The Hindu Succession Act, 1956

Act No. 30

17-Jun-1956

Section 1 — Short title and extent .―(1) This Act may be called the Hindu Succession Act, 1956.

1. Short title and extent .―(1) This Act may be called the Hindu Succession Act, 1956.

(2)It extends to the whole of India 2***.

Section 2 — Application of Act .―(1)This Act applies ―

2. 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 B rahmo, Prarthana or Arya Samaj,

(b)to any person who is a 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 i f 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 reconvert to the Hindu, Bu ddhist, 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 Offic ial 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 section.

Section 3 — De finitions and interpretation .―(1)In this Act, unless t he context otherwise requires, ―

3. De finitions and interpretation .―(1)In this Act, unless t he context otherwise requires, ―

(a)“agnate ”―one person is said to be an “agnate ” of another if the two are related by blood or adoption wholly through males;

(b)“aliyasantana law ” means the system of law applicable to persons who, if this Act had not been passed, would have been governed by the Madras Aliyasantana A ct, 1949, (Madras Act 9 of 1949 ) or by the customary aliyasantana law with respect to the matters for whic h provision is made in this Act;

Section 1 — The Act hasbeen extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and First Schedule and to Pondicherry by Reg. 7 of 1963, s. 3

1. The Act hasbeen extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and First Schedule and to Pondicherry by Reg. 7 of 1963, s. 3 and First Schedule.