THE HINDU SUCCESSION ACT, 1956 
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ARRANGEMENT OF SECTIONS 
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CHAPTER I 
PRELIMINARY 

SECTIONS 

1.  Short title and extent. 
2.  Application of Act. 
3.  Definitions and interpretation. 
4.  Overriding effect of Act. 

CHAPTER II 
INTESTATE SUCCESSION 
General 

5.  Act not to apply to certain properties. 
6.  Devolution of interest in coparcenary property. 
7.  Devolution of interest in the property of a tarwad, tavazhi, kutumba, kavaruorillom. 
8.  General rules of succession in the case of males. 
9.  Order of succession among heirs in the Schedule. 
10.  Distribution of property among heirs in class I of the Schedule. 
11.  Distribution of property among heirs in class II of the Schedule. 
12.  Order of succession among agnates and congnates. 
13.  Computation of degrees. 
14.  Property of a female Hindu to be her absolute property. 
15.  General rules of succession in the case of female Hindus. 
16.  Order of succession and manner of distribution among heirs of a female Hindu. 
17.  Special provisions respecting persons governed by marumakkattayam and aliyasantana laws. 

General provisions relating to succession 

18.  Full blood preferred to half blood. 
19.  Mode of succession of two or more heirs. 
20.  Right of child in womb. 
21.  Presumption in cases of simultaneous deaths. 
22.  Preferential right to acquire property in certain cases. 
23.  [Omitted.]. 
24.  [Omitted.]. 
25.  Murderer disqualified. 
26.  Convert’s descendants disqualified. 
27.  Succession when heir disqualified. 
28.  Disease, defect, etc., not to disqualify. 

29.  Failure of heirs. 

Escheat 

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CHAPTER III 
TESTAMENTARY SUCCESSION 

CHAPTER IV 
REPEALS 

SECTIONS 

30.  Testamentary succession. 

31.  [Repealed.]. 

THE SCHEDULE. 

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THE HINDU SUCCESSION ACT, 1956 

ACT NO. 30 OF 19561 

[17th June, 1956.]  

An Act to amend and codify the law relating to intestate succession among Hindus. 

BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:― 

CHAPTER I 

PRELIMINARY 

1. Short title and extent.―(1) This Act may be called the Hindu Succession Act, 1956. 

(2) It extends to the whole of India 2***. 

2. Application of Act.―(1)This Act applies― 

(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, 

(b) to any person who is a Buddhist, Jaina or Sikh by religion, and  

(c)  to  any  other  person  who  is  not  a  Muslim,  Christian,  Parsi  or  Jew  by  religion,  unless  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. 

Explanation.―The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case 

may be:― 

(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or 

Sikhs by religion; 

(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; 

(c) any person who is a convert or reconvert 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. Definitions 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,  (Madras  Act  9  of 
1949) or by the customary aliyasantana law with respect to the matters for which provision is made in 
this Act; 

1. The Act hasbeen extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and First Schedule and to Pondicherry by Reg. 7 of 1963, s. 3 

and First Schedule. 

2. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). 

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(c) “cognate”―one person is said to be a “cognate” of another if the two are related by blood or 

adoption but not wholly through males; 

(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: 

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  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; 

(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; 

Explanation.―In this clause “ancestor” includes the father and “ancestress” the mother; 

(f)  “heir”  means  any  person,  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 22 of 1933); the Travancore Nayar Act (2 of 1100K); 
the Travancore Ezhava Act (3 of 1100K); the Travancore Nanjinad Vellala Act (6 of 1101K); the 
Travancore Kshatriya Act (7 of 1108K); the Travancore Krishnanvaka Marumak kathayee (Act 7 
of 1115K); the Cochin Marumak kathayam Act (33 of 1113K); or the Cochin Nayar Act (29 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  1[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  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 (21 of 1933); the 
Cochin  Nambudri  Act  (17  of  111K);  or  the  Travancore  Malayala  Brahmin  Act  (3  of  1106K);  with 
respect to the matters 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  mother  and  to  one 
another, and their legitimate descendants 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. 

1. Ins. by the Adaptation of Laws (No. 3) Order, 1956. 

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4. Overriding 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  respect  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. 

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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  (  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). 

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(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.] 

Karnataka.― 

STATE AMENDMENTS 

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: 

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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  co-
parcener 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 

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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— 

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(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. 

9 

 
Kerala.— 

STATE AMENDMENT 

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  pre-
deceased 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 

10 

 
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. 

Tamil Nadu 

STATE AMENDMENTS 

In  the  Hindu  Succession  Act,  1956  (hereinafter  referred  to  as  the  principal  act),  after  chapter  II,  the 
following chapter shall be inserted, namely:-- 

11 

 
 
 
"CHAPTER II-A, 
Succession by survivorship. 

29-A.  Equal  rights  to  daughter  in  coparcenary  property.—Notwithstanding  anything 

contained in section 6 of this Act,-- 

(i) in a Joint Hindu Family governed by Mitakshara Law, the daughter of a coparcener shall 
by birth become a coparcener in her own right in the same manner as a son and have the same 
rights in the coparcenary 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; 

(ii) at a partition in such a Joint Hindu Family the coparcenary 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 pre-deceased son or a pre-deceased 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 pre-deceased son or of such pre-deceased daughter: 

Provided further that the share allotable to the pre-deceased child of a predeceased son or of a 
pre-deceased daughter, if such child had been alive at the time of the partition, shall be allotted to 
the child of such pre-deceased child of the predeceased son or of the pre-deceased daughter, as 
the case may be; 

(iii)  any  property  to  which  a  female  Hindu  becomes  entitled  by  virtue  of  the  provisions  of 
clause (i) 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 will or other testamentary disposition; 

(iv)  nothing  in  this  Chapter  shall  apply  to  a  daughter  married  before  the  date  of  the 

commencement of the Hindu Succession (Tamil Nadu Amendment) Act, 1989; 

(v) nothing in clause (ii) shall apply to a partition which had been effected before the date of 

the commencement of the Hindu Succession (Tamil Nadu Amendment) Act, 1989. 

29-B. Interest to devolve by survivorship on death.—When a female Hindu dies after the date 
of the commencement of the Hindu Succession (Tamil Nadu Amendment) Act, 1989, having, at the 
time  of  her  death,  an  interest  in  a  Mitakshara  coparcenary  property  by  virtue  of  the  provisions  of 
section 29-A, her interest in the property shall devolve by survivorship upon the surviving members 
of the coparcenary 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  coparcenary  property  shall  devolve  by  testamentary  or  intestate 
succession, as the case may be, under this Act and not by survivorship. 

Explanation  I.--For  the  purposes  of  this  section,  the  interest  of  a  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. 

Explanation II.--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 coparcenary 
or any of his or her heirs to claim on intestacy a share in the interest referred to therein. 

12 

 
29-C. Preferential right to acquire property in certain cases.--(1) Where, after the date of the 
commencement  of  the  Hindu  Succession  (Tamil  Nadu  Amendment)  Act,  1989,  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 section  29-A  or  section 29-B  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 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 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 
immovable  property  is  situate  or  the  business  is  carried  on  and  includes  any  other  court  which  the 
State  Government  may,  by  notification  in  the  Tamil  Nadu  Government  Gazette,  specify  in  this 
behalf.".] 

[Vide Tamil Nadu Act 1 of 1990, s. 2] 

CHAPTER III 

TESTAMENTARY SUCCESSION 

30.  Testamentary  succession.―1***  Any  Hindu  may  dispose  of  by  will  or  other  testamentary 
disposition any property, which is capable of being so 2[disposed of by him or by her], in accordance with 
the  provisions  of the  Indian  Succession  Act,  1925 (39  of  1925),  or  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 
being  in  force,  be  deemed  to  be  property  capable  of  being  disposed  of  by  him  or  by  her  within  the 
meaning of this 3[section.]  

4* 

* 

 *  

CHAPTER IV 

REPEALS 

*  

*  

31.  [Repeals.]―Rep.  by  the  Repealing  and  Amending  Act,  1960  (58  of  1960),  s.2  and  the  First 

Schedule (w.e.f. 26-12-1960). 

1. The brackets and figure “(1)” omitted by Act 58 of 1960, s. 3 and the Second Schedule (w.e.f. 26-12-1960). 
2. Subs. by Act 39 of 2005, s. 6, for “disposed of by him” (w.e.f. 9-9-2005). 
1. Subs. by Act 56 of 1974, s. 3 and the Second Schedule for “sub-section” (w.e.f. 20-12-1974). 
2. Omitted by Act 78 of 1956, s. 29 (w.e.f. 21-12-1956). 

13 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
14 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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; daughter of a pre-deceased son of a pre-deceased son; widow of 
a  pre-deceased  son  of  a  pre-deceased  son  1[son  of  a  predeceased  daughter  of  a  pre-deceased  daughter; 
daughter  of  a  pre-deceased  daughter  of  a  pre-deceased  daughter;  daughter  of  a  pre-deceased  son  of  a  
pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased son]. 

I. Father. 

Class II 

II. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister. 

III.  (1)  Daughter’s  son’s  son,  (2)  daughter’s  son’s  daughter,  (3)  daughter’s  daughter’s  son,  (4) 
daughter’s daughter’s daughter. 

IV. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter. 

V. Father’s father; father’s mother.  

VI. Father’s widow; brother’s widow. 

VII. Father’s brother; father’s sister. 

VIII. Mother’s father; mother’s mother. 

IX. Mother’s brother; mother’s sister. 

Explanation.―In this Schedule, references to a brother or sister do not include references to a brother 

or sister by uterine blood. 

1. Added by Act 39 of 2005, s. 7 (w.e.f. 9-9-2005). 

15 

 
                                                           
