HINDU SUCCCESSION Act 1956 deals with devolution of property by way of succession with respect to inheritance. This act came into force 17 june 1956. it consist of four chapters ONE SCHEUDULE OF HEIRS CLASS I AND CLASS II Salient features of HSA It defines cognates, agnates, full blood, half blood, uterine blood,intestate, heir. It provides how property is devolved by of succession from male after his death to heir.Meaning of coparcenary- traditional mitakshara concept is followed by hindu regards birth of son only subject to coparcenary rights wrt. JHF Coparcenary can be rationalised in joint hindu family(ancestral property) rights coming from four degree or upto threee male lineal ascendants.eg great grand father to grand father to father to son A-B-C-D-E HERE A IS GREAT GRAND FATHER B is grand father C is father, D is Son E Is son's son here on the death of A, B will replace similarly A and all will have coparcenary rights B acting as KARTA in JHF.

1. HINDU SUCCESSION ACT 1956 LECTURE
VIDHIGYANSODH.IN FOR JUDICIARY PREPARATION
LECTURE PART 1
 HINDU SUCCCESSION Act 1956 deals with devolution of
property by way of succession with respect to inheritance.
 This act came into force 17 june 1956. it consist of four
chapters ONE SCHEUDULE OF HEIRS CLASS I AND
CLASS II
Salient features of HSA
 It defines cognates, agnates, full blood, half blood, uterine
blood,intestate, heir.
 It provides how property is devolved by of succession from
male after his death to heir.

2. Salient features of HSA
• how property is
devolevd by way of
succession by female
after her death to her
heirs
• it also talks about how
property is devolved to
child in mother's
womb if born alive (
sec.20)
• it provides conditions
for disqualification
from succession even
if person is full blood
relation eg.son,
daughter
• after 2005
amendment it
provides coparcenary
rights to female
(daughter)

3. for undertanding HSA TERMINOLOGY
MUST BE KNOWN
• Meaning of coparcenary- traditional mitakshara concept
is followed by hindu regards birth of son only subject to
coparcenary rights wrt. JHF
• Coparcenary can be rationalised in joint hindu
family(ancestral property) rights coming from four degree
or upto threee male lineal ascendants.eg great grand
father to grand father to father to son
• A-B-C-D-E HERE A IS GREAT GRAND FATHER
B is grand father C is father, D is Son E Is son's son
here on the death of A, B will replace similarly A and all will
have coparcenary rights B acting as KARTA in JHF.

4. For undertanding HSA TERMINOLOGY MUST BE KNOWN
• JOINT HINDU FAMILY PROPERTY - It includes an ancestral
property which has not been subject to partition and legacy of
coparcenary is continuing by way of inheritance i.e succession. once
entire property is partitioned it breaks coparcenary concept and
again it takes three male lineal ascendants to create joint hindu
family ancestral property.
• Self acquired property means - rule of succession is not applicable
on self acqired property. it only applies if owner of self acquired
property dies intestate than it can be claimed as per the succession
among the successors or heir. But under general circumstances
owner can dispose property according to his choice. He may gift the
property outside his legacy or heirs.

5. Definitions under hindu succession act 1956
• Agnate-Section 3(1)(a) defines ‘agnate’. A person is said to be an agnate of
another if the two are related by blood or adoption wholly through males.
• Cognate-Section 3(1)(c) defines a person to be a ‘cognate’ of another if
such a person is related to the other by blood or through adoption but not
wholly through females.
• Heir- Section 3(1)(f), ‘heir’ is any male or female person, who is entitled to
receive the property of the intestate.
• Intestate-According to Section 3(1)(g), a person who dies without leaving
behind a will is referred to as intestate.
• Related Section 3(1)(i), ‘related’ means the relationship between kin(
kinship), which should be legitimate. Illegitimate children shall be deemed to
be related to their mother and to one another, and their legitimate
descendants shall be deemed to be related to them and to one another.
FURTHER - full blood, half Blood, uterine blood under section 3(e)

6. Classification of heirs
Heirs are classified into four categories:
• Class I
• Class II
• Class III (Agnates)
• Class IV (Cognates)

7. SECTION-5 HSA
• Any property whose succession comes under the
regulation of the Indian Succession Act, 1925 by reasons
of the provision under Section 21 of the Special Marriage
Act, 1954. Section 21 of the Special Marriage Act states
that succession to the property of any person whose
marriage is solemnized under this Act and the property
of the issue of such marriage shall be governed by the
Special Marriage Act.

8. section provisions of HSA
• Rules for ownership in the case of males
• Section 8 lays down the general rules for the succession in the case
of males. Section 8 applies in cases where succession opens after
the commencement of the Act. It is not necessary that the death of
the male Hindu, whose property has to be devolved by inheritance,
should take place after the commencement of this Act. For example:
if a father, during his lifetime, settles his property in favour of his wife
and after the death of his wife, wishes that it should pass to his
daughter, and the daughter dies after the commencement of this Act,
then the succession will open and the property would devolve

9. SCTION 6
• COPARCENARY RIGHTS OF MALE AND
FEMALE ARE NOW EQUAL AFTER 2005
AMENDMENT ( RAKESH SHARMA VS
VINEET SHARMA)
• the Hindu Succession (Amendment) Act,
2005, the Class I heirs consisted of twelve heirs,
eight of which were females and four were
males, but after 2005, four new heirs were
added, of which eleven are female and five are
male.

10. CLASS I HEIR LIST OF
RELATIONSHIP
• Class I heirs
• Sons Daughters Widows Mothers Sons of a predeceased son
• Widows of a predeceased son Son of a predeceased son of a
predeceased son
• Widows of a predeceased son of a predeceased son
• Daughter of a predeceased son
• Daughter of a predeceased daughter
• Daughter of a predeceased son of a predeceased son
• Son of a predeceased daughter
• Daughter of a predeceased daughter of a predeceased daughter
• Son of a predeceased daughter
• Son of a predeceased daughter of a predeceased daughter
• Daughter of a predeceased daughter of a predeceased son