Evolution of Hindu Succession Law: A Comparative Study of the Yājñavalkyasmṛti and the Hindu Succession Act, 1956

Abstract

The law of succession constitutes a fundamental branch of jurisprudence that governs the devolution of property and proprietary rights after the death of an individual. Within the Hindu legal tradition, the principles of inheritance evolved through the Smṛtis and their authoritative commentaries, which profoundly influenced the development of classical Hindu jurisprudence. Among these, the Yājñavalkyasmṛti occupies a distinguished position for its systematic exposition of legal doctrines relating to partition, inheritance, and succession. Many of its principles subsequently formed the basis of the Mitākṣarā and Dayabhāga schools of Hindu law, which continued to regulate succession until the enactment of modern statutory legislation. The Hindu Succession Act, 1956 introduced significant legal reforms by codifying and modernising the law of intestate succession while promoting greater uniformity and gender equity. The present study undertakes a comparative analysis of the law of succession as expounded in the Yājñavalkyasmṛti and the provisions of the Hindu Succession Act, 1956. It critically examines the concepts of inheritance, partition, coparcenary rights, succession to ancestral property, and the legal position of female heirs under both legal systems. The study further explores the extent to which the ancient jurisprudential principles have been retained, modified, or superseded by contemporary legislation in response to changing social and constitutional values. By analysing the continuity as well as the transformation of Hindu succession law, the paper demonstrates that although the statutory framework has introduced substantial reforms—particularly with respect to women's inheritance rights—the foundational concepts developed in the Yājñavalkyasmṛti continue to influence modern Hindu jurisprudence. The study highlights the enduring relevance of classical Sanskrit legal literature in understanding the historical evolution and contemporary development of Hindu succession law.