11. Distribution of property among heirs in Class II of the Schedule.
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.
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.
13. Computation of degrees.—(1) For the purposes of determining the order of succession among agnates or cognates, relationships 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.
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.
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 to 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 predeceased 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.
16. Order of succession and manner of distribution among heirs of a female Hindu.
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.
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Other Contents of Hindu Succession Act, 1956 |
17. Special provisions respecting persons governed by marumakkattayam and aliyasantana laws.
17. Special provisions respecting persons governed by marumakkattayam and aliyasantana 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.
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.
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 stripes; and
(b) a tenants-in-common and not as joint tenants.
20. Right of child in womb.
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 death of the intestate.
21. Presumption in cases of simultaneous deaths.
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 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.
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.
23. Special provision respecting dwelling-houses.—[i][* * *]
24. Certain widows re-marrying may not inherit as widows.
24. Certain widows re-marrying may not inherit as widows.—[ii][* * *]
25. Murderer disqualified.
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.
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.
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.
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, or any other ground whatsoever.
Escheat
29. Failure of heirs.
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.
Chapter III
TESTAMENTARY SUCCESSION
30. Testamentary succession.
30. Testamentary succession.—[iii][* * *] Any Hindu may dispose of by will or other testamentary disposition any property, which is capable of being so disposed of by him [iv][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 [v][section].
(2) [vi][* * *]
Chapter IV
REPEALS
31. Repeals.
31. Repeals.—[vii][* * *]
The Schedule
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 [viii][; 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].
Class II
I. Father.
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.
References
[i] Omitted by Act 39 of 2005, S. 4 (w.e.f. 9-9-2005).
[ii] Omitted by Act 39 of 2005, S. 5 (w.e.f. 9-9-2005).
[iii] The brackets and figure “(1)” omitted by Act 58 of 1960, S. 3 and Second Sch.
[iv] Ins. by Act 39 of 2005, S. 6 (w.e.f. 9-9-2005).
[v] Subs. by Act 56 of 1974, Section 3 and Sch. II.
[vi] Sub-section (2) omitted by Act 78 of 1956, S. 29.
[vii] Repealed by Act 58 of 1960, S. 2 and Sch. I.
[viii] Ins. by Act 39 of 2005, S. 7 (w.e.f. 9-9-2005).
[disclaimer]
Are the children of a pre-deceased niece entitled to inherit any property left by a childless widow aunt when other nephews and nieces are alive?