The Hindu Succession Act, 1956

{
    "id": 11938,
    "slug": "hindu-succession-act-1956",
    "title": "The Hindu Succession Act, 1956",
    "short_title": "The Hindu Succession Act, 1956",
    "act_number": "(30 of 1956)",
    "act_year": 1956,
    "act_type": "CENTRAL",
    "location": "India (Central)",
    "law_status": "unknown",
    "enactment_date": "2026-06-17",
    "description": "The Hindu Succession Act, 1956",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title and extent",
            "chapter": null,
            "content": "FACT SHEET ▼\nObject & Reasons▼\nStatement of Objects and Reasons.\nAmendment Act 39 of 2005-Statement of Objects and Reasons.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Application of Act",
            "chapter": null,
            "content": "(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,\n(b) to any person who is a Buddhist, Jaina or Sikh by religion, and\n(c) to any other person who is not a Muslim, Christian, Parsi or Jew by religion, \n\nunless 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.\nExplanation\n(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;\n(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;\n(c) any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Definitions and interpretations",
            "chapter": null,
            "content": "(a) agnateone person is said to be an agnate of another if the two are related by blood or adoption wholly through males;\n(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;\n(c) cognateone person is said to be a cognate of another if the two are related by blood or adoption but not wholly through males;\n(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:\n(e) full blood, half blood and uterine blood\n(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;\n(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 husband.\nExplanation\n(f) heir means any person, male or female, who is entitled to succeed to the property of an intestate under this Act;\n(g) intestatea 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;\n(h) marumakkattayam law means the system of law applicable to persons\n(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 Marumakkattayam Act; or the Cochin Nayar Act, with respect to the matters for which provision is made in this Act; or\n(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 the provision is made in this Act by any system of inheritance in which descent is traced through the female line;\n(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;\n(j)\nrelated means related by legitimate kinship:",
            "footnote": "",
            "is_definition": true,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Overriding effect of Act",
            "chapter": null,
            "content": "(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;\n(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.\nOLD LAW ▼\nChapter II\nIntestate Succession\nGeneral",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Act not to apply to certain properties",
            "chapter": null,
            "content": "(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;\n(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;\n[(iii) the Valiamma Thampuran Kovilagam Estate and the Palace Fund administered by the Palace Administration Board by reason of the powers conferred by Proclamation (9 of 1124), dated 29th June, 1949, promulgated by the Maharaja of Cochin.]\n[6. Devolution of interest in coparcenary property\n(a) by birth become a coparcener in her own right in the same manner as the son;\n(b) have the same rights in the coparcenary property as she would have had if she had been a son;\n(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:\n(a) the daughter is allotted the same share as is allotted to a son;\n(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\n(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.\nExplanation.\n(a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case may be; or\n(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.\nExplanation.\nExplanation.\nOLD LAW ▼",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Devolution of interest in coparcenary property.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Devolution of interest in the property of a tarwad , tavazhi , kutumba , kavaru or illom",
            "chapter": null,
            "content": "Explanation\nExplanation\nExplanation",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. General rules of succession in the case of males",
            "chapter": null,
            "content": "(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;\n(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;\n(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased;\nand\n(d) lastly, if there is no agnate, then upon the cognates of the deceased.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Order of succession among heirs in the Schedule",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Distribution of property among heirs in class I of the Schedule",
            "chapter": null,
            "content": "(i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widow together) and the surviving sons and daughters get equal portions;\nand the branch of his pre-deceased sons gets the same portion;\n(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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Distribution of property among heirs in class II of the Schedule",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Order of succession among agnates and cognates",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Computation of degrees",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Property of a female Hindu to be her absolute property",
            "chapter": null,
            "content": "Explanation",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. General rules of succession in the case of female Hindus",
            "chapter": null,
            "content": "(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;\n(b) secondly, upon the heirs of the husband;\n(c) thirdly, upon the mother and father;\n(d) fourthly, upon the heirs of the father; and\n(e) lastly, upon the heirs of the mother.\n(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\n(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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Order of succession and manner of distribution among heirs of a female Hindu",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Special provisions respecting persons governed by marumakkattayam and aliyasantana laws",
            "chapter": null,
            "content": "(i) for sub-clauses (c) and (d) of section 8, the following had been substituted, namely:\n(c) thirdly, if there is no heir of any of the two classes, then upon his relatives, whether agnates or cognates;\n(ii) for clauses (a) to (e) of sub-section (1) of section 15, the following had been substituted, namely:\n(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the mother;\n(b) secondly, upon the father and the husband;\n(c) thirdly, upon the heirs of the mother;\n(d) fourthly, upon the heirs of the father; and\n(e) lastly, upon the heirs of the husband;\n(iii) clause (a) of sub-section (2) of section 15\nhad been omitted;\n(iv)\nsection 23 had been omitted.\nGeneral provisions relating to succession",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Full blood preferred to half blood",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Mode of succession of two or more heirs",
            "chapter": null,
            "content": "(a) save as otherwise expressly provided in this Act, per capita and not per stripes; and\n(b) as tenants-in-common and not as joint tenants.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Right of child in womb",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Presumption in cases of simultaneous deaths",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Preferential right to acquire property in certain cases",
            "chapter": null,
            "content": "Explanation",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Special provision respecting dwelling-houses",
            "chapter": null,
            "content": "OLD LAW ▼",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "23",
            "title": "23. Special provision respecting dwelling-houses. –",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "24",
            "title": "24. Certain widows remarrying may not inherit as widows",
            "chapter": null,
            "content": "OLD LAW ▼\n24.Certain widows remarrying may not inherit as widows.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "25",
            "title": "25. Murderer disqualified",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "26",
            "title": "26. Converts descendants disqualified",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "27",
            "title": "27. Succession when heir disqualified",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "28",
            "title": "28. Disease, defect, etc., not to disqualify",
            "chapter": null,
            "content": "Escheat",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "29",
            "title": "29. Failure of heirs",
            "chapter": null,
            "content": "Chapter III\nTestamentary Succession",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "30",
            "title": "30. Testamentary succession",
            "chapter": null,
            "content": "Explanation\nChapter IV\nRepeals",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "31",
            "title": "31. Repeals",
            "chapter": null,
            "content": "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;\ndaughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son [son of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased daughter;\ndaughter of a pre-deceased son of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased son] . Class II I. Father. II. (1) Sons daughters son, (2) sons daughters daughter, (3) brother, (4) sister.\nThe Schedule\n(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;\ndaughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son [son of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased daughter;\ndaughter of a pre-deceased son of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased son] . Class II I. Father.\n(See section 8)\nHeirs 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;\ndaughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son [son of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased daughter;\ndaughter of a pre-deceased son of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased son] .\nHeirs in Class I and Class II\nClass I\nClass\nClass II\nClass\nExplanation",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        }
    ],
    "metadata": {
        "Act ID": "039 [17th June, 1956];",
        "Act Number": "(30 of 1956)",
        "Enactment Date": "17th June, 1956",
        "Act Year": "1956",
        "Short Title": "The Hindu Succession Act, 1956",
        "Type": "CENTRAL",
        "Location": "India (Central)"
    },
    "updated_at": "2026-09-29 21:51:52"
}