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Hindu Succession Act, 1956 – Section Summary

SectionRuleKey ConceptCase Law
2Applies to Hindus, Buddhists, Jains, SikhsThis law applies to people following Hindu religion and similar religions.
4Overrides old customs and lawsThis Act replaces any old customs or rules if they are different.
5Exceptions to applicationSome properties and situations are not covered by this Act.
6Devolution of coparcenary property (before 2005 amendment)Property in joint family goes to male members by survivorship.Gurupad v. Hirabai
8General rules of succession (male Hindu dying without will)Property goes first to Class I heirs like sons, daughters, widow.Gurupad v. Hirabai
9Order of successionClass I heirs get priority over Class II heirs.
10Distribution among Class I heirsProperty is divided equally among Class I heirs.
11Distribution among Class II heirsIf no Class I heirs, property goes to Class II heirs in order.
12Distribution among agnatesIf no Class I or II heirs, property goes to agnates (male line relatives).
13Distribution among cognatesIf no agnates, property goes to cognates (relatives not in male line).
14Property of female Hindu becomes absoluteA woman gets full ownership of her property.V. Tulasamma v. Sesha Reddy
15Succession of female HinduProperty of a woman goes first to her children and husband.
16Order of succession for female HinduExplains how property is shared among heirs of female Hindu.
17Special rules for certain communitiesSpecial rules apply to some groups like matrilineal systems.
18Full blood preferred over half bloodFull blood relatives get preference over half blood relatives.
19Mode of successionHeirs take property jointly unless divided.
20Rights of child in wombChild in womb at death gets share if born alive.
21Presumption in simultaneous deathsIf two persons die together, older is assumed to die first.
22Preferential right to acquire propertyCo-heirs have first right to buy property if one wants to sell.
23Special provision for dwelling house (now deleted)Earlier limited rights of female heirs in house property.Ganduri Koteshwaramma v. Chakiri Yanadi
24Certain widows disqualified (now deleted)Earlier disqualified some widows from inheritance.
25Disqualification for murdererA person who commits murder cannot inherit property.
26Convert’s descendants disqualifiedChildren of a person who converts may lose inheritance rights.
27Succession when heir disqualifiedProperty passes as if disqualified person is not alive.
28No disqualification based on diseaseDisease or defect does not stop inheritance.
29Failure of heirsIf no heirs, property goes to government.
30Testamentary successionA Hindu can transfer property by will.