The Hindu Succession Act, 1956, No. 30 of 1956
The Hindu Succession Act, 1956, No. 30 of 1956, was enacted by Parliament, received the President's assent on 17 June 1956, and was published by the Ministry of Law on 18 June 1956. It amends and codifies the law governing intestate succession among Hindus, including specified Buddhists, Jainas, Sikhs and certain other persons, and sets rules for inheritance when a person dies without an effective testamentary disposition.
What the Act governs
The Hindu Succession Act, 1956 governs succession to property when a covered person dies intestate. A person is intestate for property that has not been disposed of through a testamentary disposition capable of taking effect.
The Act extends to the whole of India except the State of Jammu and Kashmir, as stated in the published text. It replaces earlier Hindu law texts, interpretations, customs and usages for matters covered by the Act. Other existing laws also stop applying to Hindus to the extent that they conflict with its provisions.
Who is covered
The Hindu Succession Act, 1956 applies to:
- Hindus in any form or development, including Virashaivas, Lingayats and followers of the Brahmo, Prarthana or Arya Samaj.
- Buddhists, Jainas and Sikhs.
- Other persons who are not Muslim, Christian, Parsi or Jewish, unless it is proved that Hindu law or related custom would not previously have governed them on these matters.
- Certain children and converts or reconverts described in the Act.
Members of Scheduled Tribes are excluded unless the Central Government directs otherwise through an Official Gazette notification.
Property and inheritance provisions
The Hindu Succession Act, 1956 includes these key rules:
- A male Hindu's intestate property passes first to relatives in class I of the Schedule.
- If there is no class I heir, it passes to class II heirs in their listed order.
- If neither class has an heir, the property passes first to agnates and then to cognates.
- Class I heirs inherit simultaneously and exclude all other heirs.
- A widow receives one share. If there is more than one widow, they together receive one share.
- The Act contains special rules for interests in Mitakshara coparcenary property and property previously governed by marumakkattayam, nambudri or aliyasantana law.
Relevance to property holders and buyers
The Hindu Succession Act, 1956 can affect who inherits an owner's interest and therefore who may claim ownership after an intestate death. The published text does not displace laws preventing fragmentation of agricultural holdings, fixing land ceilings or governing the devolution of tenancy rights in those holdings. It also identifies certain properties and estates to which its succession rules do not apply.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Who inherits first when a male Hindu dies without an effective will?
Relatives listed in class I of the Schedule inherit first and simultaneously. If there is no class I heir, succession moves to class II heirs, then agnates and finally cognates.
Does the Hindu Succession Act, 1956 apply to Buddhists, Jainas and Sikhs?
Yes. The Act expressly applies to persons who are Buddhist, Jaina or Sikh by religion.
Does the Act apply to members of Scheduled Tribes?
Not ordinarily. Members of Scheduled Tribes are excluded unless the Central Government directs otherwise by notification in the Official Gazette.
Does the Act override agricultural land ceiling and fragmentation laws?
No. The Act states that it does not affect laws preventing fragmentation of agricultural holdings, fixing ceilings or governing the devolution of tenancy rights in those holdings.
