Hindu Succession Act, 1956

Hindu Succession Act, 1956
An Act to amend and codify the law relating to intestate succession among Hindus.
Citation	Act 30 of 1956
Enacted by	Parliament of India
Date enacted	17 June 1956
Status: In force

The Hindu Succession Act, 1956 is an Act of the Parliament of India enacted to amend and codify the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs. The Act lays down a uniform and comprehensive system of inheritance and succession into one Act. The Hindu woman's limited estate is abolished by the Act. Any property possessed by a Hindu female is to be held by her absolute property and she is given full power to deal with it and dispose it of by will as she likes. Parts of this Act was amended in 2005 by the Hindu Succession (Amendment) Act, 2005.

This Act is applicable to the following:

Explanation as to who shall be considered as Hindus, Buddhists, Jains or Sikhs by religion has been provided in the section:

A person shall be treated as a Hindu under the Act though he may not be a Hindu by religion but is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section.

However it has been provided that not withstanding the religion of any person as mentioned above, the Act shall not apply to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution of India unless the Central Government, by notification in the Official Gazette, otherwise directs. Surajmani Stella Kujur Vs. Durga Charan Hansdah-SC

The property of a Hindu male dying intestate, or without a will, would be given first to heirs within Class I. If there are no heirs categorized as Class I, the property will be given to heirs within Class II. If there are no heirs in Class II, the property will be given to the deceased's agnates or relatives through male lineage. If there are no agnates or relatives through the male’s lineage, then the property is given to the cognates, or any relative through the lineage of males or females.

There are two classes of heirs that are delineated by the Act.

Class I heirs are sons,daughters, widows, mothers, sons of a pre-deceased son, widows of a pre-deceased son, son of a, pre-deceased sons of a predeceased son, and widows of a pre-deceased son of a predeceased son.

If there is more than one widow, multiple surviving sons or multiples of any of the other heirs listed above, each shall be granted one share of the deceased’s property. Also if 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 has remarried, she is not entitled to receive the inheritance.

Class II heirs are categorized as follows and are given the property of the deceased in the following order:

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