Hindu succession act

Suri.Sravan Kumar (senior) 28 July 2015

(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;

(b) to any person who is 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 is proved

that any such person would not have been governed by the Hindu law or by any custom or usage as

part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

Explanation :

The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case

may be:-

(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or

Sikhs by religion;

(b) 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;

(c) any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.

(2) Notwithstanding anything contained in 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, 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 person

who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of

the provisions contained in this sectio

Kumar Doab (FIN) 28 July 2015

Mr. S.Shravan Kumar has provided the full extarct.

You may relate it to your requirement.

Varkis 28 July 2015

I belong to Tamil Christian family. Recently my father has passed away.I am the only son and has an elder sister who is married and has a son and daughter. My mother is alive.

Please let me know the explanation for the following queries:

1.Who are all the legal heirs to my deceased father?

2.My father has already executed a will to my elder sister during her marriage in 1998 saying that she can be the owner of few properties as mentioned in the 'Will' after his demise. In such case can she claim more property from my father's self owned properties through legal heirship?

3.Can my father before his demise, transfer his self owned properties to my sister without my knowledge?

4.How my father's self owned properties (including that mentioned in the "Will" to my Sister) will be shared?

Expect some expert reply categorically and clearly

Shankar (Self) 01 August 2015

Sir in Hindu Succession act, a law is enforced based on the law existing on the day of person's death or is it decided on the latest law applicable today?

What if a deed was executed 15 years ago and rules have changed afterwards? Is that deed still valid?

Kumar Doab (FIN) 01 August 2015

@ Shankar,

The succession opens upon death of the owner of the estate. So if the owner has deceased 15 years back, the succession has opened 15 years back.

The succession shall be decided in accordance with law applicable on the date the succession has opened.

If any new law has been formed with retrospective effect (of even 15 years) then the new law shall apply with retrospective effect.

Any deed that is registered and does not have legal defect/is not illegal, should be always, valid.

Shankar (Self) 10 August 2015

@kumar

Thanks sir.

Varkis 11 August 2015

Reminder to the forum