Overview, Applicability, and General Principles

Introduction and Objective

The Hindu Succession Act, 1956 (HSA) was enacted to codify and reform the law governing intestate succession among Hindus. It unified various regional customs and introduced gender justice in inheritance.
Prior to this Act, Hindu succession was governed by uncodified personal laws, differing under the Mitakshara and Dayabhaga schools. The Act brought uniformity while retaining certain foundational Hindu law concepts.

Applicability (Section 2)

The Act applies to:

• Hindus by religion;
• Buddhists, Jains, and Sikhs;
• Persons domiciled in India are not governed by Muslim, Christian, Parsi, or Jewish laws unless proven otherwise.

It extends to the whole of India (after the abrogation of J&K’s special status under Article 370).

Definitions and Key Terms

• Agnates (Section 3(a)): Relations wholly through males.
• Cognates (Section 3(c)): Relations not wholly through males.
• Heir (Section 3(f)): Includes any person entitled to succeed under the Act.
• Intestate (Section 3(g)): A person dying without a will.

Gender-Neutral Principles Introduced

The Act marked a major reform by giving female heirs inheritance rights, and later, through amendments, equal coparcenary rights to daughters.

Key Sections and Structure

• Sections 4–5: Overriding effect and exclusions.
• Sections 6–8: Succession to property of males.
• Sections 9–13: Order of succession and distribution.
• Sections 14–16: Property of female Hindus.
• Sections 17–19: Miscellaneous and mode of succession.

The Doctrine of Survivorship vs. Succession

Under Mitakshara, property passed by survivorship among male coparceners.
Post-2005 amendment, Section 6 abolished survivorship and replaced it with succession, ensuring daughters are equal coparceners by birth.

Purpose and Impact

The Act reflects constitutional values of equality (Articles 14–15) and gender justice, aligning personal law with constitutional morality.

Review Questions 

1. Explain the objective and scope of the Hindu Succession Act, 1956.
2. To whom does the Act apply under Section 2?
3. Define “Agnates” and “Cognates” under Section 3.
4. What is the difference between survivorship and intestate succession?
5. Discuss how the Act reflects gender equality in inheritance.