(Act No. 30 of 1956)
[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
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, Prar-thana
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 reconvert 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 expression “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/family:
Provided that the rule is certain and not unreasonable
or opposed to public policy : and
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 are 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 Marumakkathayee
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 as it existed immediately before the 1st
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 importing the masculine gender shall not be
taken to include females.
4. Over-riding 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
in so far 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 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
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 1. – 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 maumakkattayam 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 illiom, 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 nambudri 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 tarward, 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 the 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 a 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 has 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 intestate’s 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 pre-deceased 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.
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