SECTION 1 – SHORT TITLE & EXTENT

• Applies to whole of India (except J&K before 2019).

• Applies to Hindus, Sikhs, Jains, Buddhists.

Case Law:

• Kondiba Dagadu Kadam v. Savitribai Sopan Gujar (1999) — clarified applicability to Hindus.

---

SECTION 2 – APPLICATION

Act applies to:

• Any person who is Hindu by religion

• Buddhists, Jains, Sikhs

• Anyone NOT Muslim, Christian, Parsi, Jew unless proven otherwise

• Children whose parents are Hindus

• Converts to Hinduism

Case Law:

• M. Chandra v. M. Thangamuthu (2010) — conversion rules clarified.

---

SECTION 3 – DEFINITIONS

Important definitions include:

• Agnates

• Cognates

• Heir

• Full blood, half blood

• Related by uterine blood

Case Law:

• Gurupad Khandappa Magdum v. Hirabai Khandappa Magdum (1978) — “heir” and notional partition principle explained.

---

SECTION 4 – OVERRIDING EFFECT

• This Act overrides old Hindu law or custom if inconsistent.

Case Law:

• V. Tulasamma v. Sesha Reddy (1977) — statutory rights override customary restraints.

---

SECTION 5 – ACT NOT TO APPLY TO CERTAIN PROPERTIES

The Act does NOT apply to:

• Property governed by special laws

• Property of Hindu undivided family compensated under Enemy Property Act/Sanads etc.

---

SECTION 6 – DEvolution OF INTEREST IN COPARCENARY PROPERTY

(MOST IMPORTANT — AMENDED IN 2005)

• Daughter becomes coparcener by birth, equal to son.

• She has same rights & liabilities in ancestral property.

Landmark Case Laws:

1. Vineeta Sharma v. Rakesh Sharma (2020)

   • Daughter is coparcener by birth, whether father died before or after 2005 amendment.

2. Prakash v. Phulavati (2016)

   • Overruled partially by Vineeta Sharma.

---

SECTION 7 – DEvolution OF PROPERTY OF MALE MITAKSHARA COPARCENER

• Applies in Dayabhaga and Mitakshara schools.

• Separate rules for agricultural land (state-specific earlier).

---

SECTION 8 – GENERAL RULES OF SUCCESSION IN CASE OF MALES

If a Hindu male dies without a will ⇒ property devolves in order:

1. Class I heirs

2. If none → Class II heirs

3. If none → Agnates

4. If none → Cognates

Class I heirs include:
Mother, widow, son, daughter, widow of a pre-deceased son, children of pre-deceased children, etc.

Case Law:

• C. Masilamani Mudaliar v. Idol of Sri Swaminathaswami (1996) — daughters’ equal rights reinforced.

• Bhaiya Ramanuj Pratap Deo v. Lalu Maheshanuj Pratap Deo (1981) — strict order of succession.

---

SECTION 9 – ORDER OF SUCCESSION AMONG HEIRS

• Class I heirs inherit simultaneously and equally.

• Class II heirs inherit in numerical order.

---

SECTION 10 – DISTRIBUTION OF PROPERTY AMONG CLASS I HEIRS

Rules:

• Widow (one) gets equal share; if multiple widows → one share jointly.

• Sons & daughters take equal shares.

• Mother gets one share.

• Children of deceased heirs get share by per stirpes.

Case Law:

• Gurupad v. Hirabai (1978) — clarified share distribution and notional partition.

---

SECTION 11 – DISTRIBUTION AMONG CLASS II HEIRS

Class II heirs inherit category-wise, not simultaneously:

• Father

• Siblings

• Extended relatives (uncles, aunts, etc.)

---

SECTION 12 – ORDER OF SUCCESSION AMONG AGNATES & COGNATES

• Preference to closer relation.

• Agnates (through male line) first.

• Cognates (through female line) next.

---

SECTION 13 – COMPUTATION OF DEGREES

• Explained how to calculate relation degrees among heirs.

---

SECTION 14 – PROPERTY OF A FEMALE HINDU TO BE HER ABSOLUTE PROPERTY

Most important section for women’s rights.

• Any property possessed by a Hindu female becomes her absolute property and not limited estate.

Landmark Case:

• V. Tulasamma v. Sesha Reddy (1977)

  • Widely celebrated judgment establishing women’s absolute rights.

• Danamma v. Amar (2018) — reaffirmed daughter’s coparcenary rights.

---

SECTION 15 – GENERAL RULES OF SUCCESSION IN CASE OF FEMALES

If woman dies intestate, her property devolves to:

1. Sons, daughters, husband

2. Heirs of husband

3. Mother & father

4. Heirs of father

5. Heirs of mother

Case Law:

• Om Prakash v. Radhacharan (2009) — mother-in-law inherited property before parents.

• Bhagat Ram v. Teja Singh (2002) — interpretation of order of heirs.

---

SECTION 16 – ORDER OF SUCCESSION & DISTRIBUTION FOR FEMALE HINDU

• Same rules as male distribution (Class I style).

• But order of heirs is different.

---

SECTION 17 – SUCCESSION FOR CERTAIN MARRIED WOMEN

Applies to:

• Hindu women married under Marumakkattayam / Namboodri laws (matrilineal communities).

---

SECTION 18 – ESCHEAT (PROPERTY DEVOLVES TO GOVERNMENT)

• If no heir exists at all, property goes to Government.

• Government takes it subject to liabilities.

---

SECTION 19 – JOINT SUCCESSION

When multiple heirs inherit:

• They hold as tenants-in-common, not joint tenants.

---

SECTION 20 – RIGHT OF CHILD IN WOMB

• A child in the womb has same inheritance right as if born.

Case Law:

• Vishnu v. State of Maharashtra (2006) — upheld unborn child’s rights.

---

SECTION 21 – PREFERENTIAL HEIRS

Among multiple heirs of same degree, the closest in relationship inherits.

---

SECTION 22 – PREFERENTIAL RIGHT TO ACQUIRE PROPERTY

• When property is transferred, heir has preferential right to purchase interest of another heir.

Case Law:

• Saraswathi Ammal v. Lakshmi Ammal (2010).

---

SECTION 23 – SPECIAL PROVISION FOR DWELLING HOUSE (REPEALED 2005)

Earlier:

• Daughter had no right to seek partition of dwelling house.
  Now repealed → daughters have equal rights.

---

SECTION 24 – CERTAIN HEIRS DISQUALIFIED ON REMARRIAGE (REPEALED 2005)

Earlier widows lost rights on remarriage; now repealed.

---

SECTION 25 – MURDERER DISQUALIFIED

A person who murders cannot inherit from the victim.

Case Law:

• Nanne Lal v. State of UP (1994).

---

SECTION 26 – CONVERTS’ DESCENDANTS DISQUALIFIED

Children born after conversion cannot inherit property of Hindu relatives.

---

SECTION 27 – SUCCESSION WHEN HEIR DISQUALIFIED

If heir is disqualified or excluded, property devolves as if that heir died before the intestate.

---

SECTION 28 – NO DISQUALIFICATION ON GROUNDS OF DISEASE OR DEFECT

• Physical disability, illness, deformity do NOT bar inheritance.

---

SECTION 29 – FAILURE OF HEIRS (ESCHEAT)

If no legal heir exists, property goes to the Government.

---

SECTION 30 – TESTAMENTARY SUCCESSION (WILL)

A Hindu can dispose of property by a Will.
Will must follow Indian Succession Act rules.

Case Law:

• Kamla Devi v. State of Haryana (1997).

---

SECTION 31 – REPEALS

Old Hindu laws replaced by this Act.

---