Application and Features of the Hindu Succession Act, 1956

Question: What is Hindu? What is the application of the Act? What are the factors for the applicability of the Act?

Answer:

Application of the Act

The Hindu Succession Act, 1956, governs succession among Hindus, Buddhists, Sikhs, Jains, and others as specified in its provisions. The applicability of the Act hinges primarily on the religious identity of the deceased. Here’s an exploration of how the Act determines who qualifies as Hindu and its implications:

Understanding ‘Who is a Hindu?’

1. Diversity Within Hinduism: Hinduism is diverse, encompassing various beliefs, practices, and sects. This diversity arose over time due to cultural differences and evolving ideologies, diverging from the Brahminical and Vedic orthodoxies that initially defined the religion.
2. Legal Definition: Section 2 of the Hindu Succession Act, 1956, defines ‘Hindu’ broadly:

• It includes Hindus, Virashaivas, Lingayats, followers of Brahmo Prarthana or Arya Samaj.
• It also encompasses Buddhists, Sikhs, Jains.
• Additionally, it covers any person who isn’t Muslim, Christian, Parsi, or Jew, unless they are specifically exempted from the Act’s provisions.

Factors for Applicability of the Act

To apply the Hindu Succession Act, these key factors must be considered:

1. Deceased was Hindu: The Act applies if the deceased was Hindu or falls within the Act’s specified categories.
2. Exclusion from Hindu Law: Even if not a Hindu by religion, the Act applies unless it’s proven that Hindu law doesn’t govern them.
3. Conduct and Ouster of Hindu Law: If a person identifies as Hindu and their conduct aligns with Hindu practices, they are subject to Hindu law.
4. Other Legal Considerations: Despite being Hindu, other laws might apply based on domicile or marriage form.

Criteria for Determining ‘Who is a Hindu?’

The Act provides four criteria to determine Hindu status:

• Parentage: Born to Hindu parents, or to one Hindu parent.
• Conversion or Reconversion: Includes those who have converted to or reverted to Hinduism.
• Declaration: A clear declaration of Hindu affiliation or practice.
• Upbringing: Raised in a Hindu environment, even if one parent is Hindu.

Practical Considerations

• Religious Practices vs Legal Identity: Legal identity as Hindu is determined by parentage, upbringing, and declaration, not by religious beliefs or practices alone.
• Renunciation of Religion: Even if someone renounces Hinduism without converting to another religion, they are still legally Hindu until such conversion occurs.

Conclusion

The Hindu Succession Act, 1956, is rooted in the religious identity of individuals and provides a comprehensive framework for succession among Hindus and related communities.

Understanding ‘who is a Hindu’ under this Act involves examining legal criteria rather than religious beliefs or practices alone, ensuring inclusivity across diverse interpretations and practices within the Hindu community and related faiths.

Question: How does the Hindu Succession Act, 1956, determine its applicability based on the religion of the deceased?

Answer:

Time for Determination of Religion

Determining the religious status of a child under the Hindu Succession Act, 1956, varies based on parental affiliation and upbringing. Here’s how the Act addresses the issue:

When Both Parents are Hindus:

When both parents are Hindus, the child’s religion is determined at the time of birth. This means:

• The child inherits the religion of both parents.
• Any change in parental religion before the birth does not affect the child’s status; the religion at birth is decisive.

Example: If parents convert from Christianity to Hinduism before the child's birth, the child is considered Hindu.

When Only One Parent is Hindu:

If only one parent is Hindu, the child’s religious determination is not at birth but later, based on upbringing:

• The child will be considered Hindu if brought up in the Hindu parent’s tribe or community.
• This provision ensures that cultural and communal upbringing influences the child’s religious identity, not just parental affiliation.

Notes on Misconceptions:

1. Surname and Religion: Contrary to popular belief, the child's religion isn’t solely determined by the father’s surname or religion. Upbringing and community influence play crucial roles.
2. Illegitimacy: Legitimacy or illegitimacy does not affect the determination of religion under the Act:

• An illegitimate child of a Hindu father and a non-Hindu mother can still be Hindu if brought up in the Hindu father’s community.
• The Act emphasizes the role of upbringing within the Hindu community over the legal status of the child's birth.

Example Scenarios:

• Scenario 1: A child born to a Hindu father and Christian mother, raised in the father's family, is Hindu.
• Scenario 2: A child born to a Hindu mother and Christian father, raised by the mother in her Hindu natal family, is also Hindu.

Conclusion:

The Hindu Succession Act, 1956, ensures that religious identity for succession purposes is determined by parentage and upbringing within the Hindu community. It clarifies misconceptions regarding parental influence and illegitimacy, affirming that both parents’ affiliations and the child's upbringing are pivotal in defining their religious status under the Act.

The Hindu Succession Act, 1956, clarifies the determination of religion for illegitimate children, highlighting a shift from earlier presumptions. Could you elaborate on how this clarification impacts the legal status and rights of such children under Hindu law today?

Answer:

Introduction:

The legal framework governing the religious status of illegitimate children has undergone significant changes in recent years. This answer examines the current legal position, focusing on the shift from traditional presumptions to a more nuanced approach.

Evolution of Legal Presumptions:

Historically, there was a presumption that an illegitimate child would automatically adopt the religion of the mother. However, this assumption is no longer applicable under current law. The relevant Act has introduced new criteria for determining an illegitimate child’s religious status.

Key Provisions of the Act:

The Act states: “Any child, legitimate or illegitimate, one of whose parents is a Hindu by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged.”

Analysis of the Legal Provision:

1. Use of the term “parent”:

The legislature’s choice of “parent” instead of “mother” is significant. It indicates that for religious determination, both father and mother are considered, regardless of the child’s legitimacy. This contrasts with succession law, where an illegitimate child is primarily related to the mother.

2. Dual criteria for religious determination:

The Act establishes two key factors in determining a child’s religion, applicable to both legitimate and illegitimate children:
 a) One parent must be Hindu.
 b) The child must be raised as part of the Hindu parent’s tribe, community, group, or family.

Shift from Previous Legal Interpretations:

This new approach marks a departure from earlier rulings. Previously, Hindu law was not considered applicable to an illegitimate child of a non-Hindu mother, even with a Hindu father. This interpretation is no longer valid under the current legal framework.

Conclusion:

The determination of an illegitimate child’s religion now involves a more comprehensive assessment of the child’s upbringing and parental influence. This change reflects a more nuanced understanding of family dynamics and religious identity in contemporary society.

The law now recognizes the potential influence of both parents on a child’s religious identity, irrespective of the child’s legitimacy status, representing a significant evolution in legal thought.

Question: Under the Hindu Succession Act, 1956, what are the provisions regarding conversion or reconversion to the Hindu faith?

Answer:

Introduction:

Under the Hindu Succession Act, 1956, the provisions regarding conversion or reconversion to the Hindu faith play a significant role in determining the applicability of Hindu personal laws to individuals of diverse religious backgrounds.

Conversion or Reconversion to Hindu Faith:

The Constitution of India guarantees every citizen the freedom to practice, profess, and propagate their religion. This includes the right to convert to any religion, except for communities like the Parsis, where conversion is restricted. Individuals who are majors and of sound mind can freely convert or revert to Hinduism or any other religion.

Legal Status Under Hindu Succession Act:

For the purposes of the Hindu Succession Act, 1956, one does not need to be born Hindu to be governed by Hindu personal laws. The Act extends its application to converts and reconverts to Hinduism, thereby ensuring inclusivity within its legal framework.

Criteria for Change in Legal Status:

A critical aspect under the Act is that renunciation of Hinduism alone does not alter one’s legal status. To cease being governed by Hindu personal laws, an individual must not only renounce Hinduism but also adopt another religion, thereby affirming a clear change in their religious affiliation.

Adoption of Hindu Customs and Practices:

Conversion to Hinduism involves not only a formal declaration but also the adoption and practice of Hindu customs and traditions. While no specific ceremonies are universally mandated, certain communities may require purification rituals or other customary practices as part of the conversion process.

Conclusion:

In conclusion, the Hindu Succession Act, 1956, respects an individual’s right to religious freedom while providing a clear legal framework for determining personal law rights. It ensures that individuals, whether by birth or choice, can secure their legal rights under Hindu personal laws through sincere adoption and practice of the Hindu faith, thereby maintaining legal clarity and consistency.

Question: What considerations does the Hindu Succession Act, 1956, apply to conversions and reconversions?

Answer:

Introduction:

The Hindu Succession Act, 1956, governs the implications of conversions and reconversions under Hindu personal laws, addressing both the process of conversion and its legal consequences.

Genuineness of Conversion:

The Act emphasizes the importance of a bona fide conversion, focusing on the sincerity of intention rather than the reasons behind the conversion. Whether motivated by personal conviction, marriage, or social benefits, the law validates conversions that genuinely embrace the Hindu way of life.

Validity of Motivated Conversions:

Under the Act, conversions driven by reasons like marriage or improving social conditions are valid if the individual genuinely adopts Hindu customs and rituals. Personal motives accompanying sincere religious conversion do not invalidate the conversion under Hindu law.

Reconversion and Caste Status:

Conversion is reversible, allowing individuals to revert to their original religion if desired. Upon reconversion to a non-Hindu faith, however, one forfeits both religious status and caste identity, which remains suspended until a return to Hinduism.

Regaining Caste upon Reconversion:

The Supreme Court has clarified that caste is inherent and cannot be altered by temporary conversions. Reconversion to Hinduism restores one’s caste identity, contingent on community acceptance and the individual’s commitment to re-embrace their original caste practices.

Conclusion:

In conclusion, the Hindu Succession Act, 1956, ensures individuals’ rights to freely convert to and from Hinduism, provided conversions are genuine and voluntary. It upholds constitutional principles of religious freedom and equality, safeguarding legal rights under Hindu personal laws while respecting personal beliefs and choices regarding religious identity.

Question: How does the conduct of conversion affect the application of Hindu law under the Hindu Succession Act, 1956?

Answer:

Introduction:

Under the Hindu Succession Act, 1956, the application of Hindu law to matters of succession is contingent upon specific conduct by individuals, such as conversion to another religion or marriage under the Special Marriage Act, 1954.

Effect of Conversion on Application of Hindu Law:

The Act stipulates that a person, whether born Hindu or converted to Hinduism, is ordinarily governed by Hindu succession laws. However, upon renouncing the Hindu religion and converting to another faith, the individual ceases to be governed by the Hindu Succession Act, 1956.

Legal Implications:

Once a Hindu converts to another religion, they fall outside the scope of Hindu personal laws concerning succession. This change is significant as it alters the legal framework governing their property and inheritance rights, now subject to the laws applicable to their newly adopted religion.

Consequence of Religious Conversion:

The act of conversion effectively ousts the applicability of Hindu succession laws, thereby aligning the individual’s legal status with the family laws of their newly adopted religion. This transition is recognized under India’s diverse legal framework accommodating personal religious choices and their legal ramifications.

Conclusion:

In conclusion, the Hindu Succession Act, 1956, provides for the governance of property succession under Hindu personal laws. However, an individual’s conversion to another religion represents a clear legal choice that removes them from the purview of Hindu succession laws. This legal principle respects the individual’s right to religious freedom while delineating the legal consequences affecting succession and inheritance rights.

Question: How does marriage under the Special Marriage Act, 1954 affect the application of succession laws in India?

Answer:

Introduction:

Marriage under the Special Marriage Act, 1954 provides a legal framework for inter-religious marriages in India, allowing couples to marry irrespective of their religious backgrounds while retaining their respective faiths.

Effect on Succession Laws:

Under the provisions of the Special Marriage Act, 1954, marriages can be solemnised either under its own provisions or after a marriage under traditional religious laws can be registered under this Act. Once registered under the Special Marriage Act, 1954, the rights and obligations of the parties are governed by its provisions, impacting their succession rights.

Historical Context and Legal Amendments:

Prior to 1976, marriages registered under the Special Marriage Act, 1954 or converted from traditional religious marriages to this Act were governed by the Indian Succession Act, 1925, regardless of the religious backgrounds of the spouses. This included marriages between Hindus, Muslims, Parsis, Christians, and others.

In 1976, amendments specified that if two Hindus marry under the Special Marriage Act, 1954, or convert their Hindu Marriage Act, 1955 marriage to this Act, their succession rights would be governed by the Hindu Succession Act, 1956. However, if a Hindu marries a non-Hindu under the Special Marriage Act, 1954, their succession rights and those of their children are governed by the Indian Succession Act, 1925, irrespective of their religion.

Implications of Inter-religious Marriages:

The choice to marry under the Special Marriage Act, 1954 has significant implications for succession to property and inheritance rights. It determines whether Hindu or general succession laws apply, affecting the legal status and rights of spouses and their descendants under Indian law.

Conclusion:

In conclusion, marriage under the Special Marriage Act, 1954 provides a legal mechanism for couples of different religious backgrounds to solemnise their marriage and determine their succession rights. It illustrates India’s legal accommodation of diverse religious practices while ensuring clarity and consistency in the application of succession laws based on the nature of the marriage.

Question: What are the exclusions and territorial applications of Section 5 of the Hindu Succession Act, 1956?

Answer:

Introduction:

Section 5 of the Hindu Succession Act, 1956 delineates specific exclusions and territorial applications that limit its scope in certain contexts.

Exclusions Based on Property Succession:

Section 5 of the Hindu Succession Act, 1956 excludes its application to properties where succession is regulated under the Indian Succession Act, 1925, due to provisions outlined in Section 21 of the Special Marriage Act, 1954.

Territorial Exclusions:

The Act expressly excludes certain regions and communities from its application:

• Hindus of Jammu and Kashmir: Governed by distinct laws of inheritance and succession specific to their region.
• Goa, Daman, and Diu: Former Portuguese colonies where the Hindu Succession Act, 1956 did not apply until their integration into the Indian Union. The Portuguese Civil Code, 1867, governed these areas until the early 1960s.
• Dadra and Nagar Haveli: Initially excluded but brought under the application of the Hindu Succession Act, 1956 by subsequent regulations.
• Pondicherry (excluding Renocants): Governed by French Civil Code, 1804, for Renocants (Indians who opted for French law), while others were allowed to follow customary laws until specific regulations extended the Act’s applicability.

Historical Context:

• Goa Liberation: After Goa’s liberation in 1961, legislative measures were introduced to extend Indian laws, including the Hindu Succession Act, 1956, to these regions.
• Pondicherry as a French Colony: Governed by the French Civil Code, 1804, until the mid-20th century, with provisions allowing Indians to choose French law over customary laws through renunciation of their personal status.

Conclusion:

In conclusion, Section 5 of the Hindu Succession Act, 1956, through its exclusions and territorial provisions, highlights the legislative intent to respect diverse regional and historical contexts while ensuring a uniform framework for succession laws across most of India. These provisions reflect the complexity and evolution of legal frameworks governing inheritance and succession in the country’s diverse cultural and historical landscape.

Question: Discuss the applicability of the Hindu Succession Act, 1956 to Scheduled Tribes and the estates of erstwhile rulers of Indian states. Include relevant examples and exceptions in your answer.

Answer:

Introduction:

The Hindu Succession Act, 1956, while comprehensive in its scope, exempts certain categories of individuals and properties from its application, ensuring specific legal provisions for diverse groups.

Exclusion of Scheduled Tribe Hindus:

The Act does not apply to Hindus who are members of Scheduled Tribes, as defined under Article 342 of the Constitution of India. Scheduled Tribes enjoy constitutional protections of their cultural identity and customary laws, distinct from mainstream Hindu succession laws.

Exclusion of Former Rulers of Indian States:

Former rulers of princely states, who held impartible estates under customary rules like primogeniture, are exempt from the Hindu Succession Act, 1956. These estates, designated as impartible, maintain their unique succession rules unaffected by the Act’s provisions.

Historical Context and Legal Implications:

• Goa, Daman, Diu, Dadra and Nagar Haveli: Formerly governed by Portuguese Civil Code and French Civil Code, Hindus in these regions were subject to distinct laws until legislative integration into Indian laws.
• Impartible Estates and Rule of Primogeniture: The Act abrogates traditional rules of succession inconsistent with its provisions, ensuring impartible estates conform to modern heritable principles, except where specific covenants with the government preserve former rules.
• Legal Precedents: Cases such as R R Narpat Singh v. Yuv Raj Singh illustrate complexities in determining the status of acquired properties vis-à-vis impartible estates, highlighting the nuanced legal interpretation needed in such matters.

Conclusion:

In conclusion, the Hindu Succession Act, 1956, balances uniformity in succession laws with respect for diverse cultural and historical contexts, ensuring equitable application while respecting the unique legal statuses of Scheduled Tribe Hindus and former princely state rulers. These provisions reflect India’s legal evolution in harmonizing traditional customs with modern legal frameworks.

Question: Discuss the exceptions to the applicability of the Hindu Succession Act, 1956, as outlined in Section 5. Include specific examples of estates and properties exempted from the Act’s provisions, and explain the situation regarding agricultural holdings.

Answer:

Introduction:

Section 5 of the Hindu Succession Act, 1956, delineates specific exemptions where the Act’s provisions do not apply, ensuring clarity and exceptions in property succession.

Exemptions under Section 5:

1. Estate governed by Covenant or Agreement: The Act excludes estates descending to a single heir under covenants or agreements between Indian state rulers and the Government of India, or under pre-existing enactments predating the Act’s commencement. This provision preserves historical agreements and governance structures.
2. Valiamma Thampuran Kovilagam Estate and Palace Fund: Specifically exempted is the Valiamma Thampuran Kovilagam Estate and the Palace Fund administered by the Palace Administration Board, under Proclamation (IX) of 1124 dated 29th June, 1949, issued by the Maharaja of Cochin. This exemption honors local administrative arrangements and historic governance protocols.
3. Exemption for Agricultural Holdings: The Act does not apply where laws prevent fragmentation of agricultural holdings, fix ceilings on land holdings, or regulate the devolution of tenancy rights related to such agricultural properties. Despite the deletion of Section 4(2) from legislative records, the Act’s stance on agricultural property remains ambiguous, necessitating clarity on its applicability.

Legal Ambiguity and Legislative Intent:

The deletion of Section 4(2) raises uncertainties regarding the applicability of the Hindu Succession Act, 1956, to agricultural properties. The absence of explicit provisions leaves room for interpretation and underscores the need for legislative clarification to resolve ambiguity.

Conclusion:

In conclusion, Section 5 of the Hindu Succession Act, 1956, provides necessary exemptions ensuring continuity of historical agreements, local governance structures, and specific provisions regarding agricultural holdings. Clarity in legislative intent and statutory amendments is crucial to resolve uncertainties and ensure uniform application of succession laws across varied property types.

Question: Discuss the legal effects of disowning a person on inheritance rights under Hindu succession laws.

Answer:

Introduction:

In Hindu succession law, inheritance rights are primarily governed by statutory provisions and can only be altered through valid testamentary dispositions like a Will. This principle is crucial in determining the legal consequences of disownment or disinheritance.

Effects of Disowning a Person:

Disowning a family member, often declared publicly or through notices, does not legally affect their inheritance rights under Hindu succession laws. Such proclamations lack legal sanctity and cannot override the statutory rights of heirs. For instance, a parent’s attempt to disinherit a child through public disownment, even published in local newspapers, holds no legal weight in altering succession rights.

A notable case from Himachal Pradesh exemplifies this principle, where a mother disowned her son and publicly declared the severance of their relationship. The court affirmed that such notices do not disinherit statutory heirs and cannot prevent them from inheriting under applicable succession rules.

Ex-gratia Payments and Inheritance Rules:

The application of inheritance rules extends to the distribution of ex-gratia payments or compensation following the death of an individual. However, in certain cases, courts have clarified that ex-gratia payments need not strictly adhere to inheritance laws.

In Ganny Kaur v. State of NCT of Delhi, arising from the tragic anti-Sikh riots of 1984, the issue was raised regarding the distribution of ex-gratia payments among surviving relatives. The government announced compensation, and the court had to determine which surviving relative was entitled to receive it. Despite the application of inheritance laws potentially favoring one survivor over the other, the court ruled that ex-gratia payments do not necessarily follow strict inheritance rules. In this case, the compensation was equally distributed between the surviving relatives, acknowledging their shared loss.

Conclusion:

In conclusion, disownment through public notices does not affect inheritance rights under Hindu succession laws, which are safeguarded by statutory provisions. Additionally, while inheritance rules generally apply to the distribution of posthumous assets, courts have discretion in determining the distribution of ex-gratia payments based on equitable considerations rather than strict adherence to inheritance laws.

Question: Explain the distinction between testamentary succession and intestate succession under Hindu law, focusing on the application of the Hindu Succession Act, 1956.

Answer:

Introduction:

Succession under Hindu law operates through two primary mechanisms: testamentary succession and intestate succession. These mechanisms determine how property devolves upon the death of an individual, based on whether a valid Will exists.

Testamentary Succession:

Testamentary succession occurs when a Hindu, male or female, exercises their right to dispose of their property through a Will. The validity of the Will is paramount; if upheld, the property devolves according to the wishes expressed therein.

The person making the Will is termed a testator or testatrix, while the recipient of the bequest is known as a legatee. Testamentary succession allows individuals significant flexibility in distributing their assets, ensuring that their intentions prevail over default inheritance laws.

Intestate Succession:

In contrast, intestate succession applies when a Hindu dies without a valid Will, leaving behind property to be distributed among legal heirs as per statutory provisions. The person who dies without a Will is termed an intestate, and those entitled to inherit are referred to as heirs. The Hindu Succession Act, 1956, lays down comprehensive rules for intestate succession, ensuring a systematic distribution of assets in the absence of testamentary instructions.

Application of the Hindu Succession Act, 1956:

The provisions of the Hindu Succession Act, 1956, specifically Section 8, govern various categories of property in cases of intestate succession:

1. Separate Property or Self-acquisitions: This includes property acquired through personal earnings, gifts, inheritance, or prizes, regardless of the individual’s coparcenary status.
2. Undivided Share in Joint Family Property (Dayabhaga): An undivided share in joint family property under Dayabhaga law follows intestate succession principles, unaffected by the doctrine of survivorship.
3. Property Held by a Sole Surviving Coparcener: When only one coparcener remains in a Mitakshara coparcenary, their property devolves as if it were their separate estate upon their death.
4. Share Obtained on Partition: Property received by coparceners upon partition becomes their exclusive property, subject to intestate succession in the absence of male issue.
5. Undivided Share in Mitakshara Coparcenary: Notional partition principles apply to determine the devolution of undivided coparcenary shares upon the death of a male Hindu.
6. Interest in Traditional Joint Family Structures: The Act extends to govern interests in traditional family structures like Tarvad, Tavazhi, Kutumba, Kavaru, or Illom under specified customary laws.

Conclusion:

In conclusion, while testamentary succession allows Hindus to dictate the distribution of their property through a valid Will, intestate succession under the Hindu Succession Act, 1956, ensures an orderly distribution among legal heirs in the absence of such testamentary provisions. Understanding these distinctions is crucial for ensuring property devolution aligns with the wishes of the deceased or statutory guidelines, as applicable.

Question: Discuss the classification of heirs under the Hindu Succession Act, 1956, and its impact on inheritance laws previously governed by Mitakshara and Dayabhaga systems.

Answer:

Introduction:

The Hindu Succession Act, 1956, introduced a structured classification of heirs, significantly reforming inheritance laws that were previously diverse under Mitakshara, Dayabhaga, and matriarchal systems.

Classification of Heirs:

1. Class-I Heirs: This category includes heirs closely related to the deceased through direct lineage and proximity in relationship. It prioritizes natural love and affection over traditional propinquity rules. Amendments in 2005 expanded this category to include additional female heirs, ensuring gender equity in succession laws.
2. Class-II Heirs: In the absence of Class-I heirs, Class-II heirs inherit the property. This category encompasses a broader set of relatives, ensuring equitable distribution among multiple heirs within specific entries.
3. Class-III (Agnates): Known as agnates, these heirs are blood relatives related through a male lineage chain. They inherit property if neither Class-I nor Class-II heirs are present.
4. Class-IV (Cognates): Cognates are blood relatives of the deceased who are not directly linked through a male lineage but are still eligible to inherit if no agnates are available.

Impact on Previous Inheritance Systems:

• Mitakshara and Dayabhaga Systems: The Act superseded the complex rules of propinquity and religious efficiency under Mitakshara and Dayabhaga systems. These systems previously restricted inheritance to specific degrees of relationship, often favoring male heirs and limiting the inclusion of females or distant relatives beyond 14 degrees.
• Equitable Distribution: By abolishing these restrictions, the Act promotes gender-neutral inheritance practices and ensures that relatives, regardless of gender or distance, have a legal right to inherit property based on their relationship to the deceased.

Conclusion:

The classification of heirs under the Hindu Succession Act, 1956, reflects a modern approach to inheritance, emphasizing equality and inclusivity in succession laws. By categorizing heirs based on natural love and proximity of relationship rather than archaic propinquity rules, the Act harmonizes inheritance practices across diverse family structures, thereby promoting fairness and social justice in property devolution.