25-04-2012, 12:37 PM
THE HINDU SUCCESSION ACT
THE HINDU SUCCESSION ACT1956-MANJU.doc (Size: 51.5 KB / Downloads: 36)
Short title and extent.
1. (1) Short title and extent. This Act may be called the Hindu Succession Act, 1956.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
. Application of Act.
(1) Application of Act. 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
© 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.
Definitions and interpretation
(1) Definitions and Interpretation. 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;
© " 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;
Order of succession among heirs in the Schedule.
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.
Full blood preferred to half blood.
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.
Mode of succession of two or more heirs.
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.