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THE HINDU SUCCESSION ACT, 1956 ACT NO. 30 OF 19561 [17th June, 1956.] An Act to amend and codify the law relating to intestate succession among Hindus. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:― CHAPTER I PRELIMINARY 1. Short title and extent.―(1) This Act may be called the Hindu Succession Act, 1956.
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Order of succession and manner of distribution among heirs of a female Hindu. Section 17. Special provisions respecting persons governed by marumakkattayam and aliyasantana laws.
- Introduction
- Applicability
- Basic Terms and Definitions
- Which Properties Does This Act Not Apply to
- Features of The Act
- Devolution of Interest in Coparcenary Property
- Types of Succession
- Rules For Ownership in The Case of Males
- Persons Disqualified from Heirs
- Changes Brought by Succession Act 1956
The Hindu Succession Act, 1956is an Act relating to the succession and inheritance of property. This Act lays down a comprehensive and uniform system that incorporates both succession and inheritance. This Act also deals with intestate or unwilled (testamentary) succession. Therefore, this Act combines all the aspects of Hindu succession and brings...
Section 2of this Act lays down the applicability of this Act. This Act is applicable to: 1. Any person who is Hindu by religion or any of its forms or developments, including a Virashaiva, Lingayat, or a Brahmo, Prarthna or Arya Samaj follower. 2. Any person who is a Buddhist, Sikh, or Jain by religion. 3. Any other person who is not a Muslim, Chri...
Agnate
Section 3(1)(a)defines ‘agnate’. A person is said to be an agnate of another if the two are related by blood or adoption wholly through males.
Cognate
Section 3(1)(c)defines a person to be a ‘cognate’ of another if such a person is related to the other by blood or through adoption but not wholly through males.
Heir
According to Section 3(1)(f), ‘heir’ is any male or female person, who is entitled to receive the property of the intestate.
Section 5lays down the properties that this Act does not apply to: 1. Any property whose succession comes under the regulation of the Indian Succession Act, 1925 by reasons of the provision under Section 21 of the Special Marriage Act, 1954. Section 21 of the Special Marriage Act states that succession to the property of any person whose marriage i...
The importance of the Act lies in the fact that it provides uniform rules for succession and reduces the conflict that arose due to confusion over different rules based on the ideas of two schools. Other features of the Act are: 1. It makes a uniform system of inheritance and devolution of property that is equally applicable to areas of Mitakshara ...
Coparcenary is a concept that consists of those people in a Hindu joint family who inherit or have a common legal right to their ancestral property. Such people are called coparceners. These are the descendants of a common ancestor, and they acquire their right to joint property by birth. The Act also provides for the devolution of interest in copa...
Testamentary Succession
When the succession of the property is governed by a testament or a will, then it is referred to as testamentary succession. Under Hindu law, a Hindu male or female can make the will for the property, including that of a share in the undivided Mitakshara coparcenary property, in favour of anyone. This should be valid and legally enforceable. The distribution will be under the provisions of the will and not through the laws of inheritance. Where the will is not valid, or not legally enforceabl...
Intestate Succession
Intestate has already been defined above as someone who dies leaving behind no will or testament. When such a situation happens, then this property will be distributed among the legal heirs by following the laws of inheritance.
Section 8lays down the general rules for succession in the case of males. Section 8 applies in cases where succession opens after the commencement of the Act. It is not necessary that the death of the male Hindu, whose property has to be devolved by inheritance, should take place after the commencement of this Act. For example: if a father, during ...
The Act abolished all disqualifications on the basis of physical deformities, mental capabilities, or morals and instead gave a new set of disqualifications. Prior to the amendment of 2005, remarriage was a ground of disqualification for: 1. Intestate’s predeceased son’s widow, 2. Widow of predeceased son of a predeceased son, 3. Widow of a brother...
The Act has brought some major changes in the rules of succession of the property. One of those is the manner of devolution of property. It has provided a uniform system of devolution of a coparcenary property and self-acquired or separate property. The other changes are discussed below.
The Hindu Succession Act, 1956 is an Act of the Parliament of India enacted to amend, codify and secularize the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs.
Oct 20, 2023 · The Hindu Succession Act of 1956 provided equal rights to male and female heirs in succession and inheritance, while subsequent amendments expanded the rights of women, daughters and other disadvantaged sections.
Oct 27, 2023 · The Hindu Succession Act of 1956 lays down a uniform and comprehensive system for the entire country regarding inheritance and succession. Applicable to Hindus, Jains, Buddhists, and Sikhs, this act also sets the guidelines for unwilled or intestate succession.
Apr 7, 2024 · Introduction to the Hindu Succession Act 1956. Chapter I & ndash Preliminary. 1. Short title and extent.- 2. Application of Act.- 3. Definitions and interpretations.- 4. Over-riding effect of Act.- Chapter II & ndash Intestate Succession. 5. Act not to apply to certain properties.- 6. Devolution of interest of coparcenary property.- 7.
