The hindu womans limited estate is abolished by the act. On 17 june 1956, the parliament of india enacted the hindu succession act in order to amend and codify the law relating to intestate succession among hindus, jains, buddhists, and sikhs. The order of succession among agnates or cognates, as the case may be. Equal rights by way of succession were already given to daughters as that of with sons by section 8 of hindu succession act, 1956 rw the schedule. It must be remembered that the relationship referred to here is relationship by blood and not by marriage. Be it enacted by parliament in the seventh year of the republic of india as follows. It is a certification given by the court, generally preceded by an investigation into heirs, required to ascertain who are the legal heirs of the deceased. Thus the ascendants and descendants of a hindu in the male line of succession or those who come in the family by adoption through males are agnates. An act to amend and codify the law relating to intestate succession among hindus. Updating and uploading of all central acts available on this web page is the proprietary of the legislative department in the ministry of law and justice. Bare act of hindu succession act 1956 with the 2005 amendment. It came on the statute book as the indian succession act, 192539 of 1925 it. The hindu succession act, 1956 30 of 1956 039 17th june, 1956 an act to amend and codify the law relating to intestate succession among hindus.
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. If class i and class ii both are missing, then there is something called agnates and cognates. Be it enacted by parliament in the fiftysixth year of the republic of india as follows. Provided online free of charge by delhi law academy for larger student benefit. Daughter shall be a coparcener of hindu family property. The hindu succession act, 1956, is a law that was passed by the parliament of. A succession certificate is used to grant authority to the heirs over the debts, securities and other assets of the deceased. On coming into force of the hindu succession act 1956, the succession to the. Hindu succession law what happens if will is missing.
How hindu succession law applies if written will is missing. Hindu succession act,1956 bare act with pdf download. There is a specific mention of disqualifications in the act. A male or female descendant by male links from a common ancestor or relatives through male lineage are called agnates. Thirdly, if there are no class second heirs then upon agnates. Succession to male deceased the hindu succession act, 1956 deals with the. However if a will is missing, then the wealth is divided as per hindu succession act 1956 laws for hindus, jains and sikhs. Chapter 1 preliminary 1 short title and extent 2 application of act. Agnates are those who are connected through the male line or descended.
As per the hindu succession act, 1956, where a hindu. The most important part under family law is hindu succession act 1956. Rule 1 of two heirs, the one who has fewer or no degrees of ascent is preferred. What is the order of succession among agnates and cognates as per indian law. The hindu succession act 1956 came with the objective of providing a comprehensive and uniform scheme of intestate succession for hindus. Prior to commencement of hindu succession act,1956 the intestate succession. Meaning of agnates and cognates under the hindu succession act, 1956 article shared by agnate means a person related to wholly through males either by blood or by adoption. Under the hsa agnates are preferred to the cognates. The hindu succession act,1956 applies if the intestate is hindu,buddhist,jain or sikh but doesnt automatically include scheduled tribes. An act further to amend the hindu succession act, 1956. This part shall not apply if the deceased was a hindu, muhammadan, buddhist, sikh or jaina.
The act was amended in 2005 by the hindu succession amendment act, 2005. Hsa along with hma, hama and hga are some of the most important topics for judiciary exams. As i have researched on the disqualification under this topic, according to hindu law, the inheritance rights of person were not absolute. Jun 20, 2018 legal heirs under hindu succession act. We have separate law for muslims and christians, but for this article sake, lets just talk about hindu succession law applicable for hindu population. Dec 05, 2011 although the hindu succession act the act is not a piece of commercial or corporate legislation but its importance in todays business world is being felt because of family separations and family feuds becoming the order of the day the act. Cognate means a person related not wholly through males. Rule 2 where the number of degrees of ascent is the same or none, that heir is preferred who has fewer or. The property of a male hindu dying intestate shall devolve according to the provisions of this chapter a firstly, upon the heirs, being the relatives specified in class i of the schedule. The kerala legislature has enacted the kerala joint hindu family system abolition act, 1975.
The procedure for a hindu male succession is given under section 8 of hindu succession act, 1956 and it devolves in the following manner. Gender inequality in hindu and muslim personal laws in india parul chaudhary. May 18, 20 however, if more than one agnates or cognates are present, then the order of succession among them is governed by the provisions of section 12 of the hindu succession act, 1956. Be it enacted by parliament in the seventh year of the republic of india as follows chapter i preliminary 1. The hindu succession act, 1956, is a law that was passed by the parliament of india in 1956 to amend and codify the law relating to intestate. Apr, 2016 there are different branches of family law.
If a hindu male leaves behind neither class i, nor class ii, nor any agnates, nor. The concept of succession succession succession means inheriting of a title, office or power from one after another in time. Where a person is related to the deceased through one. We have a separate law for muslims and christians, but for this articles sake, lets just talk about hindu succession law applicable for the hindu population. Agnate means a person related to wholly through males either by blood or by adoption. It conferred upon the widow of a man, the right to. The act governs the law relating to intestate succession among hindus. The hindu succession act, 1956, is a law that was passed by the parliament of india in 1956 to amend and codify the law relating to intestate or unwilled succession, among hindus. Short title and extent1 this act may be called the hindu succession act, 1956. There is preference for the agnates rather than the cognates. The hindu succession amendment act, 2005 a misnomer.
The hindu succession act, 1956 is an act of the parliament of india enacted to amend and codify the law relating to intestate or unwilled succession, among hindus, buddhists, jains, and sikhs. The hindu succession act 1956 is quite clear about it. Though this statute has not been expressly repealed, a similar provision has been enacted in the hindu succession act, 1956. What is succession certificate and how to obtain it. The act lays down a uniform and comprehensive system of inheritance and succession into one act. Order of succession among cognates under hindu succession act, 1956 article shared by when all heirs of the intestate male hindu specified in classes i and ii as well as agnates fail, his property shall devolve upon the cognates. Order of succession and manner of distribution among heirs of a female hindu. In the case of coparcenary property, or a case in which two people inherit property equally between them, the daughter and son are subject to the same liabilities and disabilities. The act applies to all those who are hindu as per the definition is given in the act.
Intestate succession as per the hindu succession act,1956. The hindu succession act 1956 chapter i preliminary 1. Order of succession among cognates under hindu succession. The hindu succession amendment act, 2005, amended section 6 of the hindu succession act, 1956, allowing daughters of the deceased equal rights with sons. Hindu succession act 1956 section 12 order of succession. Succession amendment act, 2005, the hindu minority and guardianship act, 1956 and the hindu adoption and maintenance act, 1956 which govern the personal laws of the hindus. The hindu succession amendment act, 2005 a misnomer though the act is hindu succession amendment act, there is nothing new qua daughters rights of succession. Secondly, if there are no class first heirs then upon class second heirs. Hindu succession act 1956 hindu succession act, 1956 30 of 1956, dt. Pdf a comparative study of the general provision of indian. Order of succession among cognates under hindu succession act. If there is no class i successor, then the property devolves upon the class ii heirs of the deceased. Succession to the property of a hindu male legal services india.
However, a class i male or female relative may make a claim on a share of the property, in which case the property would devolve upon the claimant as provided under the hindu succession act. Application of act 1 this act applies a to any person, who is a hindu by religion in any of its forms or developments including a virashaiva, a lingayat or a follower of the brahmo, prarthana or arya samaj. General rules of succession in the case of female hindus. It also includes converts and reconverts to these religions. Distribution of property as per hindu succession act, 1956. Indian succession act 1865 act x of 1865 laid down that no person shall. It also includes legitimate or illegitimate children,if one of hisher parents is hindu,buddhist,jain or sikh. Inheritance under hindu succession act who canwho cannot. The shariat act, the dissolution of muslim marriage act. Where, before or after the commencement of this act, a hindu has ceased or ceases to be hindu by conversion. All legal heirs as described in the schedule of the hindu succession act are entitled to inherit.
The word inheritance in common legal parlance is defined as property received from a decedent, either by will or through state laws of intestate succession, where the decedent has failed to execute a valid will. There is a list of heirs provided in the schedule of the act. In the same way the muslim personal laws are also based on the proclamations of holy quran which govern the muslims. Meaning of agnates and cognates under the hindu succession act, 1956. Although the hindu succession act the act is not a piece of commercial or corporate legislation but its importance in todays business world is being felt because of family separations and family feuds becoming the order of the day the act. Hindu succession act, 1956 was basically brought into effect to meet those situations only where there is no will made by hindu male or female dying before making the will and hence it has no application in case of testamentary succession that is in case where there is a will. Regardless of the fact that the heirs are hindu, the property will not devolve in accordance with the hindu succession act. Indian businesses have traditionally been family owned and run and often.
Property of a female hindu to be her absolute property. No, the expression son in hindu succession act does not include stepson. Hindu succession act with 2005 amendment delhi law academy. The updating and uploading of rules, regulations, notifications, etc. The act has been amended to keep pace with changing social requirements. However, if a will is missing, then the wealth is divided as per the hindu succession act 1956 laws for hindus, jains and sikhs. Chapter i preliminary l i this act may be called the hindu succession act, 1956. Cognates on that point, agnates and cognates are not enumerated heirs, and. Pdf basic of devolution under hindu statutory law shah jubaer. It is proposed to remove the discrimination as contained in section 6 of the hindu succession act, 1956 by giving equal rights to daughters in the hindu mitakshara coparcenary property as the sons have. In this article the researcher will mainly focused on laws related to disqualification under hindu succession act 1956, what old hindu law and modern hindu laws says about disqualification.