Wednesday, 1 May 2019

Notes on Hindu succession Act 1956 as amended in the year 2005

S 3.Definitions:-
a) Agnate :One person is said to agnate of another if two are related by blood or adoption wholly through male.

c) Cognate:One person is said to Cognate of another if two are related by blood or adoption not wholly through male.

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) 1)Full blood: Same father, Same mother.
        Half blood: Same father,different mother.

2)Uterine blood :Same mother,different father.

f) heir: person entitled to inherit property of deceased.

g) intestate: person died without making will.

S 4. Overriding effect of Act: Any law or custom contrary to this Act shall cease to apply to Hindus.

S 5.Act not to apply to certain properties:-
1)This Act shall not apply to any property succession to which is regulated by Indian succession Act,by reason of S 21 of Special marriage Act.
Read IMP Judgments on HSA: Click here

S 6. Devolution of interest in coparcenary property-(As amended by amendment Act 2001).
1)On commencement of amendment Act 2005,daughter of coparcener has become coparcener and has acquired rights and liabilities in coparcenary property similar to son.
Provided nothing mentioned above shall affect or invalidate any disposition or alienation,including any partition or testamentary disposition of property which had taken place before 20th Dec 2004.
2) Property inherited by female Hindu as per Sub section 1,shall be coparcenary property and she shall be entitled to dispose it off by will.
3) Coparcenary property of Hindu who dies after commencement of amendment Act 2005 shall be deemed to have been divided as if partition had taken place.
Explanation:For the purpose of this sub section,interest of hindu coparcener shall be deemed to be his share in property which would have been allotted to him in partition if it had taken place immediately before his death whether he was entitled to claim partition or not.
4) Doctrine of pious obligation is  abolished.
Provided doctrine of pious obligation is applicable with regards to debts contracted prior to commencement of amendment Act 2005 with regard to rights of creditor and with regard to alienation made in satisfaction of debt taken prior to 2005.
5) Nothing contained  in this section shall apply to a partition which has been effected before 20th dec 2004.
Explanation:- For the purposes of this section partition means any partition made by registered partition deed or partition effected by decree of a court.
Read IMP Judgments on S 6 of HSA: Click here

S 8.General rules of succession in case of males:- Property of male hindu dying intestate shall devolve:
a)firstly upon Class one legal heirs.
b) secondly if there is no class one legal heirs, upon Class two legal heirs.
c) thirdly if there is no class one or class two legal heirs,then upon agnates.
d)lastly,if there is no agnate,then upon cognates of deceased.

S 9. Order of succession among heirs in the schedule:- Heirs specified in Class one shall take simultaneously and to the exclusion of all other heirs;those in the first entry in class two shall be preferred to those in second entry;those in second entry shall be preferred to those in the third entry,and so on in succession.

S 10.Distribution of property among heirs in class one of schedule.

S 11.Distribution of property among heirs in class two of schedule.

S 12.Order of succession among agnates and cognates.

S 13.Computation of degrees.

S 14. Property of a female hindu to be her absolute property:-
1)  Any property possessed by female hindu shall be held by her as full owner and not as a limited owner.
Explanation: Property includes both movable and immovable property acquired by female hindu by inheritance or devise,or at partition,or in lieu of maintenance or arrears of maintenance,or by gift from any person,whether 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 such property held by her as stridhana .

Read IMP Judgments on S 14 of HSA: Click here

S 15.General rules of succession in the case of female hindus:-
1) Property of female hindu dying intestate shall devolve as follows:
a) firstly upon her sons and daughters and husband,
b) secondly upon heirs of husband,
c) thirdly upon mother and father,
d) fourthly upon heirs of father,and 
e) lastly upon heirs of mother.
2) a) Property inherited by female hindu from her father or mother shall devlove in absence of her children upon heirs of her father.
b) Property inherited by female hindu from her husband or from her father in law shall devlove in absence of her children upon heirs of her husband.

S 16.Order of succession and manner of distribution among heirs of female hindu

S 18. Full blood preferred to half blood.

S 19.Mode of succession of two or more heirs:-
If two or more heirs succeed together to property of intestate,they shall take the property-
a) Per capita and not per stripes; and
b) as tenants- in- common,and not as joint tenants.

S 20. Right of child in womb:- Child in womb shall have same right to inherit to intestate as if he had born prior to death of intestate and inheritance shall vest in him from date of  death of intestate.

S 21.Presumption as to simultaneous death: For all purposes affecting succession to property,it shall be presumed unless contrary is proved, that younger survived older.

S 22.Preferential right to acquire property in certain cases:
( Right of pre-emption)

S 23.Special provision respecting dwelling houses (deleted by hindu succession amendment Act 2005).

S 24.Certain widows re-marrying may not inherit as widows  (deleted by hindu succession amendment Act 2005).

S 25. Murderers disqualified:- A person who commits murder,or abets commission of murder shall be disqualified to inherit property of deceased.

S 26.Convert's descendants disqualified:- Children born after conversion of hindu are disqualified to inherit property of his relatives unless children are hindu when succession opens.

S 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 intestate.

S 28.Disease,defect etc.not to disqualify for inheritance to property.

S 29.Failure of heirs:- If intestate has left no heir qualified to succeed to his property,such property shall devlove on government subject to all obligations and liabilities to which an heir would have been subject.

S 30. Testamentary Succession:- Hindu may dispose off by will any property as per applicable law.
Explanation: Interest of female hindu in mitakshara coparcenary property can be disposed off by her by her will.

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