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(a) any child, legitimate or illegitimate,
both of whose parents are Hindu, Buddhists, Jainas or Sikh by
religion;
(b) any child, legitimate or illegitimate one of whose parents is
a Hindu, Buddhists, Jainas 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 re – convert 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. Definition and interpretation:- (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 matter for which provision is
made in this Act;
(c) “cognate”- one person 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 continyously and uniformly observed for a long time,
has obtained the force of law amongn Hindus in any lacal area,
tribe, community, group or 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 person 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;
(f) “heir” means any , 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 (Madras Act XXII of 1933);
the Travancore Nayar Act (II of 1100K); the Travancore Ezhava Act
(III of 1100K); the (VII of 1108K);Travancore Nanjinad Vellala Act
(IV of 1101K); the Travancore Kshatriya Act (VII of 1108K);The
Travancore Krishnanvaka Marumakkathayee Act (VII of 1115K); the
Cochin Marumakkathayam Act (XXXIII of 1113K); or the Cochin Nayar
Act (XXIX of 1113K); 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 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 (Madras Act XXI of 1933); the Cochin
Nambudri Act (XVII of 1113); or the Travancore Malayala Brahmin
Act with respect to the matter 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 mothers and to one another, and their legitimate
descendant 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.
Succession Act by virtue of section 16 of Hindu Marriage Act.
Proviso to section 3 (1) (j) is confined to those children who are
not clothed with legitimacy under section 16 of Hindu Marriage
Act, Rasala Surya Prakasarao V. Rasala Venkateswararao, AIR 1992
AP 234.
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 request
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.
CHAPTER II
INTESTATE SUCCESSION
General
5. Act not to apply to certain properties:- This Act shall
not apply to –
(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;
(ii) any estate which descends to a single heir by the terms of
any covenant or agreement entered in to 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 Kavilagam Estate and the Palace Fund
administered by the Palace Administration Board by reason of the
powers conferred by Proclamation (IX of 1124) dated 29th June,
1949, promulgated by the Maharaja of Cochin.
STATE AMENDMENT
(a) Kerala State has passed an Act for the partition of the
Valiamma Thampuran Kovilegam Estate and the Palace Fund: Kerala
Act 16 of 1961, sec.10.
6. Devolution of interest in coparcenary property:- (1) On
and from the commencement 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;
(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:
Provided that nothing contained in this sub – section shall affect
or invalidated any disposition or alienation including any
partition or testamentary disposition of property which had taken
place before the 20th day of December, 204.
(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
any thing contained in this Act or any other law for the time
being in force in, as property capable of being disposal of by her
by testamentary disposition.
(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 –
(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.
Explanation:- For the purpose 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.
(4) After the commencement of the Hindu Succession (Amendment)
Act, 2005, no court shall recognize 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:
Provided that in the case of any debt contracted before the
commencement of the Hindu Succession (Amendment) Act, 2005,
nothing contain 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.
Explanation:- For the purpose of clause (a), the expression “son”,
“grandson” or “great – grandson” shall be deemed to refer to the
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.
(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.
7. Devolution of interest in the property of a tarwad, tavazhi,
kutumba, kavaru or illom:- (1) When a Hindu to whom the
maruakkattayam 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 illom, 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 purpose 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 tarwad, 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, them 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 a 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 had 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 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 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 widow together) and the surviving sons
and daughters gets equal portion; and the branch of his
predeceased songs 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
protions.
11. Distribution of property among heirs in class II of the
schedure:- 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 heirs is entitled to be preferred to the
other under Rule 1 or Rule 2 they take simultaneously.
13. Computation of degrees:- (1) For the purposes 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, of by gift from any person,
whether a relative or not, before, at or after her marriages, or
by her own skill or exertion, or by purchase or by prescription,
or in any other manner whatsoever, and also 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 the 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 or 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 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.
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
intestates property among those heirs shall take place accordingly
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 included in the same entry shall take
simultaneously.
Rule 2. If any son ro daughter of the intestate had pre deceased
the instate 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) to 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
section 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, the 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 husband.”;
(iii) Clause (a) of sub – section (2) of section 15 had been
omitted;
(iv) section 23 had been omitted.
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 the
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 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 cases of simultaneous deaths:- Where two
persons have died in circumstances rendering it uncertain whether
either of them, and if so n 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, an 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,
devolves 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 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
limit 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.
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. Converter’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 or by her], in accordance
with the provisions of the Indian Succession Act, 1925 (39 of
1925), of 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 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 by her with
in the meaning of this [section].
31. Repeals:- [Rep. by the Repealing and Amending Act, 1960
(58 of 1960),sec.2 and Sch. 1.]
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