हिन्दू उत्तराधिकार अधिनियम
The Hindu Succession Act, 1956
Act 30 of 1956 — codifies intestate succession among Hindus, Buddhists, Jainas and Sikhs. Defines Class I and Class II heirs (in the Schedule), abolished limited 'stridhana' to make every female Hindu an absolute owner under §14, and — after the landmark 2005 amendment — gave daughters equal coparcenary rights by birth under the recast §6. Covers special tarwad/aliyasantana rules, disqualifications (murderer, convert's descendants), testamentary disposition under §30 and escheat to the State under §29.
- Sections
- 30
- Chapters
- 4
- Tier
- Tier 1
- Commenced
- 17 June 1956 (date of assent).
Preamble
What this Act sets out to do
An Act to amend and codify the law relating to intestate succession among Hindus.
Table of contents
Chapters
Chapter I§1–4
Preliminary
Four foundational sections. §1 names the Act and extends it across India. §2 defines who is a 'Hindu' for this Act (same religion-and-domicile test as the Hindu Marriage Act, 1955). §3 carries the dictionary — 'agnate', 'cognate', 'heir', 'intestate', 'full/half/uterine blood', plus special definitions for marumakkattayam, aliyasantana and nambudri laws. §4 sweeps away pre-1956 Hindu law and inconsistent statutes.
4 sections
Chapter II§5–29
Intestate Succession
The substantive heart of the Act. §5 carves out certain estates the Act will not touch. §6 (recast in 2005) makes daughters coparceners by birth in Mitakshara joint family property — equal in right, share and liability to sons. §§7–8 deal with tarwad/aliyasantana property and general male-Hindu succession (Class I → Class II → agnates → cognates, per the Schedule). §§9–13 set the order and rules of distribution among heirs and degrees of relationship. §14 is the famous 'female absolute owner' clause that destroyed limited 'stridhana'. §§15–17 fix succession for a female Hindu and for marumakkattayam/aliyasantana persons. §§18–22 set general rules — full blood preferred, per capita not per stirpes, the unborn child's rights, simultaneous-death presumption, and pre-emption between Class I heirs. §§23–24 stand omitted (2005 amendment). §§25–28 list disqualifications (murderer, convert's descendants) and clarify that disease or defect is not a bar. §29 escheats the property to the Government when there is no qualified heir.
25 sections
Chapter III§30–30
Testamentary Succession
A single section. §30 lets any Hindu dispose of any property capable of being disposed of, by will or other testamentary instrument, under the Indian Succession Act, 1925; the Explanation expressly makes Mitakshara coparcenary interest and tarwad/tavazhi/illom/kutumba/kavaru interests fall within that capacity.
1 sections
Chapter IV§31–31
Repeals
A single section. §31 has been repealed by the Repealing and Amending Act, 1960 — once the pre-1956 enactments it had repealed were folded into the general statute book, this clean-up section was itself swept away.
1 sections
Source
Read the Act yourself
Every section page on this site links back to the exact page in the source PDF. You can also open the full Act below.
About this Act
Quick facts
- Year
- 1956
- Sections
- 30
- Chapters
- 4
- Tier
- Tier 1
Amendments
- 2005Hindu Succession (Amendment) Act, 2005 (Act 39 of 2005) — Recast §6 to make daughters coparceners by birth equal to sons; omitted §§23 (dwelling-house) and 24 (widow remarrying).
- 2019Act 34 of 2019 (J&K Reorganisation) — Removed J&K exclusion from §1(2); Act now extends to the whole of India.