The Hindu Succession Act 1956 -
2005
Prof. Vijender Kumar
Professor of Law & Commonwealth Fellow
NALSAR University of Law, Hyderabad
vijenderkumar@yahoo.com
Intestate Succession
When a person dies without making a ‗will‘ or
if his ‗will‘ is found to be invalid, his property
devolves by the rules of intestate succession.
The law of intestate succession is properly
called the law of inheritance.
The terms ‗succession‘ and ‗inheritance‘ are
often used interchangeably, but there is a
distinction between the two.
Succession and Inheritance
When the property devolves on the relations of
a person on his death, it is called inheritance.
The term ‗succession‘ is wider and includes
devolution of property on the death of a person-
both on relations as well as non-relations.
Thus, the term ‗inheritance‘ can be applied
only to intestate succession, but the term
‗succession‘ applies to both testamentary and
intestate succession.
Intestate Succession
The law of intestate succession is concerned with
the question of determining as to among the
relations of the deceased who are his heirs, i.e.,
who are those relations who are entitled to take his
property, and what will be the share of each heir,
i.e., in what manner and in what proposition
property is to be distributed among the heirs.
Since the property cannot remain ownerless even
for a moment, immediately on the death of a
person (owner) it vests in the heirs.
Succession
Intestate Testamentary
(Sec.30 HSA)
Coparcenary Self Acquired
Property property
Capacity of Form of Subject of Legatee
Testator Will Will
Execution of
Doctrine of Application of Application of Will
Survivorship provisions of the Act, provisions of the Act,
(in case of 1956 1956
male members)
Abolished by
an Amendment
Act of 2005 Sec.6 Class – I
Male
Hindu Sec.8 Class – II
Descending order
– Agnates
Ascending order
– Cognates
Collateral
Female Sec.15
Hindu Sec.16
The Hindu Succession (Amendment) Act
2005 (Act No. 39 of 2005)
Devolution of interest in coparcenary property:
Section (6) 1-On and from the commencement
(September 9, 2005) of the Hindu Succession
(Amendment) Act 2005, in a Joint Hindu
family governed by the Mitakshara law, the
daughter of a coparcener shall-
(a) by birth become a coparcener in her own
right in the same manner as the son;
Devolution of interest in coparcenary
property
(b) have the same rights in the coparcenary
property as she would have had if she had
been a son;
(c) be subject to the same liabilities in
respect of the said coparcenary property
as that of a son,
and any reference to a Hindu Mitakshara
coparcener shall be deemed to include a
reference to a daughter of a coparcener.
Devolution of interest in coparcenary
property
Provided that nothing contained in this sub-
section shall affect or invalidate any disposition
or alienation including any partition or
testamentary disposition of property which had
taken place before the 20th day of December,
2004.
(20th day of December, 2004 is the date when the
Hon‘ble Union Law Minister, Mr. H. R. Bhardwaj,
introduced the original Bill before the Lok Sabha).
Devolution of interest in coparcenary
property
2. Any property to which a female Hindu
becomes entitled by virtue of sub-section (1)
shall be held by her with the incidents of
coparcenary ownership and shall be regarded,
notwithstanding anything contained in this
Act, or any other law for the time being in
force in, as property capable of being disposed
of by her by testamentary disposition.
Devolution of interest in coparcenary
property
3. Where a Hindu dies after the
commencement of the Hindu Succession
(Amendment) Act, 2005, his interest in the
property of a Joint Hindu family governed by
the Mitakshara law, shall devolve by
testamentary or intestate succession, as the
case may be, under this Act and not by
survivorship, and the coparcenary property
shall be deemed to have been divided as if a
partition had taken place and,-
Devolution of interest in coparcenary
property
(a) the daughter is allotted the same share as is allotted to a
son;
(b) the share of the pre-deceased son or a pre-deceased
daughter, as they would have got had they been alive at the
time of partition, shall be allotted to the surviving child of
such pre-deceased son or of such pre-deceased daughter; and
(c) the share of the pre-deceased child of a pre-deceased son
or of a pre-deceased daughter, as such child would have got
had he or she been alive at the time of the partition, shall be
allotted to the child of such pre-deceased child of the pre-
deceased son or a pre-deceased daughter, as the case may be.
Devolution of interest in coparcenary
property
Explanation: For the purposes of this sub-
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.
Devolution of interest in coparcenary
property
4. After the commencement of the Hindu
Succession (Amendment) Act, 2005 no court
shall recognise any right to proceed against a
son, grandson or great-grandson for the
recovery of any debt due from his father,
grandfather or great-grandfather solely on the
ground of the pious obligation under the Hindu
law, of such son, grandson or great-grandson
to discharge any such debt.
Devolution of interest in coparcenary
property
Provided that in the case of any debt contracted before
the commencement of the Hindu Succession
(Amendment) Act 2005, nothing contained in this sub-
section shall affect-
(a) the right of any creditor to proceed against the son,
grandson or great-grandson, as the case may be; or
(b) any alienation made in respect of or in satisfaction
of, any such debt, and any such right or alienation shall
be enforceable under the rule of pious obligation in the
same manner and to the same extent as it would have
been enforceable as if the Hindu Succession
(Amendment) Act 2005 had not been enacted.
Devolution of interest in coparcenary
property
Explanation: For the purposes of clause (a),
the expression ―son‖, ―grandson‖, ―great-
grandson‖ shall be deemed to refer to as son,
grandson or great-grandson, as the case may be,
who was born or adopted prior to the
commencement of the Hindu Succession
(Amendment) Act 2005.
Devolution of interest in coparcenary
property
5. Nothing contained in this section shall apply
to a partition, which has been effected before
the 20th day of December, 2004.
Explanation: For the purposes of this section
―partition‖ means any partition made by
execution of a deed of partition duly registered
under the Registration Act 1908 (16 of 1908)
or partition effected by a decree of a Court.
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.
The Schedule - (See Section 8):
Principal Act 1956
Heirs in 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 - I Heirs
Mother
P widow
Son’s widow
Son Son’s Daughter Daughter’s
Son Daughter Son’s widow
Son Daughter
Son Daughter
New addition to Class-I of the Schedule of
the Principal Act 1956
son of a pre-deceased daughter of a pre-deceased
daughter;
daughter of a pre-deceased daughter of a pre-
deceased daughter;
daughter of a pre-deceased son of a pre-deceased
daughter;
daughter of a pre-deceased daughter of a pre-
deceased son.
Class - I Heirs
Mother
widow
P
Son Son‘s widow Son Daughter Daughter Daughter Daughter Son
Son’s widow Daughter Son Daughter
Son Daughter
Son Daughter Daughter
Daughter
Son Daughter Son Daughter
Orders of Succession among heirs in the
Schedule
Section 9 - 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.
Distribution of property among heirs in
Class-I of the Schedule
Section 10 - 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.
Distribution of property among heirs in
Class-I of the Schedule
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 gets equal portions; and the branch of
his predeceased sons gets the same portion;
(ii) among the heirs in the branch of pre-deceased
daughter shall be so made that the surviving sons
and daughters get equal portions.
Distribution of property among heirs in
Class-II of the Schedule
Section 11 - 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.
Order of Succession among Agnates and
Cognates
Section 12 - 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.
Order of Succession among Agnates and
Cognates
Rule 2 - Where the number of degrees of ascent is
the same or none, that heir is preferred who has
fewer or no degree of descent.
Rule 3 - Where neither heir is entitled to be
preferred to the other under Rule 1 or Rule 2
they take simultaneously.
Computation of degrees
Section 13 - (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.
General Provisions Relating to Succession
Section 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.
General Provisions Relating to Succession
Section 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.
General Provisions Relating to Succession
Section 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 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.
General Provisions Relating to Succession
Section 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.
General Provisions Relating to Succession
Section 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 purposes 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.
General Provisions Relating to Succession
(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.
General Provisions Relating to Succession
(3) If there are two or more heirs specified in
Class-I of the Schedule proposing to acquire any
interest under this section, that heirs 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.
General Provisions Relating to Succession
Section 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.
Vallikannu v. Singaperumal AIR 2005 SC 2587
(Murderer disqualified)
General Provisions Relating to Succession
Section 26-Convert's descendants disqualified-
Where, before or after the commencement of this
Act, a Hindu has ceased or ceases to be 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.
General Provisions Relating to Succession
Section 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.
General Provisions Relating to Succession
Section 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
Section 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
Section 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 or by
her, 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.
Chapter-III, Testamentary Succession
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 Section.
Chapter – IV, Repeals
Section 31 - Repeals - [Repealed by Repealing
and Amending Act, 1960 (58 of 1960)].
