and reasonable and not against public policy.

Exam traps

• 1. Karta is the manager; coparcener is a member with a right by birth.
• 2. Mitakshara gives rights by birth; Dayabhaga gives rights only after death.
• 3. Adoption age limit: child under 15 (unless custom); age gap of 21 years for opposite sex adoption.
• 4. Wife's consent is needed for a married man's adoption; a woman does not need her husband's consent to adopt after widowhood.
• 5. 2005 amendment: daughters equal in joint property. Not the same as Hindu Succession Act, 1956 (original).
• 6. Class I heirs take together; Class II come later.
• 7. Intestate means without a will.
• 8. Datta homam is not essential for a valid adoption.

One-liners

• 1. The head of a joint family is called the Karta.
• 2. Mitakshara is followed in most of India.
• 3. Dayabhaga is followed in Bengal.
• 4. Jimutavahana wrote the Dayabhaga.
• 5. Vijnaneshwara wrote the Mitakshara.
• 6. The Hindu Adoption and Maintenance Act was passed in 1956.
• 7. The Hindu Succession Act was passed in 1956.
• 8. Intestate succession applies when there is no will.
• 9. Stridhana is a woman's own property.
• 10. Daughters became coparceners by the 2005 amendment.
• 11. The Hindu Marriage Act was passed in 1955.
• 12. The natural guardian of a Hindu minor is first the father.

Practice questions

1. The manager of a Hindu joint family is called the

   1. Shebait
   2. Coparcener
   3. Karta
   4. Dharmakarta
   Answer

   C. Karta

   The Karta manages the joint family and its property.

2. A member who gets a right by birth in joint family property under Mitakshara is a

   1. coparcener
   2. stranger heir
   3. Karta
   4. trustee
   Answer

   A. coparcener

   Coparceners are lineal descendants up to three generations from the holder.

3. Which system of Hindu law is followed in most of India, including Andhra Pradesh?

   1. Manusmriti alone
   2. Narada
   3. Dayabhaga
   4. Mitakshara
   Answer

   D. Mitakshara

   Dayabhaga is limited to Bengal and Assam.

4. The Dayabhaga system is followed mainly in

   1. Andhra Pradesh
   2. Tamil Nadu
   3. Bengal
   4. Maharashtra
   Answer

   C. Bengal

   Dayabhaga was written by Jimutavahana.

5. Under Mitakshara, a son's right in joint family property arises

   1. on the father's death only
   2. on marriage
   3. by birth
   4. on reaching 21 years
   Answer

   C. by birth

   Under Dayabhaga it arises only after the father's death.

6. The Dayabhaga was written by

   1. Yajnavalkya
   2. Vijnaneshwara
   3. Manu
   4. Jimutavahana
   Answer

   D. Jimutavahana

   Vijnaneshwara wrote the Mitakshara.

7. The Mitakshara is a commentary on the smriti of

   1. Yajnavalkya
   2. Narada
   3. Brihaspati
   4. Manu
   Answer

   A. Yajnavalkya

   Vijnaneshwara commented on the Yajnavalkya Smriti.

8. A woman's own property such as gifts at marriage is called

   1. Dayabhaga
   2. Stridhana
   3. Ancestral property
   4. Coparcenary property
   Answer

   B. Stridhana

   Stridhana belongs absolutely to the woman.

9. The 2005 amendment to the Hindu Succession Act gave daughters

   1. no rights in property
   2. coparcenary rights equal to sons
   3. rights only after marriage
   4. rights only if the father is dead
   Answer

   B. coparcenary rights equal to sons

   A daughter became a coparcener by birth.

10. The Hindu Adoption and Maintenance Act was passed in

    1. 1956
    2. 1955
    3. 1961
    4. 1950
    Answer

    A. 1956

    The Hindu Succession Act was also passed in 1956.

11. The Hindu Marriage Act was passed in

    1. 1956
    2. 1976
    3. 1925
    4. 1955
    Answer

    D. 1955

    It laid down monogamy and marriage conditions.

12. Under the Hindu Adoption and Maintenance Act, a child can be adopted ordinarily only if aged below

    1. 15 years
    2. 5 years
    3. 18 years
    4. 10 years
    Answer

    A. 15 years

    A custom can allow adoption beyond this age.

13. When a male adopts a female child, the minimum age gap is

    1. 18 years
    2. 15 years
    3. 21 years
    4. 10 years
    Answer

    C. 21 years

    The adopter must be at least 21 years older than the child of opposite sex.

14. A married Hindu man who wants to adopt needs the consent of

    1. the Commissioner
    2. his brother
    3. the Karta
    4. his wife
    Answer

    D. his wife

    The wife's consent is needed unless special conditions exist.

15. Which ceremony is NOT essential for a valid adoption?

    1. Capacity of the giver
    2. Datta homam
    3. Capacity of the adopter
    4. Giving and taking
    Answer

    B. Datta homam

    Actual giving and taking is required; datta homam is not.

16. A valid adoption makes the child the child of the adopter from

    1. the date of adoption
    2. the death of the adopter
    3. age 18
    4. birth
    Answer

    A. the date of adoption

    Ties with the birth family end from the date of adoption.

17. Adoption of a son is not valid if the adopter already has a living Hindu

    1. sister
    2. brother
    3. niece
    4. son
    Answer

    D. son

    It also bars a son's son and son's son's son.

18. A Hindu woman who is unmarried, widowed or divorced and of sound mind can adopt

    1. only with her father's consent
    2. only with a court order
    3. never
    4. in her own right
    Answer

    D. in her own right

    She does not need any other consent.

19. Intestate succession means succession when a Hindu

    1. leaves a will
    2. adopts a child
    3. dies without a will
    4. marries again
    Answer

    C. dies without a will

    Intestate means without a will.

20. Under the Hindu Succession Act, the first heirs to inherit an intestate male's property are

    1. Agnates
    2. Class I heirs
    3. Cognates
    4. Class II heirs
    Answer

    B. Class I heirs

    Class I heirs take together and exclude others.

21. Which of the following is a Class I heir of a Hindu male?

    1. Father's sister
    2. Brother
    3. Widow
    4. Paternal uncle
    Answer

    C. Widow

    Son, daughter, widow and mother are Class I heirs.

22. If a Hindu dies leaving no heir at all, the property goes to the

    1. Government
    2. Oldest friend
    3. Temple of the village
    4. Neighbours
    Answer

    A. Government

    This is called escheat.

23. A will of a Hindu is governed by the

    1. Transfer of Property Act alone
    2. Registration Act alone
    3. Indian Succession Act, 1925
    4. Hindu Marriage Act, 1955
    Answer

    C. Indian Succession Act, 1925

    A Hindu can dispose of self-acquired property by will.

24. The Hindu minimum marriage age for a bride is

    1. 21 years
    2. 18 years
    3. 15 years
    4. 16 years
    Answer

    B. 18 years

    For the groom it is 21 years.

25. Under Hindu law, the natural guardian of a minor boy is first

    1. the father
    2. the mother
    3. the maternal uncle
    4. the grandfather
    Answer

    A. the father

    The mother comes after the father (with custody of young children normally with her).

26. Property that a person earns by his own skill belongs to

    1. the community
    2. the Karta
    3. the coparcenary
    4. that person alone
    Answer

    D. that person alone

    It is self-acquired property.

27. A Karta can sell joint family property only for legal necessity, benefit of the estate or

    1. indispensable duties
    2. gambling debts
    3. personal wishes
    4. sale to friends
    Answer

    A. indispensable duties

    These are the recognised grounds.

28. A hereditary temple office such as archaka is generally governed by

    1. only the general law of inheritance
    2. a will alone
    3. custom and the Endowments law
    4. an auction
    Answer

    C. custom and the Endowments law

    Hereditary offices follow the custom of the institution.

29. Which fact about a hereditary temple trusteeship is correct?

    1. It ends on adoption
    2. It cannot be sold or mortgaged
    3. It can be mortgaged to a bank
    4. It can be sold freely
    Answer

    B. It cannot be sold or mortgaged

    A hereditary office is not property for trade.

30. Under the law, when a hereditary trustee has no successor, the authority may

    1. close the temple
    2. sell the temple
    3. allow any villager to take over
    4. appoint a non-hereditary trustee
    Answer

    D. appoint a non-hereditary trustee

    The Act allows appointment of a trustee.

31. Who is a Hindu under the Hindu Adoption and Maintenance Act?

    1. Only Brahmins
    2. Only Vedic Hindus
    3. Only Telugu speakers
    4. A Buddhist, Jain or Sikh by religion also
    Answer

    D. A Buddhist, Jain or Sikh by religion also

    The Act includes Buddhists, Jains and Sikhs.

32. Which state brought the 1986 amendment that gave daughters coparcenary rights before the national law?

    1. Andhra Pradesh
    2. Rajasthan
    3. Punjab
    4. Bengal
    Answer

    A. Andhra Pradesh

    Andhra Pradesh led the reform by a state amendment.

33. A wife is entitled to maintenance and separate residence from her husband if he

    1. lives with her
    2. gives her a gift
    3. deserts her without cause
    4. pays her expenses
    Answer

    C. deserts her without cause

    Maintenance is a right under the Act.

34. Consider the statements: 1. A Hindu joint family is led by the Karta. 2. A Karta has no limit on selling joint property. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    He can sell only for necessity or benefit of the estate.

35. Consider the statements: 1. Dayabhaga gives a son a right by birth. 2. Mitakshara gives a son a right by birth. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    In Dayabhaga the right arises on the father's death.

36. Consider the statements: 1. Adoption is valid even without the datta homam ceremony. 2. A man with a living Hindu son may validly adopt another son. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    The adopter must not have a living son for adoption of a son.

37. Consider the statements: 1. Adoption can be cancelled at will after it is valid. 2. A single Hindu woman can adopt a child. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    A valid adoption cannot be cancelled.

38. Consider the statements: 1. Class I heirs inherit before Class II heirs. 2. Intestate means with a will. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    Intestate means without a will.

39. Consider the statements: 1. The adopted child keeps all rights in the birth family's property. 2. A widowed Hindu woman may adopt without her late husband's consent. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    Ties with the birth family are cut by adoption.

40. Match: (1) Mitakshara (2) Dayabhaga (3) Stridhana (4) Karta with (a) manager (b) woman's property (c) Bengal (d) Vijnaneshwara

    1. 1-d, 2-c, 3-a, 4-b
    2. 1-c, 2-d, 3-a, 4-b
    3. 1-a, 2-b, 3-c, 4-d
    4. 1-d, 2-c, 3-b, 4-a
    Answer

    D. 1-d, 2-c, 3-b, 4-a

    Each term is paired with its meaning.

41. Which of these children cannot be validly adopted?

    1. A child given by a guardian entitled to give
    2. An unmarried Hindu child
    3. A child who is already adopted
    4. A Hindu orphan child
    Answer

    C. A child who is already adopted

    A child already adopted cannot be adopted again.

42. Which law governs adoption among Hindus?

    1. Registration Act, 1908
    2. Indian Contract Act, 1872
    3. Hindu Adoption and Maintenance Act, 1956
    4. Hindu Marriage Act, 1955
    Answer

    C. Hindu Adoption and Maintenance Act, 1956

    The 1956 Act is the main law on adoption.

43. The division of joint family property among coparceners is called

    1. surcharge
    2. adoption
    3. escheat
    4. partition
    Answer

    D. partition

    Any coparcener can demand partition under Mitakshara.

44. A coparcenary includes the holder of the property and descendants up to

    1. two generations
    2. three generations
    3. five generations
    4. one generation
    Answer

    B. three generations

    Son, grandson and great-grandson are included.

45. The Hindu Succession Act, which deals with inheritance without a will, was passed in

    1. 1925
    2. 1976
    3. 1937
    4. 1956
    Answer

    D. 1956

    The 2005 Act only amended it.