LawBites
← Back to Family Law 1 acts
SectionRuleKey ConceptCase Law
2Application of the ActApplies to Hindus, Buddhists, Jains, and Sikhs.
3DefinitionsDefines heir, intestate (no will), and related terms.
4Overriding effectThis Act overrides (prevails over) other conflicting laws.
5Act not to apply in certain casesCertain properties are excluded from this Act.
6Devolution of coparcenary propertyDaughter gets equal right as son in joint family property.Vineeta Sharma v. Rakesh Sharma
Prakash v. Phulavati
8General rules of succession (male)Property of male Hindu goes to Class I heirs first.
9Order of successionHeirs are classified in order (Class I, Class II).
10Distribution among Class I heirsExplains how property is divided among Class I heirs.
11Distribution among Class II heirsProperty goes to Class II heirs if no Class I heirs.
12Order among agnatesExplains order of inheritance among agnates (male relatives).
13Order among cognatesExplains order among cognates (relatives through females).
14Property of female HinduFemale gets full ownership of property (absolute owner).V. Tulasamma v. Sesha Reddy
15Succession of female HinduExplains how property of female Hindu is distributed.
16Order of succession (female)Gives priority order of heirs for female property.
17Special provisions for certain statesApplies special rules in some regions.
18Full blood preferredFull blood relatives preferred over half blood.
19Mode of successionHeirs take property together unless specified.
20Right of child in wombChild in womb has right if born alive.
21Presumption in simultaneous deathsIf unclear who died first, special rule applies.
22Preferential rightHeirs have preference to buy property from co-heirs.
23Dwelling house (omitted)Earlier restricted female rights in house (now removed).
24Certain widows disqualified (omitted)Earlier rule disqualified some widows (now removed).
25Murderer disqualifiedA person who commits murder cannot inherit.
26Convert’s descendantsChildren of converted persons may lose inheritance rights.
27Disqualification effectDisqualified person treated as if not alive.
28No disqualification except statedNo one is disqualified except as per this Act.
29AEqual rights to daughters (state amendment)Gives daughters equal rights in some states (before 2005 amendment).
30Testamentary successionProperty can be transferred by will.