The Position of the Father in Hindu Succession: Responsibilities vs Legal Rights
- NLR Journal
- 5 hours ago
- 1 min read
By Reshma Swain & Nihar Ranjan Parida, Birla Global University.
Abstract
“A father carries responsibilities in life that the law often fails to recognize in death”
In Hindu society, the father has traditionally been the pillar of the family protector, provider, and guide. From the birth of a child, both parents share responsibilities, yet the father often bears the primary duty of securing a better future through education, sustenance, and overall well-being, while the mother nurtures and cares for the child. Throughout childhood and adulthood, the father frequently sacrifices personal needs to ensure the welfare of his family. Paradoxically, under modern Hindu succession laws, particularly the Hindu Succession Act, 1956, the father is classified as a Class II heir, subordinated to his children and spouse in inheritance matters. This legal position creates a stark disparity between the father’s lifelong responsibilities and his rights, sometimes leaving him vulnerable in family property disputes. This research critically examines this imbalance through historical analysis, doctrinal study of statutes such as the Hindu Adoption and Maintenance Act and the Hindu Minority and Guardianship Act, and judicial interpretations. The paper highlights the inadequacy of current laws in recognizing the father’s central role in family life and argues for reforms that harmonize legal recognition with social responsibilities, ensuring justice, fairness, and equitable protection for fathers in contemporary Hindu succession.
Keywords: Father, Hindu Succession Act, Class II Heir, Property Rights, Family Responsibilities.
