THE HINDU SUCCESSION ACT, 1956

What is the subject matter of the Hindu Succession Act, 1956?

It is an Act to amend and codify the law relating to intestate succession among Hindus.

What is the name of the Act?

The name of the Act is the Hindu Succession Act, 1956.

What is the Act number of the Hindu Succession Act, 1956?

It is Act No. 30 of 1956.

On which date did the Hindu Succession Act, 1956 receive enactment?

It was enacted on 17th June, 1956.

What is the object of the Hindu Succession Act, 1956?

Its object is to amend and codify the law relating to intestate succession among Hindus.

To what kind of succession does the Hindu Succession Act, 1956 relate?

It relates to intestate succession among Hindus.

Who enacted the Hindu Succession Act, 1956?

It was enacted by Parliament.

In which year of the Republic was the Hindu Succession Act, 1956 enacted?

It was enacted in the Seventh Year of the Republic of India.

CHAPTER-I

PRELIMINARY

What is the subject matter of Section 1 of the Hindu Succession Act, 1956?

Section 1 deals with short title and extent.

What is the short title of the Act under Section 1(1) of the Hindu Succession Act, 1956?

This Act may be called the Hindu Succession Act, 1956.

What is the extent of the Hindu Succession Act, 1956 under Section 1(2)?

It extends to the whole of India.

What is the subject matter of Section 2 of the Hindu Succession Act, 1956?

Section 2 deals with the application of the Act.

To whom does the Hindu Succession Act, 1956 apply under Section 2(1)?

It applies to persons specified in clauses (a), (b) and (c) of sub-section (1).

To whom does the Act apply under Section 2(1)(a)?

It applies to any person who is a Hindu by religion in any of its forms or developments.

Who are specifically included as Hindus under Section 2(1)(a)?

A Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj are included.

To whom does the Act apply under Section 2(1)(b)?

It applies to any person who is a Buddhist, Jaina or Sikh by religion.

To whom does the Act apply under Section 2(1)(c)?

It applies to any other person who is not a Muslim, Christian, Parsi or Jew by religion.

What is the exception under Section 2(1)(c) to the application of the Act?

The Act shall not apply if it is proved that such person would not have been governed by Hindu law or by any custom or usage as part of that law in respect of any matters dealt with herein if this Act had not been passed.

What is the nature of proof required under Section 2(1)(c) to exclude application of the Act?

It must be proved that such person would not have been governed by Hindu law or by any custom or usage as part of that law in respect of the matters dealt with herein if this Act had not been passed.

Who are deemed to be Hindus, Buddhists, Jainas or Sikhs by religion under the Explanation to Section 2(1)?

The persons specified in clauses (a), (b) and (c) of the Explanation are so deemed.

Who is covered under Explanation (a) to Section 2(1)?

Any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion.

Does Explanation (a) to Section 2(1) include illegitimate children?

Yes, it includes any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion.

Who is covered under Explanation (b) to Section 2(1)?

Any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged.

What are the two conditions under Explanation (b) to Section 2(1)?

One parent must be a Hindu, Buddhist, Jaina or Sikh by religion and the child must be brought up as a member of the tribe, community, group or family to which such parent belongs or belonged.

Who is covered under Explanation (c) to Section 2(1)?

Any person who is a convert or reconvert to the Hindu, Buddhist, Jaina or Sikh religion.

Does the Act apply to converts or reconverts under Section 2 Explanation (c)?

Yes, any person who is a convert or reconvert to the Hindu, Buddhist, Jaina or Sikh religion is covered.

What is the effect of Section 2(2) notwithstanding sub-section (1)?

Nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government otherwise directs.

To whom does Section 2(2) exclude the application of the Act?

It excludes members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution.

When can the Act apply to members of a Scheduled Tribe under Section 2(2)?

It can apply if the Central Government by notification in the Official Gazette otherwise directs.

What is the mode by which the Central Government may apply the Act to Scheduled Tribes under Section 2(2)?

By notification in the Official Gazette.

What is the meaning of the expression “Hindu” in any portion of this Act under Section 2(3)?

It shall be construed as if it included a person who, though not a Hindu by religion, is nevertheless a person to whom this Act applies by virtue of this section.

Can a person not Hindu by religion still be treated as “Hindu” for the purposes of this Act under Section 2(3)?

Yes, if such person is one to whom this Act applies by virtue of Section 2.

What is the subject matter of Section 3 of the Hindu Succession Act, 1956?

Section 3 deals with definitions and interpretation.

When do the definitions in Section 3(1) apply?

They apply unless the context otherwise requires.

Who is an “agnate” under Section 3(1)(a)?

One person is said to be an agnate of another if the two are related by blood or adoption wholly through males.

What is “aliyasantana law” under Section 3(1)(b)?

It means the system of law applicable to persons who, if this Act had not been passed, would have been governed by the Madras Aliyasantana Act, 1949 or by the customary aliyasantana law with respect to the matters for which provision is made in this Act.

Who is a “cognate” under Section 3(1)(c)?

One person is said to be a cognate of another if the two are related by blood or adoption but not wholly through males.

What do the expressions “custom” and “usage” signify under Section 3(1)(d)?

They signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family.

What is the first proviso to Section 3(1)(d)?

The rule must be certain and not unreasonable or opposed to public policy.

What is the second proviso to Section 3(1)(d)?

In the case of a rule applicable only to a family, it must not have been discontinued by the family.

When are two persons related by full blood under Section 3(1)(e)(i)?

They are related by full blood when they are descended from a common ancestor by the same wife.

When are two persons related by half blood under Section 3(1)(e)(i)?

They are related by half blood when they are descended from a common ancestor but by different wives.

When are two persons related by uterine blood under Section 3(1)(e)(ii)?

They are related by uterine blood when they are descended from a common ancestress but by different husbands.

What does “ancestor” include in the Explanation to Section 3(1)(e)?

“Ancestor” includes the father.

What does “ancestress” include in the Explanation to Section 3(1)(e)?

“Ancestress” includes the mother.

Who is an “heir” under Section 3(1)(f)?

It means any person, male or female, who is entitled to succeed to the property of an intestate under this Act.

Who is an “intestate” under Section 3(1)(g)?

A person is deemed to die intestate in respect of property of which he or she has not made a testamentary disposition capable of taking effect.

What is “marumakkattayam law” under Section 3(1)(h)?

It means the system of law applicable to persons specified in clauses (a) and (b) of Section 3(1)(h), but does not include the aliyasantana law.

Who is covered under Section 3(1)(h)(a) in relation to marumakkattayam law?

Persons who, if this Act had not been passed, would have been governed by the specified Madras, Travancore and Cochin enactments with respect to the matters for which provision is made in this Act.

Which Madras enactment is mentioned in Section 3(1)(h)(a)?

The Madras Marumakkattayam Act, 1932 (Madras Act 22 of 1933).

Which Travancore enactments are mentioned in Section 3(1)(h)(a)?

The Travancore Nayar Act, the Travancore Ezhava Act, the Travancore Nanjinad Vellala Act, the Travancore Kshatriya Act and the Travancore Krishnanvaka Marumak kathayee Act.

Which Cochin enactments are mentioned in Section 3(1)(h)(a)?

The Cochin Marumak kathayam Act and the Cochin Nayar Act.

Who is covered under Section 3(1)(h)(b) in relation to marumakkattayam law?

A person who belongs to any community whose members are largely domiciled in the State of Travancore Cochin or Madras as it existed immediately before 1st November, 1956, and who would have been governed by a system of inheritance in which descent is traced through the female line.

What is the domicile requirement under Section 3(1)(h)(b)?

The members of the community must be largely domiciled in the State of Travancore Cochin or Madras as it existed immediately before 1st November, 1956.

What is the inheritance-system requirement under Section 3(1)(h)(b)?

The person would have been governed by a system of inheritance in which descent is traced through the female line.

What is expressly excluded from “marumakkattayam law” under Section 3(1)(h)?

It does not include the aliyasantana law.

What is “nambudri law” under Section 3(1)(i)?

It means the system of law applicable to persons who, if this Act had not been passed, would have been governed by the Madras Nambudri Act, 1932, the Cochin Nambudri Act, or the Travancore Malayala Brahmin Act with respect to the matters for which provision is made in this Act.

Which Madras enactment is referred to in the definition of “nambudri law” under Section 3(1)(i)?

The Madras Nambudri Act, 1932 (Madras Act 21 of 1933).

Which Cochin enactment is referred to in the definition of “nambudri law” under Section 3(1)(i)?

The Cochin Nambudri Act (17 of 111K).

Which Travancore enactment is referred to in the definition of “nambudri law” under Section 3(1)(i)?

The Travancore Malayala Brahmin Act (3 of 1106K).

What does “related” mean under Section 3(1)(j)?

It means related by legitimate kinship.

What is the proviso to the definition of “related” under Section 3(1)(j) regarding illegitimate children?

Illegitimate children shall be deemed to be related to their mother and to one another.

What is the proviso to Section 3(1)(j) regarding legitimate descendants of illegitimate children?

Their legitimate descendants shall be deemed to be related to them and to one another.

How are words expressing relationship or denoting a relative to be construed under Section 3(1)(j)?

They shall be construed accordingly.

What is the rule of interpretation in Section 3(2) regarding masculine gender?

Unless the context otherwise requires, words importing the masculine gender shall not be taken to include females.

What is the subject matter of Section 4 of the Hindu Succession Act, 1956?

Section 4 deals with the overriding effect of the Act.

What is the opening qualification in Section 4(1) of the Hindu Succession Act, 1956?

It operates save as otherwise expressly provided in this Act.

What is the effect of Section 4(1)(a) on pre-existing Hindu law texts, rules or interpretations?

Any text, rule or interpretation of Hindu law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act.

What is the effect of Section 4(1)(a) on pre-existing custom or usage as part of Hindu law?

Any custom or usage as part of Hindu law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act.

From when must the text, rule, interpretation, custom or usage exist for Section 4(1)(a) to apply?

It must be in force immediately before the commencement of this Act.

In respect of what matters do pre-existing Hindu law texts, rules, interpretations, customs or usages cease to have effect under Section 4(1)(a)?

They cease to have effect with respect to any matter for which provision is made in this Act.

What is the effect of Section 4(1)(b) on other laws in force before the commencement of this Act?

Any other law in force immediately before the commencement of this Act shall cease to apply to Hindus in so far as it is inconsistent with any of the provisions contained in this Act.

From when must the other law be in force for Section 4(1)(b) to apply?

It must be in force immediately before the commencement of this Act.

To whom does Section 4(1)(b) apply?

It applies to Hindus.

To what extent does any other pre-existing law cease to apply under Section 4(1)(b)?

It ceases to apply to Hindus in so far as it is inconsistent with any of the provisions contained in this Act.

What is the test for cessation of application under Section 4(1)(b)?

The test is inconsistency with any of the provisions contained in this Act.

CHAPTER-II

INTESTATE SUCCESSION

What is the subject matter of Section 5 of the Hindu Succession Act, 1956?

Section 5 deals with properties to which the Act does not apply.

To what properties does the Hindu Succession Act, 1956 not apply under Section 5?

It shall not apply to the properties specified in clauses (i), (ii) and (iii) of Section 5.

What property is excluded under Section 5(i)?

Any property succession to which is regulated by the Indian Succession Act, 1925 by reason of section 21 of the Special Marriage Act, 1954.

When is property excluded under Section 5(i)?

When succession to such property is regulated by the Indian Succession Act, 1925 by reason of section 21 of the Special Marriage Act, 1954.

What estate is excluded under Section 5(ii)?

Any estate which descends to a single heir by the terms of any covenant or agreement entered into by the Ruler of any Indian State with the Government of India or by the terms of any enactment passed before the commencement of this Act.

What is the first basis of exclusion under Section 5(ii)?

The estate must descend to a single heir by the terms of any covenant or agreement entered into by the Ruler of any Indian State with the Government of India.

What is the second basis of exclusion under Section 5(ii)?

The estate must descend to a single heir by the terms of any enactment passed before the commencement of this Act.

What property is excluded under Section 5(iii)?

The Valiamma Thampuran Kovilagam Estate and the Palace Fund administered by the Palace Administration Board.

Why are the Valiamma Thampuran Kovilagam Estate and Palace Fund excluded under Section 5(iii)?

They are excluded by reason of the powers conferred by Proclamation (IX of 1124) dated 29th June, 1949, promulgated by the Maharaja of Cochin.

What is the subject matter of Section 6 of the Hindu Succession Act, 1956?

Section 6 deals with devolution of interest in coparcenary property.

From when does Section 6(1) operate?

It operates on and from the commencement of the Hindu Succession (Amendment) Act, 2005 (39 of 2005).

To which family does Section 6(1) apply?

It applies to a Joint Hindu family governed by the Mitakshara law.

Who becomes a coparcener by birth under Section 6(1)?

The daughter of a coparcener becomes a coparcener by birth.

How does a daughter become a coparcener under Section 6(1)(a)?

She becomes a coparcener in her own right in the same manner as the son.

What rights does a daughter have under Section 6(1)(b)?

She has the same rights in the coparcenary property as she would have had if she had been a son.

What liabilities does a daughter have under Section 6(1)(c)?

She is subject to the same liabilities in respect of the coparcenary property as that of a son.

How is the expression “Hindu Mitakshara coparcener” to be construed under Section 6(1)?

It shall be deemed to include a reference to a daughter of a coparcener.

What is the proviso to Section 6(1)?

Nothing in sub-section (1) shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before 20th December, 2004.

What transactions are protected by the proviso to Section 6(1)?

Any disposition or alienation including any partition or testamentary disposition of property before 20th December, 2004.

What is the cut-off date under the proviso to Section 6(1)?

The cut-off date is 20th December, 2004.

How is property acquired by a female Hindu under Section 6(2) to be held?

It shall be held by her with the incidents of coparcenary ownership.

How is property acquired by a female Hindu under Section 6(2) to be regarded?

It shall be regarded, notwithstanding anything contained in this Act or any other law for the time being in force, as property capable of being disposed of by her by testamentary disposition.

What is the overriding effect in Section 6(2)?

The property shall be regarded as capable of testamentary disposition notwithstanding anything contained in this Act or any other law for the time being in force.

When does Section 6(3) apply?

It applies where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act, 2005 (39 of 2005).

How does the interest of a Hindu in Mitakshara coparcenary property devolve under Section 6(3)?

It shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship.

What is the legal fiction under Section 6(3) regarding coparcenary property?

The coparcenary property shall be deemed to have been divided as if a partition had taken place.

What is the rule under Section 6(3)(a)?

The daughter is allotted the same share as is allotted to a son.

What is the rule under Section 6(3)(b) regarding a pre-deceased son or pre-deceased daughter?

The share they would have got had they been alive at the time of partition shall be allotted to the surviving child of such pre-deceased son or pre-deceased daughter.

What is the rule under Section 6(3)(c) regarding a pre-deceased child of a pre-deceased son or pre-deceased daughter?

The share such child would have got had he or she been alive at the time of partition shall be allotted to the child of such pre-deceased child.

What is the meaning of the interest of a Hindu Mitakshara coparcener under the Explanation to Section 6(3)?

It shall be deemed to be the share in the property that would have been allotted to him if a partition had taken place immediately before his death.

Does the Explanation to Section 6(3) apply irrespective of entitlement to claim partition?

Yes, it applies irrespective of whether he was entitled to claim partition or not.

What is the effect of Section 6(4) after the commencement of the 2005 Amendment?

No court shall recognise any right to proceed against a son, grandson or great-grandson for recovery of any debt due from his father, grandfather or great-grandfather solely on the ground of pious obligation under Hindu law.

Against whom can no right be recognised under Section 6(4)?

Against a son, grandson or great-grandson.

For recovery of whose debt does Section 6(4) bar proceedings?

For recovery of any debt due from his father, grandfather or great-grandfather.

On what ground is proceeding barred under Section 6(4)?

Solely on the ground of the pious obligation under Hindu law to discharge such debt.

What is the proviso to Section 6(4) regarding debts contracted before the 2005 Amendment?

Nothing in sub-section (4) shall affect the matters specified in clauses (a) and (b) in the case of any debt contracted before the commencement of the Hindu Succession (Amendment) Act, 2005.

What right is saved by the proviso to Section 6(4)(a)?

The right of any creditor to proceed against the son, grandson or great-grandson, as the case may be.

What alienation is saved by the proviso to Section 6(4)(b)?

Any alienation made in respect of or in satisfaction of any such debt.

How are the saved right and alienation under the proviso to Section 6(4) enforceable?

They shall be enforceable under the rule of pious obligation in the same manner and to the same extent as if the Hindu Succession (Amendment) Act, 2005 had not been enacted.

What is the meaning of “son”, “grandson” or “great-grandson” in the Explanation to Section 6(4)(a)?

It shall be deemed to refer to the son, grandson or great-grandson, as the case may be, who was born or adopted prior to the commencement of the Hindu Succession (Amendment) Act, 2005.

What is the effect of Section 6(5)?

Nothing contained in this section shall apply to a partition which has been effected before 20th December, 2004.

What is the cut-off date under Section 6(5)?

The cut-off date is 20th December, 2004.

What is “partition” for the purposes of Section 6 under the Explanation to Section 6(5)?

It means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 or partition effected by a decree of a court.

What kind of deed qualifies as partition under the Explanation to Section 6(5)?

A deed of partition duly registered under the Registration Act, 1908.

Can a court decree amount to partition under the Explanation to Section 6(5)?

Yes, partition effected by a decree of a court is a partition for the purposes of this section.

What is the subject matter of Section 7 of the Hindu Succession Act, 1956?

Section 7 deals with devolution of interest in the property of a tarwad, tavazhi, kutumba, kavaru or illom.

When does Section 7(1) apply?

It applies when a Hindu to whom the marumakkattayam or nambudri law would have applied if this Act had not been passed dies after the commencement of this Act.

To whom does Section 7(1) apply?

It applies to a Hindu to whom the marumakkattayam or nambudri law would have applied if this Act had not been passed.

What is the property condition under Section 7(1)?

The deceased must have at the time of his or her death an interest in the property of a tarwad, tavazhi or illom, as the case may be.

How does the interest devolve under Section 7(1)?

His or her interest in the property shall devolve by testamentary or intestate succession, as the case may be, under this Act.

According to what law does the interest not devolve under Section 7(1)?

It shall not devolve according to the marumakkattayam or nambudri law.

What is the meaning of the interest of a Hindu in the property of a tarwad, tavazhi or illom under the Explanation to Section 7(1)?

It shall be deemed to be the share in the property of the tarwad, tavazhi or illom that would have fallen to him or her if a partition of that property per capita had been made immediately before his or her death among all the members then living.

When is the deemed partition under the Explanation to Section 7(1) assumed to take place?

It is assumed to take place immediately before his or her death.

How is the partition under the Explanation to Section 7(1) to be made?

It is to be made per capita.

Among whom is the deemed partition under the Explanation to Section 7(1) to be made?

Among all the members of the tarwad, tavazhi or illom, as the case may be, then living.

Does the Explanation to Section 7(1) apply even if the deceased was not entitled to claim partition?

Yes, it applies whether he or she was entitled to claim such partition or not under the marumakkattayam or nambudri law applicable to him or her.

How is the deemed share treated under the Explanation to Section 7(1)?

Such share shall be deemed to have been allotted to him or her absolutely.

When does Section 7(2) apply?

It applies when a Hindu to whom the aliyasantana law would have applied if this Act had not been passed dies after the commencement of this Act.

To whom does Section 7(2) apply?

It applies to a Hindu to whom the aliyasantana law would have applied if this Act had not been passed.

What is the property condition under Section 7(2)?

The deceased must have at the time of his or her death an undivided interest in the property of a kutumba or kavaru, as the case may be.

How does the interest devolve under Section 7(2)?

His or her interest in the property shall devolve by testamentary or intestate succession, as the case may be, under this Act.

According to what law does the interest not devolve under Section 7(2)?

It shall not devolve according to the aliyasantana law.

What is the meaning of the interest of a Hindu in the property of a kutumba or kavaru under the Explanation to Section 7(2)?

It shall be deemed to be the share in the property of the kutumba or kavaru that would have fallen to him or her if a partition of that property per capita had been made immediately before his or her death among all the members then living.

When is the deemed partition under the Explanation to Section 7(2) assumed to take place?

It is assumed to take place immediately before his or her death.

How is the partition under the Explanation to Section 7(2) to be made?

It is to be made per capita.

Among whom is the deemed partition under the Explanation to Section 7(2) to be made?

Among all the members of the kutumba or kavaru, as the case may be, then living.

Does the Explanation to Section 7(2) apply even if the deceased was not entitled to claim partition?

Yes, it applies whether he or she was entitled to claim such partition or not under the aliyasantana law.

How is the deemed share treated under the Explanation to Section 7(2)?

Such share shall be deemed to have been allotted to him or her absolutely.

What is the overriding clause in Section 7(3)?

It operates notwithstanding anything contained in sub-section (1).

When does Section 7(3) apply?

It applies when a sthanamdar dies after the commencement of this Act.

How does the sthanam property devolve under Section 7(3)?

The sthanam property held by him shall devolve upon the members of the family to which the sthanamdar belonged and the heirs of the sthanamdar.

What is the legal fiction under Section 7(3) for devolution of sthanam property?

The sthanam property shall devolve as if it had been divided per capita immediately before the death of the sthanamdar among himself and all the members of his family then living.

When is the deemed division under Section 7(3) assumed to take place?

It is assumed to take place immediately before the death of the sthanamdar.

How is the deemed division under Section 7(3) to be made?

It is to be made per capita.

Among whom is the deemed division under Section 7(3) to be made?

Among the sthanamdar himself and all the members of his family then living.

How are the shares falling to the members of the family and the heirs of the sthanamdar to be held under Section 7(3)?

They shall be held by them as their separate property.

What is included in the family of a sthanamdar under the Explanation to Section 7(3)?

It shall include every branch of that family, whether divided or undivided.

Which branches are included in the family of a sthanamdar under the Explanation to Section 7(3)?

Every branch, whether divided or undivided, the male members of which would have been entitled by any custom or usage to succeed to the position of sthanamdar if this Act had not been passed.

What is the test for inclusion of a branch in the family of a sthanamdar under the Explanation to Section 7(3)?

The male members of such branch would have been entitled by any custom or usage to succeed to the position of sthanamdar if this Act had not been passed.

What is the subject matter of Section 8 of the Hindu Succession Act, 1956?

Section 8 deals with the general rules of succession in the case of males.

To whose property does Section 8 apply?

It applies to the property of a male Hindu dying intestate.

How shall the property of a male Hindu dying intestate devolve under Section 8?

It shall devolve according to the provisions of this Chapter.

Who succeed firstly under Section 8(a)?

Firstly, the heirs being the relatives specified in class I of the Schedule.

When do class I heirs succeed under Section 8(a)?

They succeed firstly on the intestate property of a male Hindu.

Who succeed secondly under Section 8(b)?

Secondly, if there is no heir of class I, the heirs being the relatives specified in class II of the Schedule.

What is the condition for succession by class II heirs under Section 8(b)?

There must be no heir of class I.

Who succeed thirdly under Section 8(c)?

Thirdly, if there is no heir of any of the two classes, the agnates of the deceased.

What is the condition for succession by agnates under Section 8(c)?

There must be no heir of class I or class II.

Who succeed lastly under Section 8(d)?

Lastly, if there is no agnate, the cognates of the deceased.

What is the condition for succession by cognates under Section 8(d)?

There must be no agnate.

What is the order of succession under Section 8 of the Hindu Succession Act, 1956?

The order is class I heirs, then class II heirs, then agnates, and lastly cognates.

What is the subject matter of Section 9 of the Hindu Succession Act, 1956?

Section 9 deals with the order of succession among heirs in the Schedule.

Among which heirs does Section 9 prescribe the order of succession?

It prescribes the order among the heirs specified in the Schedule.

How do class I heirs take under Section 9?

The heirs in class I shall take simultaneously and to the exclusion of all other heirs.

Do class I heirs exclude all other heirs under Section 9?

Yes, class I heirs take simultaneously and to the exclusion of all other heirs.

How are heirs in class II preferred under Section 9?

Those in the first entry in class II shall be preferred to those in the second entry, those in the second entry shall be preferred to those in the third entry, and so on in succession.

What is the rule of preference among entries in class II under Section 9?

Earlier entries are preferred over later entries in succession.

Are heirs within the same entry of class II preferred over one another under Section 9?

No, the section provides preference between entries and not among heirs within the same entry.

What is the subject matter of Section 10 of the Hindu Succession Act, 1956?

Section 10 deals with distribution of property among heirs in class I of the Schedule.

How shall the property of an intestate be divided under Section 10?

The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the rules specified in this section.

What is Rule 1 under Section 10 of the Hindu Succession Act, 1956?

The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.

How much share does a single widow take under Rule 1 of Section 10?

The intestate’s widow shall take one share.

How are multiple widows treated under Rule 1 of Section 10?

If there are more widows than one, all the widows together shall take one share.

What is Rule 2 under Section 10 of the Hindu Succession Act, 1956?

The surviving sons and daughters and the mother of the intestate shall each take one share.

How much share does each surviving son take under Rule 2 of Section 10?

Each surviving son shall take one share.

How much share does each surviving daughter take under Rule 2 of Section 10?

Each surviving daughter shall take one share.

How much share does the mother of the intestate take under Rule 2 of Section 10?

The mother of the intestate shall take one share.

What is Rule 3 under Section 10 of the Hindu Succession Act, 1956?

The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.

How much share does the branch of each pre-deceased son take under Rule 3 of Section 10?

The heirs in the branch of each pre-deceased son shall take between them one share.

How much share does the branch of each pre-deceased daughter take under Rule 3 of Section 10?

The heirs in the branch of each pre-deceased daughter shall take between them one share.

What is Rule 4 under Section 10 of the Hindu Succession Act, 1956?

Rule 4 provides for the distribution of the share referred to in Rule 3 among the heirs in the branch of the pre-deceased son and the branch of the pre-deceased daughter.

How is the share referred to in Rule 3 distributed among the heirs in the branch of the pre-deceased son under Rule 4(i)?

It shall be so made that his widow or widows together and the surviving sons and daughters get equal portions.

How are multiple widows of a pre-deceased son treated under Rule 4(i) of Section 10?

His widow or widows together get equal portions along with the surviving sons and daughters.

How are the surviving sons and daughters in the branch of a pre-deceased son treated under Rule 4(i)?

The surviving sons and daughters get equal portions.

How is the branch of the pre-deceased sons of a pre-deceased son treated under Rule 4(i)?

The branch of his pre-deceased sons gets the same portion.

How is the share referred to in Rule 3 distributed among the heirs in the branch of the pre-deceased daughter under Rule 4(ii)?

It shall be so made that the surviving sons and daughters get equal portions.

How are the surviving sons and daughters in the branch of a pre-deceased daughter treated under Rule 4(ii)?

The surviving sons and daughters get equal portions.

What is the subject matter of Section 11 of the Hindu Succession Act, 1956?

Section 11 deals with distribution of property among heirs in class II of the Schedule.

How shall the property of an intestate be divided under Section 11?

The property of an intestate shall be divided between the heirs specified in any one entry in class II of the Schedule so that they share equally.

Among whom is the property divided under Section 11?

It is divided between the heirs specified in any one entry in class II of the Schedule.

Do heirs in one entry of class II take equally under Section 11?

Yes, the heirs specified in any one entry in class II of the Schedule share equally.

What is the subject matter of Section 12 of the Hindu Succession Act, 1956?

Section 12 deals with the order of succession among agnates and cognates.

How shall the order of succession among agnates or cognates be determined under Section 12?

It shall be determined in accordance with the rules of preference laid down in this section.

What is Rule 1 under Section 12?

Of two heirs, the one who has fewer or no degrees of ascent is preferred.

Which heir is preferred under Rule 1 of Section 12?

The heir who has fewer or no degrees of ascent is preferred.

What is Rule 2 under Section 12?

Where the number of degrees of ascent is the same or none, that heir is preferred who has fewer or no degrees of descent.

When does Rule 2 under Section 12 apply?

It applies where the number of degrees of ascent is the same or none.

Which heir is preferred under Rule 2 of Section 12?

The heir who has fewer or no degrees of descent is preferred.

What is Rule 3 under Section 12?

Where neither heir is entitled to be preferred to the other under Rule 1 or Rule 2, they take simultaneously.

When do agnates or cognates take simultaneously under Rule 3 of Section 12?

They take simultaneously when neither heir is entitled to preference under Rule 1 or Rule 2.

What is the subject matter of Section 13 of the Hindu Succession Act, 1956?

Section 13 deals with computation of degrees.

For what purpose does Section 13(1) provide computation of degrees?

It provides computation for determining the order of succession among agnates or cognates.

How is relationship to be reckoned under Section 13(1)?

Relationship shall be reckoned from the intestate to the heir in terms of degrees of ascent or degrees of descent or both, as the case may be.

From whom is relationship reckoned under Section 13(1)?

It is reckoned from the intestate to the heir.

In what terms is relationship reckoned under Section 13(1)?

It is reckoned in terms of degrees of ascent or degrees of descent or both, as the case may be.

How are degrees of ascent and degrees of descent computed under Section 13(2)?

They shall be computed inclusive of the intestate.

Is the intestate included in computation of degrees under Section 13(2)?

Yes, degrees of ascent and degrees of descent shall be computed inclusive of the intestate.

What constitutes a degree under Section 13(3)?

Every generation constitutes a degree either ascending or descending.

What is the subject matter of Section 14 of the Hindu Succession Act, 1956?

Section 14 deals with property of a female Hindu to be her absolute property.

What is the general rule under Section 14(1)?

Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.

What kind of property is covered under Section 14(1)?

Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act.

How does a female Hindu hold property under Section 14(1)?

She shall hold it as full owner thereof and not as a limited owner.

Does Section 14(1) apply to property acquired before the commencement of the Act?

Yes, it applies to property acquired before the commencement of this Act.

Does Section 14(1) apply to property acquired after the commencement of the Act?

Yes, it applies to property acquired after the commencement of this Act.

What does “property” include under the Explanation to Section 14(1)?

It includes both movable and immovable property acquired by a female Hindu in the modes specified in the Explanation.

Does “property” under the Explanation to Section 14(1) include movable and immovable property?

Yes, it includes both movable and immovable property.

Does “property” under the Explanation to Section 14(1) include property acquired by inheritance?

Yes, it includes property acquired by inheritance.

Does “property” under the Explanation to Section 14(1) include property acquired by devise?

Yes, it includes property acquired by devise.

Does “property” under the Explanation to Section 14(1) include property acquired at a partition?

Yes, it includes property acquired at a partition.

Does “property” under the Explanation to Section 14(1) include property acquired in lieu of maintenance?

Yes, it includes property acquired in lieu of maintenance.

Does “property” under the Explanation to Section 14(1) include property acquired in arrears of maintenance?

Yes, it includes property acquired in arrears of maintenance.

Does “property” under the Explanation to Section 14(1) include property acquired by gift from any person?

Yes, it includes property acquired by gift from any person, whether a relative or not.

Can the gift under the Explanation to Section 14(1) be from a non-relative?

Yes, the gift may be from any person, whether a relative or not.

At what time can the gift be made under the Explanation to Section 14(1)?

It may be made before, at or after her marriage.

Does “property” under the Explanation to Section 14(1) include property acquired by her own skill or exertion?

Yes, it includes property acquired by her own skill or exertion.

Does “property” under the Explanation to Section 14(1) include property acquired by purchase?

Yes, it includes property acquired by purchase.

Does “property” under the Explanation to Section 14(1) include property acquired by prescription?

Yes, it includes property acquired by prescription.

Does “property” under the Explanation to Section 14(1) include property acquired in any other manner whatsoever?

Yes, it includes property acquired in any other manner whatsoever.

Does “property” under the Explanation to Section 14(1) include stridhana held immediately before commencement of the Act?

Yes, it includes any such property held by her as stridhana immediately before the commencement of this Act.

What is the exception under Section 14(2)?

Nothing contained in sub-section (1) shall apply to property acquired in the modes specified in sub-section (2) where the terms prescribe a restricted estate.

What modes of acquisition are covered by Section 14(2)?

Property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award.

When does Section 14(2) exclude the application of Section 14(1)?

When the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.

Does Section 14(1) apply to property acquired by gift where the gift prescribes a restricted estate?

No, Section 14(1) does not apply where the terms of the gift prescribe a restricted estate.

Does Section 14(1) apply to property acquired under a will prescribing a restricted estate?

No, Section 14(1) does not apply where the terms of the will prescribe a restricted estate.

Does Section 14(1) apply to property acquired under any other instrument prescribing a restricted estate?

No, Section 14(1) does not apply where the terms of the instrument prescribe a restricted estate.

Does Section 14(1) apply to property acquired under a decree or order of a civil court prescribing a restricted estate?

No, Section 14(1) does not apply where the decree or order prescribes a restricted estate.

Does Section 14(1) apply to property acquired under an award prescribing a restricted estate?

No, Section 14(1) does not apply where the award prescribes a restricted estate.

What is the subject matter of Section 15 of the Hindu Succession Act, 1956?

Section 15 lays down the general rules of succession in the case of female Hindus.

How does the property of a female Hindu dying intestate devolve under Section 15(1)?

It shall devolve according to the rules set out in Section 16.

Who are the first heirs under Section 15(1)(a)?

Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband.

Are children of a pre-deceased son included in Section 15(1)(a)?

Yes, children of any pre-deceased son are included.

Are children of a pre-deceased daughter included in Section 15(1)(a)?

Yes, children of any pre-deceased daughter are included.

Who are the second heirs under Section 15(1)(b)?

Secondly, upon the heirs of the husband.

Who are the third heirs under Section 15(1)(c)?

Thirdly, upon the mother and father.

Who are the fourth heirs under Section 15(1)(d)?

Fourthly, upon the heirs of the father.

Who are the last heirs under Section 15(1)(e)?

Lastly, upon the heirs of the mother.

What is the effect of Section 15(2)?

It creates special rules overriding Section 15(1) in respect of certain inherited properties.

What happens to property inherited by a female Hindu from her father or mother under Section 15(2)(a)?

In the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter), it shall devolve upon the heirs of the father.

Does property inherited from father or mother devolve under the normal order in Section 15(1) when there is no son or daughter under Section 15(2)(a)?

No, it devolves upon the heirs of the father.

What is the condition for applying Section 15(2)(a)?

There must be absence of any son or daughter of the deceased, including the children of any pre-deceased son or daughter.

What happens to property inherited by a female Hindu from her husband under Section 15(2)(b)?

In the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter), it shall devolve upon the heirs of the husband.

What happens to property inherited by a female Hindu from her father-in-law under Section 15(2)(b)?

In the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter), it shall devolve upon the heirs of the husband.

Does property inherited from husband or father-in-law devolve under the normal order in Section 15(1) when there is no son or daughter under Section 15(2)(b)?

No, it devolves upon the heirs of the husband.

What is the condition for applying Section 15(2)(b)?

There must be absence of any son or daughter of the deceased, including the children of any pre-deceased son or daughter.

What is the subject matter of Section 16 of the Hindu Succession Act, 1956?

Section 16 lays down the order of succession and manner of distribution among heirs of a female Hindu.

What does Rule 1 under Section 16 provide?

Among the heirs specified in Section 15(1), those in one entry shall be preferred to those in any succeeding entry, and those included in the same entry shall take simultaneously.

How are heirs in different entries treated under Rule 1 of Section 16?

Heirs in one entry are preferred to those in any succeeding entry.

How are heirs in the same entry treated under Rule 1 of Section 16?

Those included in the same entry shall take simultaneously.

What does Rule 2 under Section 16 provide?

If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children alive at the time of the intestate’s death, such children shall take between them the share which such son or daughter would have taken if living.

When does Rule 2 of Section 16 apply?

It applies when a son or daughter of the intestate had pre-deceased the intestate leaving children alive at the time of the intestate’s death.

What share do the children of a pre-deceased son or daughter take under Rule 2 of Section 16?

They take between them the share which such pre-deceased son or daughter would have taken if living at the intestate’s death.

What does Rule 3 under Section 16 provide?

The devolution of property on heirs referred to in Section 15(1)(b), (d), (e) and Section 15(2) shall be in the same order and according to the same rules as if the property had been the father’s, mother’s or husband’s, as the case may be, and such person had died intestate immediately after the intestate’s death.

To which heirs does Rule 3 of Section 16 apply?

It applies to heirs referred to in clauses (b), (d) and (e) of Section 15(1) and in Section 15(2).

How is property devolved under Rule 3 of Section 16?

It devolves in the same order and according to the same rules as if the property had belonged to the father, mother or husband, as the case may be, and such person had died intestate immediately after the intestate’s death.

What is the legal fiction created by Rule 3 of Section 16?

The father, mother or husband, as the case may be, is deemed to have died intestate in respect of the property immediately after the intestate’s death.

What is the subject matter of Section 17 of the Hindu Succession Act, 1956?

Section 17 provides special provisions respecting persons governed by marumakkattayam and aliyasantana laws.

To whom does Section 17 apply?

It applies to persons who would have been governed by the marumakkattayam law or aliyasantana law if this Act had not been passed.

What is the effect of Section 17(i) on Section 8?

For sub-clauses (c) and (d) of Section 8, a substituted clause is provided.

What is the substituted third rule under Section 8 as per Section 17(i)?

Thirdly, if there is no heir of any of the two classes, then upon his relatives, whether agnates or cognates.

What change does Section 17(i) make regarding agnates and cognates?

It combines agnates and cognates into one category of relatives for succession after Class I and Class II heirs.

What is the effect of Section 17(ii) on Section 15(1)?

For clauses (a) to (e) of Section 15(1), substituted clauses are provided.

Who are the first heirs under the substituted Section 15(1)(a) by Section 17(ii)?

Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the mother.

Who are the second heirs under the substituted Section 15(1)(b) by Section 17(ii)?

Secondly, upon the father and the husband.

Who are the third heirs under the substituted Section 15(1)(c) by Section 17(ii)?

Thirdly, upon the heirs of the mother.

Who are the fourth heirs under the substituted Section 15(1)(d) by Section 17(ii)?

Fourthly, upon the heirs of the father.

Who are the last heirs under the substituted Section 15(1)(e) by Section 17(ii)?

Lastly, upon the heirs of the husband.

What is the effect of Section 17(iii)?

Clause (a) of sub-section (2) of Section 15 is omitted.

Which provision is omitted by Section 17(iii)?

Clause (a) of Section 15(2) is omitted.

What is the effect of Section 17(iv)?

Section 23 is omitted.

Which section is omitted by Section 17(iv)?

Section 23 is omitted.

What is the subject matter of Section 18 of the Hindu Succession Act, 1956?

Preference of heirs related by full blood over heirs related by half blood.

When are heirs related by full blood preferred to heirs related by half blood under Section 18?

Heirs related to an intestate by full blood shall be preferred to heirs related by half blood if the nature of the relationship is the same in every other respect.

What is the condition for preferring full blood heirs over half blood heirs under Section 18?

The nature of the relationship must be the same in every other respect.

What is the subject matter of Section 19 of the Hindu Succession Act, 1956?

Mode of succession of two or more heirs.

How do two or more heirs take the property of an intestate under Section 19?

If two or more heirs succeed together to the property of an intestate, they shall take the property in the manner provided in Section 19.

How do two or more heirs take the property under Section 19(a)?

Save as otherwise expressly provided in this Act, they shall take per capita and not per stirpes.

What is the exception to the rule of per capita succession under Section 19(a)?

The rule applies save as otherwise expressly provided in this Act.

In what capacity do two or more heirs hold the property under Section 19(b)?

They shall take as tenants-in-common and not as joint tenants.

What is the subject matter of Section 20 of the Hindu Succession Act, 1956?

Right of child in womb.

Who is entitled to inherit under Section 20?

A child who was in the womb at the time of the death of an intestate and who is subsequently born alive.

What is the condition for a child in the womb to inherit under Section 20?

The child must have been in the womb at the time of the death of the intestate and must be subsequently born alive.

What right does a child in the womb have under Section 20?

Such child shall have the same right to inherit to the intestate as if he or she had been born before the death of the intestate.

How is the inheritance treated in the case of a child in the womb under Section 20?

The inheritance shall be deemed to vest in such a case with effect from the date of the death of the intestate.

From what date does inheritance vest in a child in the womb under Section 20?

It shall be deemed to vest with effect from the date of the death of the intestate.

What is the subject matter of Section 21 of the Hindu Succession Act, 1956?

Presumption in cases of simultaneous deaths.

When does the presumption under Section 21 apply?

It applies where two persons have died in circumstances rendering it uncertain whether either of them, and if so which, survived the other.

For what purposes does the presumption under Section 21 operate?

It operates for all purposes affecting succession to property.

What is presumed under Section 21 in cases of simultaneous deaths?

It shall be presumed, until the contrary is proved, that the younger survived the elder.

Is the presumption under Section 21 rebuttable?

Yes, it applies until the contrary is proved.

Who is presumed to have survived under Section 21 when it is uncertain who died first?

The younger is presumed to have survived the elder.

What is the subject matter of Section 22 of the Hindu Succession Act, 1956?

Preferential right to acquire property in certain cases.

When does Section 22(1) apply?

It applies where, after the commencement of this Act, an interest in any immovable property of an intestate, or in any business carried on by him or her, whether solely or in conjunction with others, devolves upon two or more heirs specified in Class I of the Schedule.

To what kinds of property does Section 22(1) apply?

It applies to an interest in any immovable property of an intestate or in any business carried on by him or her, whether solely or in conjunction with others.

Whose interest must devolve for Section 22(1) to apply?

An interest of an intestate in immovable property or business must devolve upon two or more heirs specified in Class I of the Schedule.

What is the condition precedent for the preferential right under Section 22(1)?

Any one of the Class I heirs must propose to transfer his or her interest in the property or business.

Who gets the preferential right under Section 22(1)?

The other heirs shall have a preferential right to acquire the interest proposed to be transferred.

What is the nature of the right conferred by Section 22(1)?

It is a preferential right to acquire the interest proposed to be transferred.

How is the consideration for transfer determined under Section 22(2)?

In the absence of any agreement between the parties, it shall be determined by the court on application being made to it in this behalf.

When will the court determine the consideration under Section 22(2)?

When there is no agreement between the parties regarding the consideration for transfer.

Who may determine the consideration under Section 22(2)?

The court shall determine the consideration on application made to it in this behalf.

What happens if the person proposing to acquire the interest is unwilling to acquire it at the consideration determined by the court under Section 22(2)?

Such person shall be liable to pay all costs of or incident to the application.

What costs is the unwilling proposed acquirer liable to pay under Section 22(2)?

All costs of or incident to the application.

What rule applies when two or more Class I heirs propose to acquire the interest under Section 22(3)?

That heir who offers the highest consideration for the transfer shall be preferred.

Who is preferred among multiple Class I heirs under Section 22(3)?

The heir who offers the highest consideration for the transfer.

What does the Explanation to Section 22 define?

It defines the term “court”.

What is the meaning of “court” under the Explanation to Section 22?

“Court” means the court within the limits of whose jurisdiction the immovable property is situate or the business is carried on.

Does the definition of “court” under Section 22 include any other court?

Yes, it includes any other court which the State Government may, by notification in the Official Gazette, specify in this behalf.

Which court has jurisdiction under Section 22 where the subject matter is immovable property?

The court within the limits of whose jurisdiction the immovable property is situate.

Which court has jurisdiction under Section 22 where the subject matter is a business?

The court within the limits of whose jurisdiction the business is carried on.

How may the State Government specify any other court under the Explanation to Section 22?

By notification in the Official Gazette.

What is the subject matter of Section 23 of the Hindu Succession Act, 1956?

Special provision respecting dwelling-houses.

What is the present status of Section 23 of the Hindu Succession Act, 1956?

Section 23 stands omitted.

By which law was Section 23 omitted?

Section 23 was omitted by the Hindu Succession (Amendment) Act, 2005 (39 of 2005).

From what date did the omission of Section 23 take effect?

The omission of Section 23 took effect from 9-9-2005.

What is the subject matter of Section 24 of the Hindu Succession Act, 1956?

Certain widows re-marrying may not inherit as widows.

What is the present status of Section 24 of the Hindu Succession Act, 1956?

Section 24 stands omitted.

By which law was Section 24 omitted?

Section 24 was omitted by the Hindu Succession (Amendment) Act, 2005 (39 of 2005).

By which provision was Section 24 omitted?

Section 24 was omitted by section 5 of the Hindu Succession (Amendment) Act, 2005.

From what date did the omission of Section 24 take effect?

The omission of Section 24 took effect from 9-9-2005.

What is the subject matter of Section 25 of the Hindu Succession Act, 1956?

Murderer disqualified.

Who is disqualified from inheriting under Section 25?

A person who commits murder or abets the commission of murder.

From whose property is a murderer disqualified under Section 25?

He or she shall be disqualified from inheriting the property of the person murdered.

Can a murderer inherit any other property under Section 25?

No, he or she shall also be disqualified from inheriting any other property in furtherance of the succession to which he or she committed or abetted the commission of the murder.

Does Section 25 apply to abetment of murder also?

Yes, a person who abets the commission of murder is also disqualified.

What is the subject matter of Section 26 of the Hindu Succession Act, 1956?

Convert’s descendants disqualified.

When does Section 26 apply?

It applies where, before or after the commencement of this Act, a Hindu has ceased or ceases to be a Hindu by conversion to another religion.

Who are disqualified under Section 26?

Children born to a convert after such conversion and their descendants.

Which children of a convert are disqualified under Section 26?

Children born to him or her after such conversion and their descendants.

From whose property are the convert’s descendants disqualified under Section 26?

They are disqualified from inheriting the property of any of their Hindu relatives.

Does Section 26 apply to conversions before the commencement of the Act?

Yes, it applies where, before or after the commencement of this Act, a Hindu has ceased or ceases to be a Hindu by conversion to another religion.

What is the exception to disqualification under Section 26?

Such children or descendants are not disqualified if they are Hindus at the time when the succession opens.

When can children of a convert inherit despite Section 26?

They can inherit if they are Hindus at the time when the succession opens.

What is the subject matter of Section 27 of the Hindu Succession Act, 1956?

Succession when heir disqualified.

How does property devolve when a person is disqualified from inheriting under Section 27?

It shall devolve as if such person had died before the intestate.

What is the legal fiction created by Section 27?

A disqualified person is deemed to have died before the intestate for the purpose of succession.

What is the subject matter of Section 28 of the Hindu Succession Act, 1956?

Disease, defect, etc., not to disqualify.

Can a person be disqualified from succession on the ground of disease under Section 28?

No person shall be disqualified from succeeding to any property on the ground of any disease.

Can a person be disqualified from succession on the ground of defect or deformity under Section 28?

No person shall be disqualified from succeeding to any property on the ground of any defect or deformity.

Can a person be disqualified on any other ground under Section 28?

No person shall be disqualified on any other ground whatsoever save as provided in this Act.

What is the effect of the saving clause in Section 28?

Disqualification on any other ground is barred except as provided in this Act.

What is the subject matter of Section 29 of the Hindu Succession Act, 1956?

Failure of heirs.

When does property devolve on the Government under Section 29?

If an intestate has left no heir qualified to succeed to his or her property in accordance with the provisions of this Act.

What happens if an intestate leaves no qualified heir under Section 29?

Such property shall devolve on the Government.

Under what principle does property pass to the Government under Section 29?

It passes by escheat on failure of heirs.

Does the Government take the property absolutely under Section 29?

No, the Government shall take the property subject to all the obligations and liabilities to which an heir would have been subject.

To what obligations is the Government subject under Section 29?

The Government takes the property subject to all the obligations and liabilities to which an heir would have been subject.

CHAPTER-III

TESTAMENTARY SUCCESSION

What is the subject matter of Section 30 of the Hindu Succession Act, 1956?

Testamentary succession.

Who may dispose of property by will or other testamentary disposition under Section 30?

Any Hindu may dispose of property by will or other testamentary disposition.

What property may be disposed of by will under Section 30?

Any property which is capable of being so disposed of by him or by her.

Can both a male and a female Hindu dispose of property by will under Section 30?

Yes, any property capable of being so disposed of by him or by her may be disposed of by will or other testamentary disposition.

In accordance with which law may a Hindu dispose of property by will under Section 30?

In accordance with the provisions of the Indian Succession Act, 1925 (39 of 1925), or any other law for the time being in force and applicable to Hindus.

Is the power of testamentary disposition under Section 30 subject to the Indian Succession Act, 1925?

Yes, it is exercisable in accordance with the provisions of the Indian Succession Act, 1925, or any other law for the time being in force and applicable to Hindus.

What does the Explanation to Section 30 deal with?

It specifies interests deemed to be property capable of being disposed of by will.

What is deemed to be property capable of being disposed of under the Explanation to Section 30?

The interest of a male Hindu in a Mitakshara coparcenary property shall be deemed to be property capable of being disposed of by him.

Is a male Hindu’s interest in Mitakshara coparcenary property testamentarily disposable under Section 30?

Yes, it shall be deemed to be property capable of being disposed of by him.

What interests in matrilineal or family properties are deemed disposable under the Explanation to Section 30?

The interest of a member of a tarwad, tavazhi, illom, kutumba or kavaru in the property of the tarwad, tavazhi, illom, kutumba or kavaru.

Can a member of a tarwad, tavazhi, illom, kutumba or kavaru dispose of his or her interest by will under Section 30?

Yes, such interest shall be deemed to be property capable of being disposed of by him or by her.

What is the effect of the non-obstante clause in the Explanation to Section 30?

Such interests shall be deemed to be property capable of being disposed of notwithstanding anything contained in this Act or in any other law for the time being in force.

Notwithstanding what provisions are the specified interests deemed disposable under the Explanation to Section 30?

Notwithstanding anything contained in this Act or in any other law for the time being in force.

Within the meaning of which provision are the specified interests deemed capable of being disposed of?

They are deemed to be property capable of being disposed of within the meaning of this section.

CHAPTER-IV

REPEALS

What is the subject matter of Section 31 of the Hindu Succession Act, 1956?

Repeals.

What is the present status of Section 31 of the Hindu Succession Act, 1956?

Section 31 stands repealed.

By which provision was Section 31 repealed?

Section 31 was repealed by section 2 and the First Schedule of the Repealing and Amending Act, 1960.

From what date did the repeal of Section 31 take effect?

The repeal of Section 31 took effect from 26-12-1960