(Act No. 30 of 1956)
[17th June, 1956]
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 heir is entitled to be
preferred to the other under Rule 1 or Rule 2 they
take simultaneously.
13. Computation of degrees. – (1) For the
purpose 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.
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 or 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: -
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.
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, and
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 the death of an intestate
and who is subsequently born alive shall have 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 case 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 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
in 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 remarried.
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. Convert’s 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 subject.
CHAPTER III
TESTAMENTARY SUCCESSION
30. Testamentary 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.
Explanation. – The interest of a male Hindu in
a Mitakshara coparcenary property or the interest
of a member of a tarward, tavazhi, illom, kutumba
or kavaru in the property of the tarward, 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 section.
CHAPTER IV
REPEALS
31. Repeals.: Repealed by the Repealing and Amending
Act, 1960 (58 of 1960) Section 2 and First Schedule.
THE SCHEDULE
(See section 8)
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) Son’s daughter’s son, (2) son’s
daughter’s daughter, (3) brother, (4) Sister.
III. (1) Daughter’s son’s son, (2) daughter’s
son’ daughter, (3) daughter’s daughters’
son, (4) daughter’s daughter’s daughter.
IV. (1) Brother’s son, (2) sister’s son,
(3) brother’s daughter, (4) sister’s daughter.
V. Father’s father; father’s mother.
VI. Father’s widow; brother’s widow.
VII. Father’s brother; father’s sister.
VIII. Mother’s father; mother’s mother.
IX. Mother’s brother; mother’s sister.
Explanation. – In this Schedule, references to
a brother or sister do not include references to a
brother or sister by uterine blood.
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