The Hindu Succession Act, 1956

(1) This Act may be called the Hindu Succession Act, 1956. (2) It extends to the whole of India 1***.

(1) This Act applies-- (a) to any person, who is a Hindu by religion in any of its forms or developments, including aVirashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj, (b) to any person who is a Buddhist, Jaina or Sikh by religion, and (c) to any other person who is not a Muslim, Christian, Parsi or Jew by religion, unless it isproved that any such person would not have been governed by the Hindu law or by any custom orusage as part of that law in respect of any of the matters dealt with herein if this Act had not beenpassed. Explanation.-- The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the casemay be:-- (a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas orSikhs by religion; (b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikhby religion and who is brought up as a member of the tribe, community, group or family to whichsuch parent belongs or belonged; (c) any person who is a convert or reconvert to the Hindu, Buddhist, Jaina or Sikh religion. (2) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall applyto the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of theConstitution unless the Central Government, by notification in the Official Gazette, otherwise directs. (3) The expression "Hindu" in any portion of this Act shall be construed as if it included a personwho, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of theprovisions contained in this section.

(1) In this Act, unless the context otherwise requires,-- (a) "agnate" person is said to be an agnate of another if the two are related by blood oradoption wholly through males; (b) "aliyasantana law" means the system of law applicable to persons who, if this Act had notbeen passed, would have been governed by the Madras Aliyasantana Act, 1949, (Madras Act 9 of1949) or by the customary aliyasantana law with respect to the matters for which provision is made inthis Act; (c) "cognate" person is said to be a cognate of another if the two are related by blood oradoption but not wholly through males; (d) the expressions "custom" and "usage" signify any rule which, having been continuously anduniformly 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 discontinuedby the family; (e) full blood "half blood" and "uterine blood"-- (i) two persons are said to be related to each other by full blood when they are descendedfrom a common ancestor by the same wife, and by half blood when they are descended from acommon ancestor but by different wives; (ii) two persons are said to be related to each other by uterine blood when they are descendedfrom a common ancestress but by different husbands; Explanation.In this clause ancestor includes the father and ancestress the mother; (f) "heir" means any person, male or female, who is entitled to succeed to the property of anintestate under this Act; (g) "intestate"a person is deemed to die intestate in respect of property of which he or she hasnot made a testamentary disposition capable of taking effect; (h) "marumakkattayam law" means the system of law applicable to persons (a) who, if this Act had not been passed, would have been governed by the MadrasMarumakkattayam Act, 1932 (Madras Act 22 of 1933); the Travancore Nayar Act (2 of 1100K); the Travancore Ezhava Act (3 of 1100K); the Travancore Nanjinad Vellala Act (6 of 1101K); theTravancore Kshatriya Act (7 of 1108K); the Travancore Krishnanvaka Marumakkathayee (Act 7of 1115K); the Cochin Marumakkathayam Act (33 of 1113K); or the Cochin Nayar Act (29 of1113K); with respect to the matters for which provision is made in this Act; or (b) who belong to any community, the members of which are largely domiciled in the State ofTravancore Cochin or Madras 2[as it existed immediately before the 1st November, 1956], andwho, if this Act had not been passed, would have been governed with respect to the matters forwhich provision is made in this Act by any system of inheritance in which descent is tracedthrough the female line; but does not include the aliyasantana law; (i) "nambudri law" means the system of law applicable to persons who, if this Act had not beenpassed, would have been governed by the Madras Nambudri Act, 1932 Madras Act (21 of 1933); theCochin Nambudri Act (17 of 111K); or the Travancore Malayala Brahmin Act (3 of 1106K); withrespect to the matters for which provision is made in this Act; (j) "related" means related by legitimate kinship: Provided that illegitimate children shall be deemed to be related to their mother and to oneanother, and their legitimate descendants shall be deemed to be related to them and to one another; and any word expressing relationship or denoting a relative shall be construed accordingly. (2) In this Act, unless the context otherwise requires, words importing the masculine gender shall notbe taken to include females.

(1) Save as otherwise expressly provided in this Act, (a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in forceimmediately before the commencement of this Act shall cease to have effect with respect to anymatter for which provision is made in this Act; (b) any other law in force immediately before the commencement of this Act shall cease to applyto Hindus in so far as it is inconsistent with any of the provisions contained in this Act. 1*****

This Act shall not apply to― (i) any property succession to which is regulated by the Indian Succession Act, 1925 ( 39 of1925), by reason of the provisions contained in section 21 of the Special Marriage Act, 1954 (43 of1954); (ii) any estate which descends to a single heir by the terms of any covenant or agreement enteredinto by the Ruler of any Indian State with the Government of India or by the terms of any enactmentpassed before the commencement of this Act; (iii) the Valiamma Thampuran Kovilagam Estate and the Palace Fund administered by the PalaceAdministration Board by reason of the powers conferred by Proclamation (IX of 1124) dated 29thJune, 1949, promulgated by the Maharaja of Cochin.