Hindu Law: Hindu Succession Act 1956 (with 2005 amendments)

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• published: 10 Aug 2014
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(in Hindi) (in Hindi) (in Hindi) (in Hindi) (in Hindi) (in Hindi) CHAPTER II: INTESTATE SUCCESSION GENERAL S. 6. (amended 2005) Devolution of interest in coparcenary property.- (1) In a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,- (a) be coparcener (by birth) same as son; Partition before 20th day of December, 2004, stand. partition duly registered under the Registration Act, 1908’. (3) Joint Hindu family property under Mitakshara law, shall devolve by testamentary or intestate succession, and not by survivorship. (a) the daughter is allotted the same share as is allotted to a son; (b) the share of the pre-deceased coparcenar, shall be allotted to his (her) surviving child (or grand-child); and (4) no court shall recognise pious obligation of son against debt of his father (or grandfather)t: 7. Devolution of interest in the property of a tarwad, tavazhi, kutumba, kavaru or illom 8.General rules of succession in the case of males intestate succession: (a) Only to Class 1 heirs (if any); specified in schedule; (b) Else, if no alive class 1 heir, then relatives specified in class II (Schedule); (c) Else, if there is no heir of classes I or II, 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 Class of heirs: 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: 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) widow and the surviving children get equal portions; same in branches of pre-deceased child (son or daughter). 11. Distribution of property among heirs in class II of the Schedule They share equally. 12. Order of succession among agnates and cognates 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 they share equally. 13. Computation of degrees (3) Every generation constitutes a degree either ascending or descending. 14. Property of a female Hindu to be her absolute property any such property held by her as stridhana immediately before the commencement of this Act. 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) For property inherited by a female Hindu (a) from her father or mother shall devolve, in the absence of any son or daughter of the deceased; 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; upon the heirs of the husband. 16. Order of succession and manner of distribution among heirs of a female Hindu Rule 1- 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- the children of predeceased child of intestate shall take between them the share which such child would have taken if living at the intestate’s death. GENERAL PROVISIONS RELATING TO SUCCESSION 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; 20. Right of child in womb 25. Murderer disqualified 26. Convert’s descendants disqualified 28. Disease, defect, etc. not to disqualify ESCHEAT 29. Failure of heirs 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 or her. THE SCHEDULE HEIRS IN CLASS I AND CLASS II