An Act to amend and codify the law relating to intestate succession among Hindus. 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 re-convert to the Hindu, Buddhist, Jaina or Sikh religion.
This Act shall not apply to- i any property succession to which is regulated by the Indian Succession Act, , by reason of the provisions contained in Section 21 of the Special Marriage Act, ;. 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.
Section 6 of the Act deals with devolution of interest of a male Hindu in coparcenary property and recognises the rule of devolution by survivorship among the members of the coparcenary. The retention of the Mitakshara coparcenary property without including the females in it means that the females cannot inherit in ancestral property as their male counterparts do.
The law by excluding the daughter from participating in the coparcenary ownership not only contributes to her discrimination on the ground of gender but also has led to oppression and negation of her fundamental right of equality guaranteed by the Constitution having regard to the need to render social justice to women, the States of Andhra Pradesh, Tamil Nadu, Karnataka and Maharashtra have made necessary changes in the law giving equal right to daughters in Hindu Mitakshara coparcenary property.
It is proposed to remove the discrimination as contained in section 6 of the Hindu Succession Act, by giving equal rights to daughters in the Hindu Mitakshara coparcenary property as the sons have.
State Amendment Sections 6A to 6C. Karnataka: After section 6 the following sections shall be inserted, namely-. 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;.
When a female Hindu dies after the commencement of the Hindu Succession Karnataka Amendment Act, , 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 coparcenary property shall devolve by testamentary or intestate succession as the case may be under this Act and not by survivorship.
Explanations- 1 For the purposes of this section the interest of female Hindu Mitakshara co-parcenary 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.
Hindu Succession: Class 1 heirs distribution # 1
If there are male heirs there is no automatic partition; Shivgonda Balgonda Patil v. When there were only two coparceners and one of them died, then if any person other then the coparcener is entitled to a share as a result of severance of the share of the deceased coparcener, the share of such other person will become fixed; Shushilabai v.
Naraynarao, AIR Bom Palaniammal; AIR Mad 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 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 tarwad, tavazhi or 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.
Explanation- For the purposes of this sub-section, the interest of a Hindu in the property of 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.
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.
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.
Rule 2 — The surviving sons and daughters and the mother of the intestate shall each take one share. Rule 3 — The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share. Rule 4 — The distribution of the share referred to in Rule 3- i among the heirs in the branch of the pre-deceased son shall be so made that his widow or widows together and the surviving sons and daughters get equal portions; and the branch of his predeceased 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.
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. The order of succession among agnates or cognates, as the case may be, shall be determined in accordance with the rules of preference laid down hereunder:.
Rule 1 — Of two heirs, the one who has fewer or no degrees of ascent is preferred.
Rule 2 — Where the number of degrees of ascent is the same or none, that heir is preferred who has fewer or no degrees of descent. Rule 3 — Where neither heirs is entitled to be preferred to the other under Rule 1 or Rule 2 they take simultaneously. 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 including in the same entry shall take simultaneously. 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-.
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.
Section 15 of the Hindu Succession Act, 1956
If two or more heirs succeed together to the property of an intestate, they shall take the property- a save as otherwise expressly provided in this Act, per capita and not per stripes; and b as tenants-in-common and not as joint tenants. A child who was in the womb at the time of death of an intestate and who is subsequently born alive has 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.
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 affecting succession to property, it shall be presumed, until the contrary is proved, that the younger survived the elder.
Where a Hindu intestate has left surviving him or her both male and female heirs specified in class I of the Schedule and his or her property includes a dwelling-house wholly occupied by members of his or her family, then, notwithstanding anything contained in this Act, the right of any such female heir to claim partition of the dwelling-house shall not arise until the male heirs choose to divide their respective shares therein; but the female heir shall be entitled to a right of residence therein: Provided that where such female heir is a daughter, she shall be entitled to a right of residence in the dwelling-house only if she is unmarried or has been deserted by or has separated from her husband or is a widow.
Any heir who is related to an intestate as the widow of a pre-deceased son, the widow of a pre- deceased son of a pre-deceased son or the widow of a brother shall not be entitled to succeed to the property of the intestate as such widow, if on the date the succession opens, she has re-married. 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.
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.
If any person is disqualified from inheriting any property under this Act, it shall devolve as if such person had died before the intestate. 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.
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 subjected. Any Hindu may dispose of by will or other testamentary disposition any property, which is capable of being so disposed of by him, in accordance with the provisions of the Indian Succession Act, , or any other law for the time being in force and applicable to Hindus.
Section 15 of hindu succession act 1956 pdf download
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 section.
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; son of a pre-deceased 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.
Hindu Disposition Of Property Act, Hindu Adoptions and Maintenance Act, Hindu Minority and Guardianship Act, Hindu Marriage Act, WritingLaw Bare Acts Notes. Click to instantly go to that heading. Overriding effect of Act. Act not to apply to certain properties. Devolution of interest in coparcenary property. General rules of succession in the case of males. Order of succession among heirs in the Schedule.
Distribution of property among heirs in Class I of the Schedule. Distribution of property among heirs in class II of the Schedule. 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. Computation of degrees. Property of a female Hindu to be her absolute property.
General rules of succession in the case of female Hindus. Order of succession and manner of distribution among heirs of a female Hindu. Full blood preferred to half blood. Mode of succession of two or more heirs.
Hindu Succession Act, 1956
Right of child in womb. Presumption in cases of simultaneous deaths. Preferential right to acquire property in certain cases.
Special provision respecting dwelling houses. Certain widows remarrying may not inherit as widows. Murderer disqualified. Succession when heir disqualified. Disease, defect, etc. Failure of heirs. Testamentary succession. Next Post: Hindu Marriage Act, updated. Law Notes.
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Hindu Succession Act 1956 PDF Download
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