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 ( 39 of
1925), by reason of the provisions contained in section 21 of the Special Marriage Act, 1954 (43 of
1954);
(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;
(iii) the Valiamma Thampuran Kovilagam 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.
2
[6. Devolution of interest in coparcenary property.―(1) On and from the commencement of the
Hindu Succession (Amendment) Act, 2005 (39 of 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 the same manner as the son;
(b) have the same rights in the coparcenery property as she would have had if she had been a son;
(c) be subject to the same liabilities in respect of the said coparcenery 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 invalidate any disposition or
alienation including any partition or testamentary disposition of property which had taken place before the
20th day of December, 2004.
(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 anything
contained in this Act or any other law for the time being in force, as property capable of being disposed of
by her by testamentary disposition.
(3) Where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act, 2005
(39 of 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 coparcenery 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;
1. Omitted by Act 39 of 2005, s. 2 (w.e.f. 9-9-2005).
2. Subs. by s. 3, ibid., for section 6 (w.e.f. 9-9-2005).
6
(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 purposes 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 (39 of 2005), no court
shall recognise 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 (39 of 2005), nothing contained 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
(39 of 2005)had not been enacted.
Explanation.―For the purposes 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 (39 of 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.]
STATE AMENDMENTS
Karnataka.―
Insertion of new sections in Central Act 30 of 1956.―In the Hindu Succession Act, 1956 (Central
Act 30 of 1956) after section 6, the following sections shall be inserted, namely:―
“6A. Equal rights to daughter in co-parcenary property.―Notwithstanding anything contained in
section 6 of this Act,―
(a) in a joint Hindu family governed by Mitakshara law, the daughter of a co-parcener shall by
birth become a co-parcener in her own right in the same manner as the son and have the same rights
in the co-parcenary property as she would have had if she had been a son inclusive of the right to
claim by survivorship and shall be subject to the same liabilities and disabilities in respect thereto as
the son;
(b) at a partition in such Joint Hindu Family the co-parcenary property shall be so divided as to
allot to a daughter the same share as is allotable to a son:
Provided that the share which a predeceased son or a predeceased daughter would have got at the
partition if he or she had been alive at the time of the partition, shall be allotted to the surviving child
of such predeceased son or of such predeceased daughter:
7
Provided further that the share allotable to the predeceased child of the predeceased son or of a
predeceased daughter, if such child had been alive at the time of the partition, shall be allotted to the
child of such predeceased child of the predeceased son or of such predeceased daughter, as the case
may be;
(c) any property to which a female Hindu becomes entitled by virtue of the provisions of clause
(a) shall be held by her with the incidents of co-parcenary ownership and shall be regarded,
notwithstanding anything contained in this Act or any other law for the time being in force, as
property capable of being disposed of by her by will or other testamentary disposition;
(d) nothing in clause (b) shall apply to a daughter married prior to or to a partition which had
been effected before the commencement of Hindu Succession (Karnataka Amendment) Act, 1990.
6B. Interest to devolve by survivorship on death.―When a female Hindu dies after the
commencement of the Hindu Succession (Karnataka Amendment) Act, 1990, having at the time of her
death an interest in a Mitakshara co-parcenary property, her interest in the property shall devolve by
survivorship upon the surviving members of the co-parcenary and not in accordance with this Act:
Provided that if the deceased had left any child or child of a pre-deceased child, the interest of the
deceased in the Mitakshara co-parcenary property shall devolve by testamentary or intestate succession,
as the case may be, under this Act and not by survivorship.
Explanation.―(1) For the purposes of this section the interest of female Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to her if a partition
of the property had taken place immediately before her death, irrespective of whether she was entitled to
claim partition or not.
(2) Nothing contained in the proviso to this section shall be construed as enabling a person who,
before the death of the deceased had separated himself or herself from the co-parcenary, or any of his or
her heirs to claim on intestacy a share in the interest referred to therein.
6C. Preferential right to acquire property in certain cases.―(1) Where, after the commencement
of Hindu Succession (Karnataka Amendment) Act, 1990 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 under sections 6A or 6B upon two or more heirs 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
sub-section (1) 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
incidental to the application.
(3) If there are two or more heirs 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 limits of whose jurisdiction the
immoveable 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.]
[Vide Karnataka Act 23 of 1994, sec. 2].
7. Devolution of interest in the property of a tarwad, tavazhi, kutumba, kavaru or
illom.―(1)When a Hindu to whom the marumakkattayam 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 purposes 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
8
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, tavazhior illom, as the
case may be, then 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 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, the 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 the 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 is 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—
9
(i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or
widows together) and the surviving sons and daughters get equal portions; and the branch of his
pre-deceased sons 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 portions.
11. Distribution of property among heirs in class II of the Schedule.―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 heir 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, or by gift from any person, whether a relative or not, before, at or after her marriage, or
by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and
also any 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 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 of the deceased(including the children of any pre-deceased son or
daughter) not upon the other heirs referred 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.
10
STATE AMENDMENT
Kerala.—
Amendment of section 15.―In the Hindu Succession Act, 1956 (Central Act 30 of 1956), in section
15, after clause (b) of sub-section (2), the following clause shall be inserted, namely:―
“(c)” any property inherited by a female Hindu from her pre-deceased son shall devolve, not upon the
other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the predeceased son from whom she inherited the property.”
[Vide Kerala Act 17 of 2016, sec. 2].
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 intestate’s
property among those heirs shall take place according 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 or daughter of the intestate had pre-deceased the intestate 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) of 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 atiyasantana
laws.―The provisions of sections 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 the husband.”;
(iii) clause (a) of sub-section (2) of section 15 had been omitted;
(iv) section 23 had been omitted.
General provisions relating to succession
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 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 stirpes; and
(b) as tenants-in-common and not as joint tenants.
20. Right of child in womb.―A child who was 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 which, survived the other, then, for all purposes
11
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 limits 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.
23. [Special provision respecting dwelling-houses.]―Omitted by the Hindu Succession (Amendment)
Act, 2005 (39 of 2005), s. 4 (w.e.f. 9-9-2005).
24. [Certain windows re-marrying may not inherit as windows.]―Omitted by s. 5, ibid. (w.e.f. 9-9-
2005).
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. Convert’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.
STATE AMENDMENTS
Tamil Nadu
In the Hindu Succession Act, 1956 (hereinafter referred to as the principal act), after chapter II, the
following chapter shall be inserted, namely