[Act No. 30 of Year 1956, dated 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
(2)
It extends to the 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 a
follower of the Brahmo, Prarthana or Arya Samaj;
(b) to any person who
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.
Explanation : The
following persons are Hindus, Buddhists, Jainas or Sikhs by
religion, as the case may be:-
(a) any child, legitimate or
illegitimate, both 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;
(c) any person who is a 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.
(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.
3. Definitions and
interpretations
(1) In this Act, unless the context otherwise
requires-
(a) "agnate" - one person is said to be an "agnate" of
another if the two are 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
the 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 Act; 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 lst 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;
(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.
(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.
CHAPTER II: INTESTATE SUCCESSION
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 provisions 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.
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 a 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 a 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.
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 marumakkattayam 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 the 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.
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.
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 the two classes,
then upon the agnates of the deceased; and
(d) lastly, if there 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.
10 Distribution of 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:
Rule 1-The intestates 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.
Rule 3-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.
Rule 4-The distribution
of the share referred to in Rule 3-
(i) among the heirs in the branch
of the pre-deceased son shall be so made that his widow (or widows
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.
11. Distribution of 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.
12. Order of succession 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:
Rule 1- Of two heirs, the 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.
Rule 3- Where neither heirs is
entitled to be preferred to the other under 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 of ascent or degrees of
descent or both, as the case may be.
(2) 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.
Comment: The case of the
widow who had temporarily lost the right in the property by virtue
of the transfer in favour of the alienee or the donee cannot be
equated with that of a stranger by forgetting the realities of the
situation. Surely, the act was intended to benefit her. And when the
widow becomes possessed of the property, having regained precisely
that interest which she had temporarily lost during the duration of
the eclipse, Section 14(l) would come to her rescue which would not
be the matter in the case of a stranger who cannot invoke Section
14(1). Jagannathan Pillai v. Kunjithapadam Pillai, AIR 1987 SUPREME
COURT 1493
15. General rules of succession in the case of female
Hindus
(1) The property of a 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 pre-deceased son
or daughter) and the husband;
(b) secondly, upon the heirs of
the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the
heirs of the father; and
(e) lastly, upon the heirs of the
mother.
(2) Notwithstanding 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
(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.
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 intestates 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 intestates 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 intestates 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 fathers or
the mothers or the husbands as the case may be, and such person
had died intestate in respect thereof immediately after the
intestates death.
17. Special provisions respecting
persons governed by Marumakkattayam and Aliyasantana
laws
The
provisions of sections 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 classes, then upon his 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 pre-deceased 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.
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-
(a) save as otherwise expressly provided in this Act, per
capita and not per stripes; and
(b) as tenants-in-common and not
as joint tenants.
20. Right of child in 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.
21. Presumption in 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.
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 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.
(3) 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.
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.
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 pre-deceased 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.
26. Converts descendants disqualified
Where, before or after
the commencement of this Act, a Hindu has ceased or ceases to be a
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
If any person is
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
No person shall be
disqualified from succeeding to any property on the ground of any
disease, defect or deformity, or save as provided in this Act, on
any other ground whatsoever.
ESCHEAT
29. Failure of
heirs
If
an intestate has left no heir qualified to succeed to his or her
property in accordance with the provisions of this Act, such
property shall devolve on the government; and the government shall
take the property subject to all the obligations and liabilities to
which an heir would have been subjected.
Chapter III: TESTAMENTARY SUCCESSION
30. Testamentary
succession
2[* * *] 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.
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
3[section.]
4[* * *]
CHAPTER IV: REPEAL
HEIRS IN CLASS I AND CLASS II
CLASS 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 pre-deceased
son; widow of a pre-deceased son of a pre-deceased
son.
CLASS II
I.
Father.
II. (1) Sons daughters son, (2) sons daughters daughter,
(3) brother, (4) sister.
III. (1) Daughters sons son,
(2) daughters sons daughter, (3) daughters daughters son, (4)
daughters daughters daughter.
IV. (1) Brothers son, (2)
sisters son, (3) brothers daughter, (4) sisters
daughter.
V. Fathers father; fathers mother.
VI.. Fathers widow; brothers
widow.
VII. Fathers brother; fathers sister.
VIII. Mothers father;
mothers mother.
IX. Mothers brother; mothers sister.
Explanation : In this
Schedule, references to a brother or sister do not include
references to a brother or sister by uterine
blood.