Explore the significant distinctions between Hindu and Muslim Laws of Succession in India, including inheritance principles, succession rules, and the impact on property rights. Understand how these legal systems shape property distribution among Hindus and Muslims.

1. Hindu and Muslim Law of
Succession: Key Differences
Hindu Law of Succession and Muslim Law of Succession are two
different and vast legal systems that primarily govern the overall
process of inheritance and succession of property among Hindus
and Muslims, respectively. While both systems have evolved over
centuries and incorporate various regional and cultural variations,
there are key differences between Hindu and Muslim law of
succession. This article provides a brief discussion of key differences
between the Hindu and Muslim Law of Succession.

2. Hindu Succession Law
In India, the inheritance and succession of property among Hindus
(including Sikhs, Jains, and Buddhists) is governed by the Hindu
Succession Law. Under the law, a Hindu man’s property is
distributed among his immediate family members equally, including
his wife, children, and grandchildren. In the absence of children, the
property is shared by the wife, mother, and siblings. The history of
Hindu Succession Law has witnessed several significant changes.
Prior to 1956, Hindu women had limited rights to inherit property.
In 2005, the law underwent substantial amendments to remove
gender-based discrimination. The amendments granted daughters
equal rights as sons in ancestral property and expanded the scope of
inheritance for women. If a Hindu dies intestate (without a will), the
property is divided as per the law.
Muslim Succession Law
In India, the principles of Islamic Shariah govern Muslim
Succession Law. According to the law, a Muslim’s property is
divided among his or her legal heirs. The heirs are classified into two
categories: sharers and residuaries. Sharers are entitled to a fixed
portion of the estate, which includes spouses, children, parents, and
grandparents. Residuaries receive the remaining portion of the
estate after the sharers have received their shares. The shares of the
heirs are determined based on specific rules and proportions
outlined in Shariah. The aim of the law is to ensure fair distribution
of the deceased’s property among eligible heirs in accordance with
Islamic principles.

3. Key Differences
Source of Law
 Hindu Law: Hindu Law is a codified law where the inheritance
and succession of property in the Hindu religion is dealt with
under the provisions of the Hindu Succession Act, 1956. This Act
is not applicable in the case of marriages performed under the
provisions of the Special Marriage Act, 1954. The Hindu law of
succession for property is primarily derived from ancient Hindu
scriptures or religious texts including the Vedas, the Manusmriti,
and the Dharmashastra. Along with this, customary practices,
legislative enactments, and various judicial decisions also play a
significant role in influencing the Hindu law of succession.
 Muslim Law: It is not a codified law. In general, there are four
main sources of the Muslim Law including
the Quran, Sunna, Ijma, and Qiyas. The Muslim law of
succession for property is derived from the Quran, the Hadith
(sayings and actions of Prophet Muhammad), and the consensus
of Islamic jurists. The Muslim law of succession is a component
of the Muslim Personal Law, which encompasses various aspects
of personal life for Muslims, including marriage, divorce, and
inheritance.
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