HINDU SUCCESSION ACT, 1956
The Gazette of India, Extraordinary Part II – Section I, Published by Authority, No.
38 ] New Delhi, JUNE 18, 1956, Ministry of Law, New
Delhi, the 18th June, 1956, No. 30 OF 1956. The following Act of Parliament received the assent
of the President on the 17th June, 1956 and is hereby published for general
information: –
HINDU
SUCCESSION ACT, 1956
SUCCESSION ACT, 1956
CHAPTER 1
PRELIMINARY
1. Short title and extent
(1) This Act may be
called the Hindu Succession Act, 1956.
called the Hindu Succession Act, 1956.
(2) It extends to the
whole of India except the State of Jammu and Kashmir
whole of India except the State of Jammu and Kashmir
2. Application of Act
(1) This Act applies-
(a) to any person, who
is a Hindu by religion in any of its forms or developments including a
Virashaiva, a Lingayat or follower of the Brahmo, Prarthana or Arya Samaj;
is a Hindu by religion in any of its forms or developments including a
Virashaiva, a Lingayat or follower of the Brahmo, Prarthana or Arya Samaj;
(b) to any person who
is Buddhist, Jaina or Sikh by religion; and
is Buddhist, Jaina or Sikh by religion; and
(c) to any other person
who is not a Muslim, Christian, Parsi or Jew by religion unless it is proved
that any such person would not have been governed by the Hindu Law or by any
custom or usage as part of that law in respect of any of the matters dealt with
herein if this Act had not been passed.
who is not a Muslim, Christian, Parsi or Jew by religion unless it is proved
that any such person would not have been governed by the Hindu Law or by any
custom or usage as part of that law in respect of any of the matters dealt with
herein if this Act had not been passed.
Explanation: The
following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the
case may be:-
following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the
case may be:-
(a) any child,
legitimate or illegitimate, one of whose parents are Hindus, Buddhists, Jainas
or Sikhs by religion;
legitimate or illegitimate, one of whose parents are Hindus, Buddhists, Jainas
or Sikhs by religion;
(b) any child,
legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or
Sikh by religion and who is brought up as a member of the tribe, community, group
or family to which such parent belongs or belonged;
legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or
Sikh by religion and who is brought up as a member of the tribe, community, group
or family to which such parent belongs or belonged;
(c) any person who is
convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.
convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.
(2) Notwithstanding
anything contained in sub-section (1) nothing contained in this Act shall apply
to the members of any Scheduled Tribe within the meaning of clause (25) of article
366 of the Constitution unless the Central Government, by notification in the
Official Gazette, otherwise directs.
anything contained in sub-section (1) nothing contained in this Act shall apply
to the members of any Scheduled Tribe within the meaning of clause (25) of article
366 of the Constitution unless the Central Government, by notification in the
Official Gazette, otherwise directs.
(3) The expression
“Hindu” in any portion of this Act shall be construed as if it
included a person who, though not a Hindu by religion, is, nevertheless, a
person to whom this Act applies by virtue of the provisions contained in this
section.
“Hindu” in any portion of this Act shall be construed as if it
included a person who, though not a Hindu by religion, is, nevertheless, a
person to whom this Act applies by virtue of the provisions contained in this
section.
3. Definitions and interpretations
(1) In this Act, unless
the context otherwise requires-
the context otherwise requires-
(a) “agnate”-
one person is said to be an “agnate” of another if the two are Hindu
Succession Act 1956 related by blood or adoption wholly through males;
one person is said to be an “agnate” of another if the two are Hindu
Succession Act 1956 related by blood or adoption wholly through males;
(b) “Aliyasantana
law” means the system of law applicable to persons who, if this Act had
not been passed, would have been governed by the Madras Aliyasantana Act, 1949,
or by the customary Aliyasantana law with respect to the matters for which
provision is made in this Act;
law” means the system of law applicable to persons who, if this Act had
not been passed, would have been governed by the Madras Aliyasantana Act, 1949,
or by the customary Aliyasantana law with respect to the matters for which
provision is made in this Act;
(c)
“cognate”-one person is said to be a cognate of another if the two
are related by blood or adoption but not wholly through males;
“cognate”-one person is said to be a cognate of another if the two
are related by blood or adoption but not wholly through males;
(d) the expressions
“custom and “usage” signify any rule which having been
continuously and uniformly observed for a long time, has obtained the force of law among
Hindus in any local area, tribe, community, group or family:
“custom and “usage” signify any rule which having been
continuously and uniformly observed for a long time, has obtained the force of law among
Hindus in any local area, tribe, community, group or family:
PROVIDED that the rule
is certain and not unreasonable or opposed to public policy:
is certain and not unreasonable or opposed to public policy:
PROVIDED FURTHER that
in case of a rule applicable only to a family it has not been discontinued by
the family;
in case of a rule applicable only to a family it has not been discontinued by
the family;
(e) “full
blood”, “half blood” and “uterine blood”-
blood”, “half blood” and “uterine blood”-
(i) two persons said to
be related to each other by full blood when they are descended from a common
ancestor by the same wife, and by half blood when they
are descended from a common ancestor but by different wives;
be related to each other by full blood when they are descended from a common
ancestor by the same wife, and by half blood when they
are descended from a common ancestor but by different wives;
(ii) two persons are
said to be related to each other by uterine blood when they are descended from
a common ancestress but by different husbands;
said to be related to each other by uterine blood when they are descended from
a common ancestress but by different husbands;
Explanation: In this
clause “ancestor” includes the father and “ancestress” the
mother,
clause “ancestor” includes the father and “ancestress” the
mother,
(f) “heir”
means any person, male or female, who is entitled to succeed to the property of
an intestate under this Act;
means any person, male or female, who is entitled to succeed to the property of
an intestate under this Act;
(g)
“intestate” a person is deemed to die intestate in respect of
property of which he or she has not made a testamentary disposition capable of
taking
“intestate” a person is deemed to die intestate in respect of
property of which he or she has not made a testamentary disposition capable of
taking
effect;
(h)
“marumakkattayam law” means the system of law applicable to
“marumakkattayam law” means the system of law applicable to
(a) who, if this Act
had not been passed, would have been governed by the Madras Marumakkattayam
Act, 1932; the Travancore Nayar Act; the Travancore Ezhava Act; the Travancore
Nanjinad Vellala Act; the Travancore Kshatriya Act, the Travancore Krishnanvaka Marumakkathayyee Acr;
the Cochin Marumakkathayam Act; or the Cochin Nayar Act with respect to the
matters for which provision is made in this Act; or
had not been passed, would have been governed by the Madras Marumakkattayam
Act, 1932; the Travancore Nayar Act; the Travancore Ezhava Act; the Travancore
Nanjinad Vellala Act; the Travancore Kshatriya Act, the Travancore Krishnanvaka Marumakkathayyee Acr;
the Cochin Marumakkathayam Act; or the Cochin Nayar Act with respect to the
matters for which provision is made in this Act; or
(b) who belong to any
community, the members of which are largely domiciled in the State of Travancore
– Cochin or Madras [1][as it existed immediately before the Ist November,
1956,] and who, if this Act had not been passed, would have been governed with
respect to the matters for which provision is made in this Act by any system of
inheritance in which descent is traced through the female line; but does not
include the Aliyasantana law;
community, the members of which are largely domiciled in the State of Travancore
– Cochin or Madras [1][as it existed immediately before the Ist November,
1956,] and who, if this Act had not been passed, would have been governed with
respect to the matters for which provision is made in this Act by any system of
inheritance in which descent is traced through the female line; but does not
include the Aliyasantana law;
(i) “Nambudri
law” means the system of law applicable to persons who if this Act had not
been passed, would have been governed by the Madras Nambudri Act, 1932; the
Cochin Nambudri Act; or the Travancore Malayala Brahmin Act with respect to the
matters for which provision is made in this Act ;
law” means the system of law applicable to persons who if this Act had not
been passed, would have been governed by the Madras Nambudri Act, 1932; the
Cochin Nambudri Act; or the Travancore Malayala Brahmin Act with respect to the
matters for which provision is made in this Act ;
(j) “related
” means related by legitimate kinship:
” means related by legitimate kinship:
PROVIDED that
illegitimate children shall be deemed to be related to their mother and to one
another, and their legitimate descendants shall be deemed to be related to them
and to one another; and any word expressing relationship or denoting a relative
shall be construed accordingly.
illegitimate children shall be deemed to be related to their mother and to one
another, and their legitimate descendants shall be deemed to be related to them
and to one another; and any word expressing relationship or denoting a relative
shall be construed accordingly.
(2) In this Act, unless
the context otherwise requires, words imparting the masculine gender shall not
be taken to include females.
the context otherwise requires, words imparting the masculine gender shall not
be taken to include females.
4. Overriding effect of Act
(1) Save as otherwise
expressly provided in this Act ,-
expressly provided in this Act ,-
(a) any text, rule or
interpretation of Hindu law or any custom or usage as part of that law in force
immediately before the commencement of this Act shall cease to have effect with
respect to any matter for which provision is made in this Act;
interpretation of Hindu law or any custom or usage as part of that law in force
immediately before the commencement of this Act shall cease to have effect with
respect to any matter for which provision is made in this Act;
(b) any other law in
force immediately before the commencement of this Act shall cease to apply to
Hindus insofar as it is inconsistent with any of the provisions contained in
this Act.
force immediately before the commencement of this Act shall cease to apply to
Hindus insofar as it is inconsistent with any of the provisions contained in
this Act.
(2) For the removal of
doubts it is hereby declared that nothing contained in this Act shall be deemed
to affect the provisions of any law for the time being in force providing for
the prevention of fragmentation of agricultural holdings or for the fixation of
ceilings or for the devolution of tenancy rights in respect of such holdings.
doubts it is hereby declared that nothing contained in this Act shall be deemed
to affect the provisions of any law for the time being in force providing for
the prevention of fragmentation of agricultural holdings or for the fixation of
ceilings or for the devolution of tenancy rights in respect of such holdings.
CHAPTER
II
II
INTESTATE
SUCESSION
SUCESSION
GENERAL
5. Act not to apply to
certain properties
certain properties
This Act shall not
apply to –
apply to –
(i) any property
succession to which is regulated by the Indian Succession Act, 1925 by reason
of the provision contained in section 21 of the Special Marriage Act, 1954.
succession to which is regulated by the Indian Succession Act, 1925 by reason
of the provision contained in section 21 of the Special Marriage Act, 1954.
(ii) any estate which
descends to a single heir by the terms of any covenant or agreement entered
into by the Ruler of any Indian State with the Government of India or by the
terms of any enactment passed before the commencement of this Act ;
descends to a single heir by the terms of any covenant or agreement entered
into by the Ruler of any Indian State with the Government of India or by the
terms of any enactment passed before the commencement of this Act ;
(iii) the Valiamma
Thampuran Kovilagam Estate and the Palace Fund administered by the Palace
Administration Board by reason of the powers conferred by Proclamation (IX of
1124) dated 29th June, 1949, promulgated by the Maharaja of Cochin.
Thampuran Kovilagam Estate and the Palace Fund administered by the Palace
Administration Board by reason of the powers conferred by Proclamation (IX of
1124) dated 29th June, 1949, promulgated by the Maharaja of Cochin.
PROVIDED that, if the
deceased had left him surviving a female relative specified in class I of the
Schedule or a male relative specified in that class who claims through such
female relative, the interest of the deceased in the Mitakshara coparcenary
property shall devolve by testamentary or intestate succession, as the case may
be, under this Act and not by survivorship.
deceased had left him surviving a female relative specified in class I of the
Schedule or a male relative specified in that class who claims through such
female relative, the interest of the deceased in the Mitakshara coparcenary
property shall devolve by testamentary or intestate succession, as the case may
be, under this Act and not by survivorship.
Explanation I: For the
purposes of this section, the interest of Hindu Mitakshara coparcener shall be
deemed to be the share in the property that would have been allotted to him if
a partition of the property had taken place immediately before his death,
irrespective of whether he was entitled to claim partition or not.
purposes of this section, the interest of Hindu Mitakshara coparcener shall be
deemed to be the share in the property that would have been allotted to him if
a partition of the property had taken place immediately before his death,
irrespective of whether he was entitled to claim partition or not.
Explanation 2: Nothing
contained in the proviso to this section shall be construed as enabling a
person who has separated himself from the coparcenary before the death of the
deceased or any of his heirs to claim on intestacy a share in the interest
referred to therein.
contained in the proviso to this section shall be construed as enabling a
person who has separated himself from the coparcenary before the death of the
deceased or any of his heirs to claim on intestacy a share in the interest
referred to therein.
7. Devolution of
interest in the property of a tarwad, tavazhi, kutumba, kavaru or illom (1)
When a Hindu to whom the marumakkattayam or nambudri law would have applied if
this Act had not been passed dies after the commencement of this Act, having at
the time of his or her death an interest in the property of a tarwad, tavazhi
or illom, as the case may be, his or her interest in the property shall devolve
by testamentary or intestate succession, as the case may be, under this Act and
not according to the marumkkattayam or numbudri law.
interest in the property of a tarwad, tavazhi, kutumba, kavaru or illom (1)
When a Hindu to whom the marumakkattayam or nambudri law would have applied if
this Act had not been passed dies after the commencement of this Act, having at
the time of his or her death an interest in the property of a tarwad, tavazhi
or illom, as the case may be, his or her interest in the property shall devolve
by testamentary or intestate succession, as the case may be, under this Act and
not according to the marumkkattayam or numbudri law.
Explanation: For the
purposes of this sub-section, the interest of a Hindu in the property of a
tarwad, tavazhi or illom shall be deemed to be the share in the property of
tarwad, tavazhi or illom , as the case may be, that would have fallen to him or
her if a partition of that property per capita had been made immediately before
his or her death among all the members of tarwad, tavazhi or illom, as the case
may be, then living whether he or she was entitled to claim such partition or
not under the marumakkattayam or nambudri law applicable to him or her, and
such share shall be deemed to have been allotted to him or her absolutely.
purposes of this sub-section, the interest of a Hindu in the property of a
tarwad, tavazhi or illom shall be deemed to be the share in the property of
tarwad, tavazhi or illom , as the case may be, that would have fallen to him or
her if a partition of that property per capita had been made immediately before
his or her death among all the members of tarwad, tavazhi or illom, as the case
may be, then living whether he or she was entitled to claim such partition or
not under the marumakkattayam or nambudri law applicable to him or her, and
such share shall be deemed to have been allotted to him or her absolutely.
(2) When a Hindu to
whom the aliyasantana law would have applied if this Act had not been passed,
dies after the commencement of this Act, having at the time of his or her death
an undivided interest in the property of a kutumba or kavaru, as the case may
be his or her interest in the property shall devolve by testamentary or
intestate succession, as the case may be, under this Act and not according to
the aliyasantana law.
whom the aliyasantana law would have applied if this Act had not been passed,
dies after the commencement of this Act, having at the time of his or her death
an undivided interest in the property of a kutumba or kavaru, as the case may
be his or her interest in the property shall devolve by testamentary or
intestate succession, as the case may be, under this Act and not according to
the aliyasantana law.
Explanation: For the
purposes of this sub-section, the interest of a Hindu in the property of
kutumba or kavaru shall be deemed to be the share in the property of the kutumba
or kavaru as the case may be, that would have fallen to him or her if a
partition of that property per capita had been made immediately before his or
her death among all the members of the kutumba or kavaru, as the case may be,
then living, whether he or she was entitled to claim such partition or not
under the aliyasantana law, and such share shall be deemed to have been
allotted to him or her absolutely.
purposes of this sub-section, the interest of a Hindu in the property of
kutumba or kavaru shall be deemed to be the share in the property of the kutumba
or kavaru as the case may be, that would have fallen to him or her if a
partition of that property per capita had been made immediately before his or
her death among all the members of the kutumba or kavaru, as the case may be,
then living, whether he or she was entitled to claim such partition or not
under the aliyasantana law, and such share shall be deemed to have been
allotted to him or her absolutely.
(3) Notwithstanding
anything contained in sub-section (1), when a sthanamdar dies after the
commencement of this Act, sthanam property held by him shall devolve upon the
members of the family to which the sthanamdar belonged and the heirs of the
sthanamdar as if the sthanam property had been divided per capita immediately before
the death of the sthanamdar among himself and all the members of his family
then living, and the shares falling to the members of his family and the heirs
of the sthanamdar shall be held by them as their separate property.
anything contained in sub-section (1), when a sthanamdar dies after the
commencement of this Act, sthanam property held by him shall devolve upon the
members of the family to which the sthanamdar belonged and the heirs of the
sthanamdar as if the sthanam property had been divided per capita immediately before
the death of the sthanamdar among himself and all the members of his family
then living, and the shares falling to the members of his family and the heirs
of the sthanamdar shall be held by them as their separate property.
Explanation: For the
purposes of this sub-section, the family of a sthanamdar shall include every
branch of that family, whether divided or undivided, the male members of which
would have been entitled by any custom or usage to succeed to the position of sthanamdar
if this Act had not been passed.
purposes of this sub-section, the family of a sthanamdar shall include every
branch of that family, whether divided or undivided, the male members of which
would have been entitled by any custom or usage to succeed to the position of sthanamdar
if this Act had not been passed.
8. General rules of succession
in the case of males.
in the case of males.
The property of a male
Hindu dying intestate shall devolve according to the provisions of this
Chapter-
Hindu dying intestate shall devolve according to the provisions of this
Chapter-
(a) firstly, upon the
heirs, being the relatives specified in class I of the Schedule;
heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there
is no heir of class I, then upon the heirs, being the relatives specified in
class II of the Schedule;
is no heir of class I, then upon the heirs, being the relatives specified in
class II of the Schedule;
(c) thirdly, if there
is no heir of any of two classes, then upon the agnates of the deceased; and
is no heir of any of two classes, then upon the agnates of the deceased; and
(d) lastly , if there
is no agnate, then upon the cognates of the deceased.
is no agnate, then upon the cognates of the deceased.
9. Order of succession
among heirs in the Schedule Among the heirs specified in the Schedule, those in
class I shall take simultaneously and to the exclusion of all other heirs;
those in the first entry in class II shall be preferred to those in the second
entry; those in the second entry shall be preferred to those in the third
entry; and so on in succession.
among heirs in the Schedule Among the heirs specified in the Schedule, those in
class I shall take simultaneously and to the exclusion of all other heirs;
those in the first entry in class II shall be preferred to those in the second
entry; those in the second entry shall be preferred to those in the third
entry; and so on in succession.
10. Distribution of
property among heirs in class I of the Schedule
property among heirs in class I of the Schedule
The property of an
intestate shall be divided among the heirs in class I of the Schedule in accordance
with the following rules :
intestate shall be divided among the heirs in class I of the Schedule in accordance
with the following rules :
Rule 1 – The intestate’s
widow, or if there are more widows than one, all the widows together, shall
take one share.
widow, or if there are more widows than one, all the widows together, shall
take one share.
Rule 2 – The surviving
sons and daughters and the mother of the intestate shall each take one share.
sons and daughters and the mother of the intestate shall each take one share.
Rule 3 – The heirs in
the branch of each pre-deceased son or each pre-deceased daughter of the
insteatate shall take between them one share.
the branch of each pre-deceased son or each pre-deceased daughter of the
insteatate shall take between them one share.
Rule 4 – The
distribution of the share referred to in Rule 3-
distribution of the share referred to in Rule 3-
(i) among the heirs in the branch of
pre-deceased son shall be so made that his widow (or widow together) and the
surviving sons and daughters get equal portions; and the branch of his
predeceased sons gets the same portion;
pre-deceased son shall be so made that his widow (or widow together) and the
surviving sons and daughters get equal portions; and the branch of his
predeceased sons gets the same portion;
(ii) among the heirs in
the branch of the pre-deceased daughter shall be so made that the surviving
sons and daughters get equal portions.
the branch of the pre-deceased daughter shall be so made that the surviving
sons and daughters get equal portions.
11. Distribution of
property among heirs in class II of the Schedule
property among heirs in class II of the Schedule
The property of an
intestate shall be divided between the heirs specified in any one entry in
class II of the Schedule so that they share equally.
intestate shall be divided between the heirs specified in any one entry in
class II of the Schedule so that they share equally.
12. Order of succession
among agnates and cognates:
among agnates and cognates:
The order of succession
among agnates or cognates, as the case may be, shall be determined in
accordance with the rules of preference laid down hereunder:
among agnates or cognates, as the case may be, shall be determined in
accordance with the rules of preference laid down hereunder:
Rule 1 – Of two heirs, the
one who has fewer or no degrees of ascent is preferred.
one who has fewer or no degrees of ascent is preferred.
Rule 2 – Where the number
of degrees of ascent is the same or none, that heir is preferred who has fewer
or no degrees of descent.
of degrees of ascent is the same or none, that heir is preferred who has fewer
or no degrees of descent.
Rule 3 – Where neither heirs
is entitled to be preferred to the other Rule 1 or Rule 2 they take simultaneously.
is entitled to be preferred to the other Rule 1 or Rule 2 they take simultaneously.
13. Computation of
degrees
degrees
(1) For the purposes of
determining the order of succession among agnates or cognates, relationship
shall be reckoned from the intestate to the heir in terms of degrees or ascent
or degrees of descent or both, as the case may be (1) Degrees of ascent and
degrees of descent shall be computed inclusive of the intestate
determining the order of succession among agnates or cognates, relationship
shall be reckoned from the intestate to the heir in terms of degrees or ascent
or degrees of descent or both, as the case may be (1) Degrees of ascent and
degrees of descent shall be computed inclusive of the intestate
(3) Every generation
constitutes a degree either ascending or descending.
constitutes a degree either ascending or descending.
14. Property of a
female Hindu to be her absolute property
female Hindu to be her absolute property
(1) Any property
possessed by a female Hindu, whether acquired before or after the commencement
of this Act, shall be held by her as full owner thereof and not as a limited
owner.
possessed by a female Hindu, whether acquired before or after the commencement
of this Act, shall be held by her as full owner thereof and not as a limited
owner.
Explanation:- In this
sub-section “property” includes both movable and immovable property
acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu
of maintenance or arrears of maintenance, or by gift from any person, whether a
relative or not, before, at or after her marriage, or by her own skill or
exertion, or by purchase or by prescription, or in any other manner whatsoever,
and also any such property held by her as stridhana immediately before the
commencement of this Act.
sub-section “property” includes both movable and immovable property
acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu
of maintenance or arrears of maintenance, or by gift from any person, whether a
relative or not, before, at or after her marriage, or by her own skill or
exertion, or by purchase or by prescription, or in any other manner whatsoever,
and also any such property held by her as stridhana immediately before the
commencement of this Act.
(2) Nothing contained
in sub-section (1) shall apply to any property acquired by way of gift or under
a will or any other instrument or under a decree or order of a civil court or
under an award where the terms of the gift, will or other instrument or the
decree, order or award prescribe a restricted estate in such property.
in sub-section (1) shall apply to any property acquired by way of gift or under
a will or any other instrument or under a decree or order of a civil court or
under an award where the terms of the gift, will or other instrument or the
decree, order or award prescribe a restricted estate in such property.
(1) The property of a
female Hindu dying intestate shall devolve according to the rules set out in
section 16:
female Hindu dying intestate shall devolve according to the rules set out in
section 16:
(a) firstly, upon the
sons and daughters (including the children of any predeceased son or daughter)
and the husband;
sons and daughters (including the children of any predeceased son or daughter)
and the husband;
(b) secondly, upon the
heirs of the husband;
heirs of the husband;
(c) thirdly, upon the
mother and father;
mother and father;
(d) fourthly, upon the
heirs of the father; and
heirs of the father; and
(e) lastly, upon the
heirs of the mother.
heirs of the mother.
(2) Notwithstanding
anything contained in sub-section (1)-
anything contained in sub-section (1)-
(a) any property
inherited by a female Hindu from her father or mother shall devolve, in the
absence of any son or daughter of the deceased (including the children of any
pre-deceased son or daughter) not upon the other heirs referred to in
sub-section (1) in the order specified therein, but upon the heirs of the
father; and
inherited by a female Hindu from her father or mother shall devolve, in the
absence of any son or daughter of the deceased (including the children of any
pre-deceased son or daughter) not upon the other heirs referred to in
sub-section (1) in the order specified therein, but upon the heirs of the
father; and
(b) any property
inherited by a female Hindu from her husband or from her father-in-law shall
devolve, in the absence of any son or daughter of the deceased (including the
children of any pre-deceased son or daughter) not upon the other heirs referred
to in sub-section (1) in the order specified therein, but upon the heirs of the
husband.
inherited by a female Hindu from her husband or from her father-in-law shall
devolve, in the absence of any son or daughter of the deceased (including the
children of any pre-deceased son or daughter) not upon the other heirs referred
to in sub-section (1) in the order specified therein, but upon the heirs of the
husband.
16. Order of succession
and manner of distribution among heirs of a female Hindu The order of
succession among the heirs referred to in section 15 shall be, and the distribution
of the intestate’s property among those heirs shall take place, according to
the following rules, namely:-
and manner of distribution among heirs of a female Hindu The order of
succession among the heirs referred to in section 15 shall be, and the distribution
of the intestate’s property among those heirs shall take place, according to
the following rules, namely:-
Rule 1 – Among the heirs
specified in sub-section (1) of section 15, those in one entry shall be
preferred to those in any succeeding entry and those including in the same
entry shall take simultaneously.
specified in sub-section (1) of section 15, those in one entry shall be
preferred to those in any succeeding entry and those including in the same
entry shall take simultaneously.
Rule 2 – If any son or
daughter of the intestate had pre-deceased the intestate leaving his or her own
children alive at the time of the intestate’s death, the children of such son
or daughter shall take between them the share which such son or daughter would
have taken if living at the intestate’s death.
daughter of the intestate had pre-deceased the intestate leaving his or her own
children alive at the time of the intestate’s death, the children of such son
or daughter shall take between them the share which such son or daughter would
have taken if living at the intestate’s death.
Rule 3 – The devolution
of the property of the intestate on the heirs referred to in clauses (b), (d)
and (e) of sub-section (1) and in sub section (2) of section 15 shall be in the
same order and according to the same rules as would have applied if the
property had been the father’s or the mother’s or the husband’s as the case may
be, and such person had died intestate in respect thereof immediately after the
intestate’s death.
of the property of the intestate on the heirs referred to in clauses (b), (d)
and (e) of sub-section (1) and in sub section (2) of section 15 shall be in the
same order and according to the same rules as would have applied if the
property had been the father’s or the mother’s or the husband’s as the case may
be, and such person had died intestate in respect thereof immediately after the
intestate’s death.
17 Special provisions
respecting persons governed by Marumakkattayam and
respecting persons governed by Marumakkattayam and
Aliyasantana
laws
laws
The provisions of
section 8,10,15 and 23 shall have effect in relation to persons who would have
been governed by the marumakkattayam law or aliyasantana law if this Act had
not been passed as if-
section 8,10,15 and 23 shall have effect in relation to persons who would have
been governed by the marumakkattayam law or aliyasantana law if this Act had
not been passed as if-
(i) for sub-clauses (c)
and (d) of section 8, the following had been substituted namely:-
and (d) of section 8, the following had been substituted namely:-
“(c) thirdly, if
there is no heir of any of the two clauses, then upon is relatives, whether
agnates or cognates”;
there is no heir of any of the two clauses, then upon is relatives, whether
agnates or cognates”;
(ii) for clauses (a) to
(e) of sub section (1)of section 15, the following had been substituted
namely:-
(e) of sub section (1)of section 15, the following had been substituted
namely:-
(a) “firstly, upon the
sons and daughters (including the children of any predeceased son or daughter)
and the mother ;
sons and daughters (including the children of any predeceased son or daughter)
and the mother ;
(b) secondly, upon the
father and the husband;
father and the husband;
(c) thirdly, upon the
heirs of the mother;
heirs of the mother;
(d) fourthly, upon the
heirs of the father; and
heirs of the father; and
(e) lastly, upon the
heirs of the husband”;
heirs of the husband”;
(iii) clause (a) of
sub-section (2) of section 15 had been omitted;
sub-section (2) of section 15 had been omitted;
(iv) section 23 had
been omitted.
been omitted.
General Provisions
Relating To Succession
Relating To Succession
18. Full blood
preferred to half blood Heirs related to an intestate by full blood shall be
preferred to heirs related by half blood, if the nature of the relationship is
the same in every other respect.
preferred to half blood Heirs related to an intestate by full blood shall be
preferred to heirs related by half blood, if the nature of the relationship is
the same in every other respect.
19. Mode of succession
of two or more heirs. If two or more heirs succeed together to the property of
an intestate, they shall take the property-
of two or more heirs. If two or more heirs succeed together to the property of
an intestate, they shall take the property-
(a) save as otherwise
expressly provided in this Act, per capita and not per stripes; and
expressly provided in this Act, per capita and not per stripes; and
(b) as tenants-in-
common and not as joint tenants.
common and not as joint tenants.
20. Right of child in
womb
womb
A child who was in the
womb at the time of death of an intestate and who is subsequently born alive
has the same right to inherit to the intestate as if he or she had been born
before the death of the intestate, and the inheritance shall be deemed to vest
in such a case with effect from the date of the death of the intestate.
womb at the time of death of an intestate and who is subsequently born alive
has the same right to inherit to the intestate as if he or she had been born
before the death of the intestate, and the inheritance shall be deemed to vest
in such a case with effect from the date of the death of the intestate.
21. Presumption in
cases of simultaneous deaths
cases of simultaneous deaths
Where two persons have
died in circumstances rendering it uncertain whether either of them, and if so
which, survived the other, then for all purposes affecting succession to property,
it shall be presumed, until the contrary is proved, that the younger survived
the elder.
died in circumstances rendering it uncertain whether either of them, and if so
which, survived the other, then for all purposes affecting succession to property,
it shall be presumed, until the contrary is proved, that the younger survived
the elder.
22. Preferential right
to acquire property in certain cases
to acquire property in certain cases
(1) Where, after the
commencement of this Act, interest in any immovable property of an intestate,
or in any business carried on by him or her, whether solely or in conjunction
with others, devolve upon to two or more heirs specified in class I of the
Schedule, and any one of such heirs proposes to transfer his or her interest in
the property or business, the other heirs shall have a preferential right to
acquire the interest proposed to be transferred.
commencement of this Act, interest in any immovable property of an intestate,
or in any business carried on by him or her, whether solely or in conjunction
with others, devolve upon to two or more heirs specified in class I of the
Schedule, and any one of such heirs proposes to transfer his or her interest in
the property or business, the other heirs shall have a preferential right to
acquire the interest proposed to be transferred.
(2) The consideration
for which any interest in the property of the deceased may be transferred under
this sub section shall, in the absence of any agreement between the parties, be
determined by the court on application being made to it in this behalf, and if
any person proposing to acquire the interest is not willing to acquire it for
the consideration so determined, such person shall be liable to pay all costs
of or incident to the application.
for which any interest in the property of the deceased may be transferred under
this sub section shall, in the absence of any agreement between the parties, be
determined by the court on application being made to it in this behalf, and if
any person proposing to acquire the interest is not willing to acquire it for
the consideration so determined, such person shall be liable to pay all costs
of or incident to the application.
(2) If there are two or
more heirs specified in class I of the Schedule proposing to acquire any
interest under this section, that heir who offers the highest consideration for
the transfer shall be preferred.
more heirs specified in class I of the Schedule proposing to acquire any
interest under this section, that heir who offers the highest consideration for
the transfer shall be preferred.
Explanation:- In this
section,”court” means the court within the limits of whose
jurisdiction the immovable property is situate or the business is carried on,
and includes any other court which the State Government may, by notification in
the Official Gazette, specify in this behalf.
section,”court” means the court within the limits of whose
jurisdiction the immovable property is situate or the business is carried on,
and includes any other court which the State Government may, by notification in
the Official Gazette, specify in this behalf.
Where an application is
moved under this section and a decision taken thereupon, there is no provision
for appeal either under this section or some where else under this Act.
moved under this section and a decision taken thereupon, there is no provision
for appeal either under this section or some where else under this Act.
The decision taken as
such is not a decree so as to prefer an appeal. Even order 43 rule 1 of CPC
does not make it an appealable order-Tarakadas Ghosh v. Sunil Kumar Ghosh AIR 1980
Cal 5323. Special provision respecting dwelling houses. Where a Hindu intestate
has left surviving him or her both male and female heirs specified in class I
of the Schedule and his or her property includes a dwelling house wholly
occupied by members of his or her family, then, notwithstanding anything
contained in this Act, the right of any such female heir to claim partition of
the dwelling-house shall not arise until the male heirs choose to divide their
respective shares therein; but the female heir shall be entitled to a right of
residence therein:
such is not a decree so as to prefer an appeal. Even order 43 rule 1 of CPC
does not make it an appealable order-Tarakadas Ghosh v. Sunil Kumar Ghosh AIR 1980
Cal 5323. Special provision respecting dwelling houses. Where a Hindu intestate
has left surviving him or her both male and female heirs specified in class I
of the Schedule and his or her property includes a dwelling house wholly
occupied by members of his or her family, then, notwithstanding anything
contained in this Act, the right of any such female heir to claim partition of
the dwelling-house shall not arise until the male heirs choose to divide their
respective shares therein; but the female heir shall be entitled to a right of
residence therein:
PROVIDED that where
such female heir is a daughter, she shall be entitled to a right of residence
in the dwelling house only if she is unmarried or has been deserted by or has separated
from her husband or is a widow.
such female heir is a daughter, she shall be entitled to a right of residence
in the dwelling house only if she is unmarried or has been deserted by or has separated
from her husband or is a widow.
24. Certain widows
remarrying may not inherit as widows Any heir who is related to an intestate as
the widow of a pre-deceased son, the widow of a predeceased son of a
pre-deceased son or the widow of a brother shall not be entitled to succeed to
the property of the intestate as such widow, if on the date the succession
opens, she has re-married.
remarrying may not inherit as widows Any heir who is related to an intestate as
the widow of a pre-deceased son, the widow of a predeceased son of a
pre-deceased son or the widow of a brother shall not be entitled to succeed to
the property of the intestate as such widow, if on the date the succession
opens, she has re-married.
25. Murderer
disqualified: A person who commits murder or abets the commission of murder
shall be disqualified from inheriting the property of the person murdered, or
any other property in furtherance of the succession to which he or she
committed or abetted the commission of the murder.
disqualified: A person who commits murder or abets the commission of murder
shall be disqualified from inheriting the property of the person murdered, or
any other property in furtherance of the succession to which he or she
committed or abetted the commission of the murder.
26. Convert’s
descendants disqualified
descendants disqualified
Where, before or after
the commencement of this Act, a Hindu has ceased or ceases to be Hindu by
conversion to another religion, children born to him or her after such
conversion and their descendants shall be disqualified from inheriting the
property of any of their Hindu relatives, unless such children or descendants
are Hindus at the time when the succession opens.
the commencement of this Act, a Hindu has ceased or ceases to be Hindu by
conversion to another religion, children born to him or her after such
conversion and their descendants shall be disqualified from inheriting the
property of any of their Hindu relatives, unless such children or descendants
are Hindus at the time when the succession opens.
27 Succession when heir
disqualified
disqualified
If any person is
disqualified from inheriting any property under this Act, it shall devolve as
if such person had died before the intestate.
disqualified from inheriting any property under this Act, it shall devolve as
if such person had died before the intestate.
28 Disease, defect etc.
not to disqualify
not to disqualify
No person shall be
disqualified from succeeding to any property on the ground of any disease,
defects or deformity, or save as provided in this Act, on any other ground
whatsoever.
disqualified from succeeding to any property on the ground of any disease,
defects or deformity, or save as provided in this Act, on any other ground
whatsoever.
Chapter
III
III
TESTAMENTARY
SUCCESSION
SUCCESSION
29. Testamentary
succession
succession
[***] Any Hindu may
dispose of by will or other testamentary disposition any property, which is
capable of being so disposed of by him, in accordance with the provisions of
the Indian Succession Act, 1925, or any other law for the time being in force
and applicable to Hindus.
dispose of by will or other testamentary disposition any property, which is
capable of being so disposed of by him, in accordance with the provisions of
the Indian Succession Act, 1925, or any other law for the time being in force
and applicable to Hindus.
Explanation:- The
interest of a male Hindu in a Mitakshara coparcenary property or the interest
of a member of a tarwad, tavazhi, illom, kutumba or kavaru in the property of
the tarwad, tavazhi, illom, kutumba or kavaru shall notwithstanding anything
contained in this Act or in any other law for the time being in force, be
deemed to be property capable of being disposed of by him or by her within the
meaning of this 2 [section] 3[***]
interest of a male Hindu in a Mitakshara coparcenary property or the interest
of a member of a tarwad, tavazhi, illom, kutumba or kavaru in the property of
the tarwad, tavazhi, illom, kutumba or kavaru shall notwithstanding anything
contained in this Act or in any other law for the time being in force, be
deemed to be property capable of being disposed of by him or by her within the
meaning of this 2 [section] 3[***]
Chapter IV
REPEAL
31. Repeal
[Rep. By Repealing and
Amending Act, 1960 (58 of 1960)]
Amending Act, 1960 (58 of 1960)]
THE
SCHEDULE
SCHEDULE
[Section
8]
8]
HEIRS
IN CLASS I AND CLASS II
IN CLASS I AND CLASS II
CLASS
I
I
Son; daughter; widow; mother;
son of a pre-deceased son; daughter of a pre-deceased son; son of a
pre-deceased daughter; daughter of a pre-deceased daughter; widow of a
pre-deceased son; son of a pre-deceased son of a pre-deceased son, daughter of
a pre-deceased son of a predeceased son; widow of a pre-deceased son of a
pre-deceased son.
son of a pre-deceased son; daughter of a pre-deceased son; son of a
pre-deceased daughter; daughter of a pre-deceased daughter; widow of a
pre-deceased son; son of a pre-deceased son of a pre-deceased son, daughter of
a pre-deceased son of a predeceased son; widow of a pre-deceased son of a
pre-deceased son.
CLASS
II
II
I. Father
II (1) Son’s daughter’s
son, (2) son’s daughter’s daughter,(3) brother, (4) sister.
son, (2) son’s daughter’s daughter,(3) brother, (4) sister.
III (1) Daughter’s
son’s son (2) daughter’s son’s daughter, (3) daughter’s daughter’s son (4)
daughter’s daughter’s daughter.
son’s son (2) daughter’s son’s daughter, (3) daughter’s daughter’s son (4)
daughter’s daughter’s daughter.
IV. (1) Brother’s son
(2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
(2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
V. Father’s father;
father’s mother.
father’s mother.
VI. Father’s widow;
brother’s widow.
brother’s widow.
VII. Father’s brother;
fathers’ sister.
fathers’ sister.
VIII. Mother’s father;
mother’s mother.
mother’s mother.
IX. Mother’s brother,
mother’s sister.
mother’s sister.
Explanation:- In this
Schedule, reference to a brother or sister do not include reference to a
brother or sister by uterine blood.
Schedule, reference to a brother or sister do not include reference to a
brother or sister by uterine blood.
K.
Y. BHANDARKAR,
Y. BHANDARKAR,
Secy,
to the Govt. of India,
to the Govt. of India,
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AS – 18122019