Hindu Succession Act of 1956

Edited By Ritika Jonwal | Updated on Jul 02, 2025 05:37 PM IST

Property succession and inheritance are covered under the Hindu Succession Act, of 1956 in Family Law. This Act establishes a standard and all-encompassing structure that considers inheritance and succession. Intestate or unwilled (testamentary) succession is another topic this Act covers. As a result, this Act incorporates and encompasses all facets of Hindu succession.

This Story also Contains

What is Succession?
The Origins and Development of Hindu Succession Law
Fundamentals of Hindu Succession
Applicability of The Hindu Succession Act
Which properties are excluded from the Act?
Features of the Hindu Succession Act
Important Sections Related to the Hindu Succession Act
Coparcenary Property Devolution
Types of succession
Case Laws
Vineeta Sharma vs. Rakesh Sharma 2020
Conclusion

This article will go into additional detail on the application, definitions, and basic words related to succession in the context of both males and females. Numerous revisions have been made to the Act, most notably the historic Succession (Amendment) Act of 2005, which eliminated a discriminatory clause regarding property inheritance and brought about major improvements in gender equality. This page covers the background of the Hindu succession Act throughout history, the fundamentals of Hindu law on succession, and the latest changes and exclusions from Hindu succession law.

What is Succession?

Succession is the transfer of ownership rights from one individual to another. When someone passes away without leaving a will, the Hindu Succession Act addresses who the true owner of the property is. When a tree falls in a forest, for instance, sunlight may once more reach the forest floor, enabling the onset of new growth.

The Origins and Development of Hindu Succession Law

The intricate History of Hindu Succession Laws in India dates back to a period when patrilineal succession was the norm in traditional culture.
Inheritance traditions and religious texts have shaped inheritance practices over time.
The Hindu Wills Act of 1870 and the Hindu Disposition of Property Act of 1916 were two pieces of legislation that marked the beginning of the codification and modernisation of Hindu Succession Laws during the British Colonial period.
Following India's 1947 declaration of independence, the government realised the need for gender and social equality and put reforms into place.
Equal rights for male and female heirs in succession and inheritance were granted by the Hindu Succession Act of 1956, and further revisions increased the rights of daughters, women, and other marginalised groups.
Gender-based discrimination was eliminated by the Hindu Succession (Amendment) Act of 2005, which gave daughters the same rights as boys who are patrilineal.
Hindu succession rules have evolved to reflect a progressive movement within traditional Hindu inheritance customs towards individual rights and gender equality.

Fundamentals of Hindu Succession

Hindu personal law regulations primarily stem from two educational institutions often referred to as Mitakshara School and Dayabhaga School. These are:

Mitakshara school

The majority of India adheres to the Mitakshara school, which was founded on Vijnanesvara's seminal legal treatise "Mitakshara." It recognises the concept of coparcenary, which characterises the male members of a Hindu Undivided Family's (HUF) joint property ownership. The Mitakshara school holds that male heirs acquire ancestral property by birthright, making them coparceners. The property is passed down through the generations without being split, with the male coparceners sharing it equally. This school values the joint family system, in which many generations cohabit and jointly possess property.

The Mitakshara School distinguishes between two types of property devolution. These are the following:

Devolution via Survivorship
Devolution of Succession

Dayabhaga school

Jimutavahana, a scholar, developed the Dayabhaga school, which has its primary concentrations in West Bengal and certain parts of Assam. Unlike the Mitakshara school, the Dayabhaga school does not accept coparceners. Instead, the focus is on familial ties to determine individual ownership and succession. The Dayabhaga school holds that male ancestors do not share ownership and that both male and female descendants are eligible to inherit property. This organisation supports a more individualistic understanding of succession and property rights.

Applicability of The Hindu Succession Act

The application of this Act is outlined in Section 2. This Act covers the following situations:

Any individual who identifies as Hindu, regardless of their religious background, including followers of the Brahmo, Prarthna, Arya Samaj, or Virashaiva schools of thought.
someone who practices Buddhism, Sikhism, or Jainism as a religion.
Any other individual who does not identify as a Jew, Muslim, Christian, or Parsi, unless it can be demonstrated that they would not be subject to Hindu law or tradition.
The entirety of India will be covered by this Act as well.

However, unless otherwise instructed by the Central Government by publication in the Official Gazette, this Section shall not apply to any Scheduled Tribes covered under the provisions of Article 366 of the Indian Constitution.

Which properties are excluded from the Act?

The properties to which this Act does not apply are listed in Section 5:

Any property whose succession, according to the provisions under Section 21 of the Special Marriage Act, 1954, falls under the jurisdiction of the Indian Succession Act, 1925. According to Section 21 of the Special Marriage Act, the Special Marriage Act will control the succession to any person whose marriage is consummated under this Act as well as the property of the marriage's offspring.

Any estate or property that passes to the only heir under the provisions of a covenant or agreement made between the government and the ruler of an Indian state, or through any law created and approved before the effective date of this Act.

The Palace Administration Board is in charge of overseeing the Valliamma Thampuran Kovilagam Estate and the Palace Fund because of the authority granted by the Maharaja of Cochin's Proclamation (IX of 1124), dated June 29, 1949.

Features of the Hindu Succession Act

The division of property among Hindus in India, including Buddhists, Jains, and Sikhs, is governed by the Hindu Succession Act, which was passed in 1956. The Hindu Succession Act has the following salient characteristics:

Applicability: Sikhs, Jains, Buddhists, and Hindus are all covered by the Act. Muslims, Christians, Parsis, and Jews are subject to their laws and are not covered by this one.

Intestate Succession: The Act mainly addresses the allocation of property in cases where a Hindu passes away without leaving a will. It establishes guidelines concerning who and how much of the property is inherited.

Coparcenary Property: Gender discrimination in inheritance concerns has been eliminated via amendments made to the Act throughout time. For coparcenary property, girls now have the same rights as males according to the 2005 amendment. Only male heirs had rights to coparcenary property before this change.

Class I Heirs: In the event of an intestate Hindu male's death, his property passes first to his Class I heirs. These are the mother, the widow, and the kids, both boys and girls. The property only transfers to Class II heirs if any of these are deceased.

Class II Heirs: If there are no Class I heirs, Class II heirs will inherit the property. Father, siblings (brothers and sisters), and their offspring are among them.

Complete Inheritance Rights for Daughters: The 2005 amendment guarantees girls the same rights as sons about the father's assets, including coparcenary and ancestral properties.

Right to Dispose of Property: A Hindu is entitled to use a will to distribute their possessions. The amount of ancestral property that can be disposed of is limited, nevertheless.

2005 Amendment: Ensuring equal inheritance rights for daughters and eliminating gender inequities were the main goals of the 2005 amendment. This amendment gave females the right to share ancestral property equally with sons and made them coparceners by birth.

Exclusions: Certain categories of property, such as land used for agriculture in some states where state rules apply, and property owned by a joint tenancy or tenancy in common, are not covered by the Act.

Application and Interpretation: To address particular circumstances and guarantee an equal distribution of property, courts have given the Act a variety of interpretations.

Important Sections Related to the Hindu Succession Act

The norms and regulations about inheritance among Hindus are outlined in numerous significant parts of the Hindu Succession Act, of 1956. These are a few of the important sections:

Section 2

Section 2 of the Act provides a detailed explanation of its applicability. It does not, however, apply to those who are covered by the 1954 Special Marriage Act. By their faith, Buddhists, Jains, and Sikhs are also covered by the Act. Under the Act, these groups are regarded as Hindus.

Section 4

The Hindu Succession Act, of 1956, states in Section 4 that its provisions take precedence over any previous legislation, practice, or custom about Hindu succession. It requires that any text, regulation, or interpretation of Hindu law that conflicts with the Act's requirements be superseded. It mainly deals with the overriding effect of the Act over other laws.

Section 18

Hindu males who pass away intestate—that is, without leaving a valid will—are subject to the laws of succession outlined in Section 18 of the Hindu Succession Act, 1956. It particularly relates to the property succession of a male Hindu who has not made a will nor whose will is void or ineffectual.

Section 19

The provisions of Section 18 of the Hindu Succession Act, 1956, regulating the succession to the property of an intestate Hindu female, are expanded and complemented by Section 19. According to Section 19 of the Act, the heirs of a Hindu woman who passes away intestate would inherit her property in line with the guidelines outlined in Section 18.

Section 20

The Hindu Succession Act, 1956's Section 20 addresses the succession plan for some female heirs. The situation where a Hindu woman passes away intestate (without a will) is covered in Section 20. It lists her heirs and the sequence in which they are eligible to inherit her property.

Coparcenary Property Devolution

The term "Coparcenary" refers to members of a Hindu joint family who have a shared legal title to their ancestral property or who inherit it. They are referred to as coparceners. As the offspring of a shared ancestor, these individuals are born with the right to jointly owned property. The Hindu Succession (Amendment) Act, 2005 has altered the situation regarding coparcenary property, and the Act also allows for the devolution of interest in coparcenary property.

Types of succession

The process by which a deceased person's assets, liabilities, and rights are passed on to others is referred to as succession. Legally speaking, succession may be divided into several categories according to many factors. The two primary forms of succession are as follows:

Intestate Succession

A person passes away without leaving a legally binding will, leading to intestate succession. In these situations, the appropriate intestate succession rules in the relevant jurisdiction control how the decedent's estate—including their property, assets, and liabilities—is divided. An order of precedence among possible heirs, such as spouses, children, parents, siblings, etc., is usually prescribed by these laws.

Testamentary Succession

Testimonial succession is the term used to describe the transfer of property that is regulated by a will or testament. A Hindu man or woman may make a will in anyone's name regarding property, even a portion of the undivided Mitakshara coparcenary property. This ought to be legitimate and enforceable by law. Instead of using the laws of inheritance, the distribution will take place in accordance with the terms of the will. Property may pass under the law of inheritance in cases when the will is invalid or not legally binding.

Case Laws

Prakash vs. Phulavati 2016

Fact about the Case: The Supreme Court of India rendered a major ruling in the 2016 case of Prakash v. Phulavati, which concerned the interpretation of the Hindu Succession (Amendment) Act, 2005, with a focus on the rights of daughters in ancestral property. In Hinduism, females did not have the same rights as sons regarding ancestral property before the 2005 amendment. The goal of the amendment was to equalise daughters' rights to ancestral property to address this inequality.

Judgement of the Case: The Supreme Court's ruling in this case concerned the retroactive implementation of the Hindu Succession (Amendment) Act, of 2005. The Court determined that the amendment granting daughters equal rights in coparcenary property would still apply to the father even if he had passed away before the amendment went into force. This ruling made it very evident that daughters were entitled to inherit property on an equal basis.

Vineeta Sharma vs. Rakesh Sharma 2020

Fact about the Case: Another significant ruling by the Indian Supreme Court on the interpretation of the Hindu Succession (Amendment) Act, 2005, specifically about daughters' rights to ancestral property, is the case of Vineeta Sharma v. Rakesh Sharma (2020). In Hinduism, females did not have the same rights as sons regarding ancestral property before the 2005 amendment. The amendment gave daughters equal rights to ancestral property to address this inequality.

Judgement of the Case: The Succession (Amendment) Act, 2005 should be read in accordance with the ruling in this case. The court determined that girls had a birthright to coparcenary property regardless of the father's health at the time of the amendment. It was also determined that the change takes effect immediately and trumps all prior decisions, conventions, and practices. In this particular instance, daughters' equal rights to inherited property were upheld.

Conclusion

In summary, this legislation establishes a standard list of heirs eligible to succeed and was designed to eliminate disparities in property rights between men and women. Hindus' inheritance of property has become more uniform as a result of the Act. Bypassing the 2005 amendment, it attempted to close all of the gaps that were present. Regarding the individuals to whom this legislation does not apply, there is uncertainty.

Frequently Asked Questions (FAQs)

1. What guidelines does the Hindu Succession Act contain?

Hindus can inherit property according to the Hindu Succession Act, which also establishes guidelines for succession rights, testamentary affairs including wills and intestate succession, and property allocation.

2. Who under the Hindu Succession Act is the legitimate heir?

There are two categories of persons who have different succession rights to a property. Sons, daughters, mothers, widows, and grandchildren are among the class I heirs who have the first claim to inherited property. The father's sister, brother, or any grandchildren if there are no class I heirs are the class II heirs.

3. What are the Hindu Succession Amendment Act of 2005 and the Hindu Succession Act of 1956?

The Hindu Succession Act, of 1956 established guidelines for property distribution and governed inheritance and succession among Hindus. Gender equality was introduced by the Hindu Succession Amendment Act, of 2005, which gave daughters equal coparcenary rights in ancestral property.

4. Who is the rightful successor to the father's assets?

The husband and children are Class 1 heirs under the legislation. On October 18, 2023, the Karnataka High Court did, however, rule that a predeceased son's mother would likewise be regarded as a Class 1 heir.

5. After 12 years, may a legitimate heir make a claim?

For a period of twelve years, one may assert their claims on ancestral property. On the other hand, if there is a solid basis to delay the claim, the court can accept and address your motion.

6. Who does the Hindu Succession Act of 1956 apply to?

The Act applies to Hindus, Buddhists, Jains, and Sikhs. It also applies to any person who is not a Muslim, Christian, Parsi, or Jew by religion, unless it is proved that they would not have been governed by Hindu law prior to the Act.

7. Can a Hindu convert to another religion and still be governed by this Act?

Generally, if a Hindu converts to another religion, they cease to be governed by Hindu law. However, their children and descendants may still be considered Hindu for the purpose of this Act unless they also convert.

8. How does the Act treat the property of a Hindu dying intestate who was part of a Dayabhaga joint family?

The Act applies uniformly across India, including areas previously governed by Dayabhaga law. In case of intestate succession, the property is distributed as per the Act's provisions, regardless of whether the deceased was part of a Mitakshara or Dayabhaga family.

9. How does the Act address the succession rights of a posthumous child?

A child who was in the womb at the time of death of an intestate and is subsequently born alive is considered a legal heir and has the same succession rights as if they were born before the intestate's death.

10. What is the concept of "full blood" and "half blood" relatives in the context of this Act?

Full blood relatives share both parents, while half blood relatives share only one parent. The Act generally treats full blood and half blood relatives equally in matters of succession, provided they are in the same degree of relationship to the deceased.

11. What is the rule regarding succession to the property of a reunited coparcener?

When a coparcener who had separated rejoins the joint family (reunion), their succession is governed by special rules. Their share in the reunited coparcenary property goes to the other members of the reunited coparcenary.

12. What is the concept of "escheat" under the Hindu Succession Act?

Escheat is the reversion of property to the state in the absence of any legal heirs. If a Hindu dies intestate leaving no heirs qualified to succeed to their property under the Act, the property escheats to the government.

13. What is the concept of "preferential right" under the Hindu Succession Act?

Preferential right is given to certain heirs to acquire the interest of the deceased in certain types of property, such as a dwelling house or family business, by paying the value of the share to other heirs.

14. How does the Act treat the property of a Hindu female dying intestate, acquired from different sources?

The Act provides different rules for property acquired by a female Hindu from different sources. Property inherited from father or mother goes to father's heirs, from husband or father-in-law to husband's heirs, and self-acquired property to her own heirs.

15. How does the Act treat property inherited by a married daughter who dies childless?

If a married daughter inherits property and dies childless, the property she inherited from her father's side will go back to her father's heirs, while property inherited from her husband's side or self-acquired property will go to her husband's heirs.

16. How did the Act change the concept of coparcenary property?

The Act initially retained the concept of coparcenary property for male members only. However, the 2005 amendment to the Act made daughters equal coparceners by birth, giving them the same rights and liabilities in coparcenary property as sons.

17. What is the difference between ancestral property and self-acquired property under this Act?

Ancestral property is inherited up to four generations of male lineage and is subject to coparcenary rights. Self-acquired property is that which a person earns through their own efforts and has full right to dispose of as they wish.

18. How did the 2005 amendment to the Act change women's inheritance rights?

The 2005 amendment gave daughters equal rights as sons in ancestral property. It made daughters coparceners by birth, allowing them to inherit, demand partition, and dispose of their share in coparcenary property.

19. Can a person governed by the Hindu Succession Act make a will?

Yes, the Act does not restrict a person's right to make a will. Any Hindu can dispose of their self-acquired property through a will. However, ancestral or coparcenary property is subject to certain restrictions.

20. What is the concept of "notional partition" under the Hindu Succession Act?

Notional partition is a legal fiction used to determine the share of a deceased coparcener in joint family property. It assumes that a partition of the property took place immediately before the death of the coparcener.

21. What was the main purpose of enacting the Hindu Succession Act of 1956?

The main purpose of the Hindu Succession Act of 1956 was to codify and reform the law relating to intestate succession among Hindus. It aimed to provide equal rights to women in property inheritance and eliminate gender-based discrimination in succession laws.

22. How does the Act handle the property of a Hindu female acquired before 1956?

Property acquired by a Hindu female before 1956 (when the Act came into force) is generally treated as her absolute property, eliminating the concept of limited estate that existed in pre-1956 Hindu law.

23. How does the Act treat illegitimate children in matters of succession?

Illegitimate children can inherit the property of their mother as if they were legitimate. They can also inherit from their father, but only if the father recognizes them as his children or if paternity is proven.

24. What is the rule regarding succession to property of a Hindu who has renounced the world?

When a Hindu renounces the world (becomes a sanyasi or ascetic), their property is treated as if they had died at the moment of renunciation. Succession opens immediately, and their heirs inherit as per the rules of intestate succession.

25. What is the concept of "survivorship" in Hindu joint family property and how has the Act changed it?

Survivorship was a principle where, upon the death of a coparcener, their share in joint family property passed to surviving coparceners. The Act abolished this principle, replacing it with succession by heirs, including female heirs.

26. What is the significance of the term "sapinda relationship" in Hindu succession law?

Sapinda relationship is a concept in Hindu law referring to a connection through common blood. While the Act doesn't directly use this term, it influences the order of succession, particularly for distant relatives (agnates and cognates).

27. How does the Act treat the property of a Hindu who dies leaving behind only distant relatives?

If a Hindu dies intestate leaving no Class I or Class II heirs, the property passes to agnates (paternal relatives), and if there are no agnates, to cognates (maternal relatives). The Act provides a detailed order of succession for such cases.

28. What is the concept of "per stirpes" distribution in Hindu succession law?

Per stirpes distribution means succession by branch. If a predeceased heir leaves behind children, those children collectively inherit the share that would have gone to their parent. This principle is applied in various scenarios under the Act.

29. What is the concept of "hotchpot" in the context of Hindu succession law?

Hotchpot is a legal concept where gifts or advancements made to an heir during the lifetime of the deceased are taken into account when dividing the estate. The Hindu Succession Act does not explicitly incorporate this concept, focusing instead on equal division among heirs.

30. What is the rule regarding succession to a Hindu's interest in a firm or company?

The Act treats a Hindu's interest in a partnership firm or company as personal property. It is inherited by legal heirs according to the rules of intestate succession, unless there's a specific agreement governing the devolution of such interest.

31. How does the Act treat the property of a Hindu female dying intestate?

The property of a Hindu female dying intestate is divided among her children and husband. If she has no children or husband, it goes to her parents, and then to her father's heirs, followed by her mother's heirs.

32. What is the concept of "Class I heirs" under the Hindu Succession Act?

Class I heirs are the closest relatives who inherit the property of a Hindu male dying intestate. They include the deceased's mother, widow, sons, daughters, and children of predeceased sons or daughters, among others. All Class I heirs inherit equally.

33. How does the Act treat adopted children in matters of succession?

Adopted children are treated on par with natural-born children for all purposes of inheritance under the Act. They have the same rights and responsibilities as biological children in matters of succession.

34. How does the Act treat half-blood relatives in matters of succession?

Under the Act, relatives of half-blood inherit equally with those of full blood in the same degree of relationship. This means half-siblings have the same inheritance rights as full siblings.

35. How does the Act address the property rights of a widow?

A widow is a Class I heir and inherits equally with other Class I heirs. She has full rights over her share of the property and can dispose of it as she wishes. The Act also abolished the limited estate concept, giving widows absolute ownership.

36. What is meant by "intestate succession" in the context of this Act?

Intestate succession refers to the distribution of a person's property when they die without leaving a valid will. The Hindu Succession Act provides rules for how property should be distributed among legal heirs in such cases.

37. What is the rule of succession for a Hindu male dying intestate?

When a Hindu male dies intestate, his property is first distributed among Class I heirs. If there are no Class I heirs, it goes to Class II heirs, then to agnates (blood relatives through male lineage), and finally to cognates (other blood relatives).

38. What happens to the share of a predeceased child in intestate succession?

If a child of the deceased has died before them, leaving behind their own children, those grandchildren will inherit the share that would have gone to their parent (the predeceased child of the deceased).

39. What is the concept of "testamentary succession" and how does it relate to this Act?

Testamentary succession refers to inheritance through a will. While the Hindu Succession Act primarily deals with intestate succession, it recognizes the right of Hindus to dispose of their property through a will, subject to certain conditions.

40. How does the Act deal with the property of a Hindu dying issueless and intestate?

If a Hindu dies without children and intestate, their property is distributed among other Class I heirs like the spouse and parents. If there are no Class I heirs, it passes to Class II heirs, then agnates, and finally cognates.

41. How does the Act address the succession rights of children born through assisted reproductive technologies?

The Act does not explicitly address children born through assisted reproductive technologies. However, legally adopted children have the same rights as natural-born children, which may be applied analogously to some of these cases.

42. What is the significance of the term "Mitakshara coparcenary" in the context of this Act?

Mitakshara coparcenary refers to a joint family system where property rights are acquired by birth. The Act initially recognized this system for male members, but the 2005 amendment extended it to include daughters as well.

43. What is the significance of the term "dwelling house" in the context of this Act?

The Act originally had provisions restricting female heirs' right to demand partition of the dwelling house. However, these restrictions were later removed, giving female heirs equal rights to inherit and partition the family dwelling house.

44. How does the Act address the property rights of a woman in a live-in relationship?

The Act does not explicitly recognize live-in relationships. However, children born from such relationships may have inheritance rights if acknowledged by the father. The woman herself does not have automatic inheritance rights under this Act.

45. How does the Act address the property rights of a woman who remarries after her husband's death?

The Act does not discriminate against a widow who remarries. She retains her rights in her deceased husband's property even after remarriage, unless she had relinquished such rights voluntarily or through a valid agreement.

46. What is the rule regarding succession to agricultural land under this Act?

Initially, the Act did not apply to agricultural land, which was governed by state laws. However, subsequent amendments and court decisions have largely brought agricultural land under the purview of the Act, subject to certain state-specific variations.

47. How does the Act treat property given as a gift to a Hindu woman by her parents?

Property given as a gift to a Hindu woman by her parents is considered her absolute property. She has full rights to dispose of it as she wishes, and upon her death intestate, it is distributed according to the rules for her self-acquired property.

48. How does the Act address the property rights of a child adopted after the death of their adoptive father?

A child adopted after the death of their adoptive father generally does not have rights in the property already vested in other heirs. However, they would have rights in any undivided or coparcenary property that existed at the time of adoption.

49. What is the rule regarding succession to the separate property of a deceased Hindu joint family member?

The separate or self-acquired property of a deceased Hindu joint family member is inherited according to the rules of intestate succession under the Act, not by survivorship. It goes to their personal heirs, which may include both joint family members and others.

50. How does the Act treat property acquired by a Hindu woman before her marriage?

Property acquired by a Hindu woman before her marriage is her absolute property. She has full rights to dispose of it, and if she dies intestate, it is distributed according to the rules for her self-acquired property, not as part of her husband's estate.

51. What is the significance of the term "coparcenary property" and how has its interpretation changed over time?

Coparcenary property is ancestral property held jointly by members of a Hindu undivided family. Initially, only male members were considered coparceners. The 2005 amendment made daughters equal coparceners, significantly changing the nature and division of such property.

52. How does the Act address the property rights of a child born out of void or voidable marriage?

Children born out of void or voidable marriages are considered legitimate under the Hindu Marriage Act, and consequently, have the same succession rights as children born out of valid marriages under the Hindu Succession Act.

53. What is the concept of "right by birth" in Hindu succession law and how has it evolved?

Right by birth traditionally meant that male members acquired rights in ancestral property by birth. The 2005 amendment extended this right to daughters, making them coparceners with the same rights and liabilities as sons in ancestral property.

54. How does the Act treat property inherited by a Hindu from their maternal grandparents?

Property inherited by a Hindu from their maternal grandparents is treated as their personal property. If they die intestate, such property is distributed among their heirs according to the general rules of succession under the Act.

55. What is the significance of the term "full owner" in the context of this Act, especially for women's property rights?

The term "full owner" signifies absolute ownership rights. The Act made significant changes by making women full owners of property they inherit, abolishing the concept of limited estate that previously restricted women's rights to alienate or dispose of inherited property.