Why in News?
Tamil Nadu Chief Minister M.K. Stalin launched the State Policy for Transgender Persons, 2025, aiming to ensure inheritance rights for transgender and intersex individuals by amending succession laws. The policy also promises housing benefits, certificate changes, and protection from gender-based violence.
Description:
Background:
- Enacted in 1956 to codify the laws related to intestate succession (i.e., when a person dies without making a will) among Hindus.
- It governs the distribution of property among heirs of a deceased person.
Applies to:
- Hindus (including Virashaivas, Lingayats, Arya Samaj, Prarthna Samaj, Brahmo Sabha followers)
- Also includes Sikhs, Buddhists, and Jains
Does NOT apply to:
- Muslims, Christians, Parsis, Jews
- Scheduled Tribes unless notified under Article 366 of the Constitution.
Two Major Schools of Hindu Law:
| Feature | Mitakshara | Dayabhaga |
| Region | All of India (except WB & Assam) | West Bengal and Assam |
| Property Rights | Sons have rights by birth | Rights arise after father’s death |
| Coparcenary | Only male members | Male and female members |
Succession Rules (Intestate):
For Hindu Men:
- Class I heirs (equal share): Wife, son, daughter, mother
- If no Class I → Class II heirs: Father, siblings, etc.
- If none → Agnates, then Cognates
For Hindu Women:
- Property inherited by children and husband.
- If no children or husband → husband’s heirs.
- Only after that → a woman’s parents.
- Property reverts to source family if inherited and no direct heirs.
Important Amendments:
Hindu Succession Act (Amendment) , 2005:
- Gave daughters equal coparcenary rights from birth, same as sons.
- Applies retrospectively (per SC rulings), but only to living daughters and fathers (clarified in Vineeta Sharma v. Rakesh Sharma, 2020).
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