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HINDU SUCCESSION ACT, 1956
[ 30 of 1956, dt. 17-6-1956]
A n Act to amend and codify the law relating to intestate succession among Hindus.
B e it enacted by Parliament in the Seventh Year of the Republic of India as follows:-
CHAPTER 1
PRELIMINARY
1 Short title and extent 2 Application of Act 3 Definitions and Interpretations 4 Overriding effect of Act
CHAPTER II
INTESTATE SUCCESSION GENERAL
5 Act not to apply to certain properties 6 Devolution of interest of coparcenary property 7 Devolution of interest in property of a Tarwad, Tavazhi, Kutumba, kavaru or IIIom 8 General rules of succession in the case of males 9 Order of succession among heirs in the Schedule 10 Distribution of property among heirs in class I of the Schedule 11 Distribution of property among heirs in class II of the Schedule 12 Order of succession among agnates and cognates 13 Computation of degrees 14 Property of a female Hindu to be her absolute property 15 General rule of succession in the case of female Hindus 16 Order of succession and manner of distribution among heirs of a female Hindu
17 Special provision respecting person governed by Marumakkattayam and Aliyasantana laws 18 Full blood preferred to half blood 19 Mode of succession of two or more heirs 20 Right of child in womb 21 Presumption in cases of simultaneous deaths 22 Preferential right to acquire property in certain cases 23 Special provision respecting dwelling houses 24 Certain widow remarrying may not inherit as widows 25 Murderer disqualified 26 Convert’s descendants disqualified 27 Succession when heir disqualified 28 Disease, defect, etc. not to disqualify 29 Failure of heirs
CHAPTER III
TESTAMENTARY SUCCESSION
30 Testamentary succession
CHAPTER IV
REPEAL
31 Repeal 32 THE SCHEDULE-Heirs in Class I and Class II
HINDU SUCCESSION ACT,
CHAPTER I
PRELIMINARY
1. Short title and extent
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; (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; (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: PROVIDED that the rule 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;
(e) "full 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; (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;
Explanation: In this 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;
(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 effect;
(h) "marumakkattayam law" means the system of law applicable to persons-
(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 (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; (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 ;
(j) "related " 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.
(2) In this Act, unless 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 ,-
(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;
daughters to succeed, is no more valid.- Manshan v. Tejram AIR 1980 SC 558. Act being only of prospective nature so where the heir is not a limited owner, this Act would in no way affect his succession; but it is essential that succession should have taken place prior to the commencement of this Act.-Rameshwar v. Hemant Kumar AIR 1985 Pat.168.
CHAPTER II
INTESTATE SUCESSION
GENERAL
5. Act not to apply to certain properties
This Act shall not 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. (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 ; (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.
COMMENTS
Where the son is brought up a Hindu, the Act in no way puts obstacle before the son being treated as member of the Hindu undivided family.-Maneka Gandhi v. Indira Gandhi AIR 1985 Del 114
6. Devolution of interest of coparcenary property
When a male Hindu dies after the commencement of this Act, having at the time of his death an interest in Mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this Act:
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.
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.
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.
COMMENTS
Property that is in the hands of the son can not amount to coparcenary property, the reason
behind being that nature and character of ancestral property as far as Mitakshara law is
concerned is completely abrogated- Malchand Thirani & Sons v. CIT 1980 (121) ITR 976
In order to ascertain the nature of property within the meaning of s.6 relevant date is the
date on which the father acquired the property whether by succession or by dissolution-
Ram Singh v. Badhu Sen AIR 1981 All 126.
Where the separate property it got by the father in partition with his sons; the property is
not to be taken as coparcenary property in the hands of father. On father becoming dead
each son takes as a tenant-in-common and not as joint tenant-Satya Narayana v.
Rameshwer AIR 1982 Pat 44.
In the case, actual partition takes place, share of the person, widow or the mother, entitled
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.
(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. 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.
COMMENTS
The mode of devolution which s.36 (5) of the Aliyasanthana Act prescribes has to give way
to the provisions of s.8 of the Hindu Succession Act prescribing a different mode of
succession.-Ramanaraj v. Jagannath AIR 1982 Kar 270
Devolution of the undivided interest of the deceased or the separate property of the
deceased is to be in accordance with the s.7 (2) and s.17 of the Hindu Succession Act
only.- Ramanaraj v. Jagannath AIR 1982 Kar 270
8. General rules of succession in the case of males.
The property of a male 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; (b) secondly, if there 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 (d) lastly , if there is no agnate, then upon the cognates of the deceased.
COMMENTS
Subsequent to the compromises decree, property would revert back to the estate of the donor after his lifetime, and it is the Hindu Succession Act that is to govern the succession to the property.-Maushan v. Taj Ram AIR 1980 SC 558
Where a partition of a joint family property takes place and a separate share is given to the mother, then in the case of death of one of the sons the mother would be entitled to have a share in the separate property of her son. Fact that earlier when the partition took place she was given a share would not place any bar.-Savitri v. Devaki AIR 1982 Kar. 67 In the case of a Hindu male governed by Mitakshara under s.8 of the Act, the property that devolves on him will be his separate property. Such a property would never amount to join family property in his hands as against his son.-Yudhishtir v. Ashok Kumar AIR 1987 SC 558 In case the widow remarries, she would not be divested of the property inherited by her simply on account of her remarrying.-Udham Kaur v. Harbans 1983 HLR 579
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
Rule2- Where the number of degrees of ascent is the same or none, that
heir is preferred who has fewer or no degrees of descent.
Rule3- Where neither heirs is entitled to be preferred to the other Rule 1 or Rule 2 they take simultaneously.
13. Computation of 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
(3) Every generation constitutes a degree either ascending or descending.
14. Property of a 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.
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.
(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.
COMMENTS
This section recognises equality of sexes and elevates the women from subservient position
in the field of economy to a higher pedestal. Now the women can enjoy and have full
powers as regards disposal of property held by them. They are to be taken as owners
without putting any artifical limitations on their right of ownership.- Bai Vijaya v.
Thakuribai Chela Bhai AIR 1979 SC 993
Where the death of the husband took place in the year 1936, before the Hindu Women's
Right to Property Act came into force, as at that time only right of maintenance was
conferred upon the widow, there would not be any application of s.14 (1)- Suraj Mul v.
Babulal AIR 1985 Del 95
Besides possessing an existing right of maintenance, a woman in the Hindu family is also
conferred right in the family property. It cannot be said that partition deed is something
creating a new right in her in so far as the property is concerned; nor it amounts to
acquiring of the property by her by virtue of partition deed when the facts are so, there
would be the application of sub-s. (1) of s.14 and not of sub-s.(2) of the said section.-
Tulasamma v. Seshareddi AIR 1977 SC 1944
Where the property is acquired by the Hindu female under a written instrument or decree
and such acquisition is not traceable to any antecedent title, there would be the application
of sub-s. (2) and when antecedent title is traceable, a document like will is of no
consequence and sub s. (1) would come into operation-Jaswant Kaur v. Majid Harpal Singh
1990(1) MLJ SC 1.
In the instant case mutation took place and the records showed as widow of the last male
holder. When present Hindu Succession Act came into force, collaterals raised the
contention that mutation was without any right in the property and the collaterals had the
right in the property it was held that as s.14 (1) conferred absolute right on the widow,
collaterals had nothing to say.-Bishwanath Pandey v. Badami Kaur AIR 1980 SC 1329
Application of the provision of s. 14 (2) is confined to causes where on account of some
grant or disposition, a right is conferred with certain restrictions on the widow for the first
COMMENTS
Within the expression " son and daughter" there is no inclusion of step-son and step
daughter.-Visalakshi v. Chelliah Pillai 1988 (2) MLJ 511
Clause (a) of the sub s. (1) does not include the widow of a predeceased son and the
husband of a predeceased daughter in the category of heirs. On the death of a female
intestate, the daughter of the predeceased son is given the preference over the sister of her
husband.-Mohindero v. Kartar Singh AIR 1991 SC 257.
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:-
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.
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.
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.
COMMENTS
Where there was the pendency of the suit filed by a female Hindu against the family of her
father for the partition of the family property but the female filling the suit died issueless,
her husband was not granted permission to enter as her legal representative for the fact that
the property devolved upon the father of the deceased under s. 15 (2) (a)- Raghuvar v.
Jhaniki Prasad AIR 1981 MP 39
17 Special provisions respecting persons governed by Marumakkattayam and Aliyasantana 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-
(i) for sub-clauses (c) 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”; (ii) for clauses (a) to (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 ; (b) secondly, upon the father and the husband; (c) thirdly, upon the heirs of the mother; (d) fourthly, upon the heirs of the father; and (e) lastly, upon the heirs of the husband";
(iii) clause (a) of sub-section (2) of section 15 had been omitted; (iv) section 23 had been omitted.
GENERAL PROVISIONS 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.
COMMENTS
Brothers and sisters, when some of them are son of the same mother as that of the intestate
elder.
22. Preferential right 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. (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. (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.
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.
COMMENTS
Agricultural land is excluded from the expression "immovable property" as used in this section therefore the preferential right is confined only to the business and to the immovable property of the kind which does not include agricultural lands.-Jeewanram v. Lichmadevi AIR 1981 Raj 16. An application for fixing the consideration can not be maintained after the transfer is given effect, that is different thing that application is permitted to be converted into a suit.-Ghewari Wala Jain v. Hanuman Prasad AIR 1981 MP
- 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.
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 53
23. 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.
COMMENTS
Selling of half share by sole male heir is an indication of his desire to partition and there cannot operate any restriction on the female heirs.-Mooka Ammal v. Chitradeva Ammal 1980 HLR 353
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.
COMMENTS
Where on the date the succession opens, the widow is not remarried, she would succeed to the property. But the fact of her remarriage after the succession opens would not disentitle
