This document provides an overview of the Hindu Succession Act of 1956 in India. Some key points:
- The Act aims to amend and codify the law relating to intestate succession among Hindus.
- It applies to Hindus, Buddhists, Jains and Sikhs. It also applies to others who would have been governed by Hindu law prior to this Act.
- When a male Hindu dies intestate, his property devolves first to Class I heirs like widow, children and mother. If none, then to Class II heirs like father and heirs of predeceased children. Failing them, it passes to agnates and then cognates.
- A female Hindu's
The document summarizes the Hindu Succession Act of 1956 which governs intestate succession among Hindus in India. Some key points:
1) The Act aims to amend and codify laws related to inheritance for Hindus.
2) It applies to Hindus, Buddhists, Jains and Sikhs. Those who are not Muslim, Christian, Parsi or Jew are also governed by it unless proven otherwise.
3) Intestate succession for males follows heirs in order of Class I, II, agnates and cognates of the Schedule. Property of a female Hindu is her absolute property.
4) Succession of coparcenary, tarwad and other joint family properties is
The document discusses property rights of Hindu women in India according to the Hindu Succession Act of 1956 and subsequent amendments. Key points:
- The Hindu Succession Act of 1956 granted Hindu women the right to own property and be considered full owners of any property they possessed, rather than limited owners.
- A 2005 amendment to the act provided Hindu women equal rights as coparceners, giving them the same rights and liabilities in a joint Hindu family property as male members. This established parity between male and female relatives in inheritance of intestate succession after September 2005.
- Previously, some properties received from a husband were considered limited estates that would cease upon remarriage and devolve to heirs as if the woman
This document amends the Hindu Succession Act of 1956. The key changes include:
1) Omitting section 4(2) and substituting section 6 to give daughters the same rights as sons in a coparcenary property, allowing them to acquire coparcenary rights by birth.
2) Property a female Hindu acquires under section 6 can be disposed of through a will.
3) When a Hindu dies, their interest in coparcenary property will devolve through succession, not survivorship, treating daughters equal to sons.
This document is the Indian Succession Act of 1925 which consolidates and codifies the laws related to intestate and testamentary succession in India.
It begins with preliminary definitions for key terms like administrator, executor, probate, will etc. It then covers topics like domicile, how a person acquires a new domicile, a minor or married woman's domicile.
It also discusses the effects of marriage on property interests, settlement of a minor's property in contemplation of marriage. The document then covers consanguinity or kindred relationships, defining lineal and collateral consanguinity and how degrees of relationship are calculated between relatives.
Testate succession occurs when a valid will made by a person of sound mind ensures their property passes to those they choose after death. A will must meet formal requirements including being made voluntarily without influence, and being properly executed with witnesses. The will can be revoked but a later marriage does not revoke it if contemplating that marriage. If dependents are not provided for reasonably, the court can order provision from the estate based on the deceased's property, the dependents' means and needs, any gifts made, conduct, and reasons for exclusion.
The document summarizes key changes brought by the Hindu Succession Amendment Act of 2005 to the original Hindu Succession Act of 1956. The 2005 amendment aims to remove gender discrimination by giving daughters equal rights to ancestral coparcenary property as sons. It provides that daughters, like sons, have birthright as coparceners in joint Hindu family property. However, this does not apply retroactively to married daughters before 2005. The amendment also makes women's inheritance rights in agricultural land equal to men's. It removes other discriminatory provisions regarding female inheritance and rights to the parental dwelling house.
General principles of inheritance under Muslim law - Rules relating to Islami...Legal
The document discusses the general principles of succession and inheritance under Muslim law. It provides details on:
1. The nature of heritable property under Muslim law, which does not distinguish between different types of property like movable/immovable. All property owned by the deceased can be inherited.
2. Muslim law does not recognize the concept of joint family property or right by birth, and inheritance rights only arise after death.
3. The doctrine of representation allowing a deceased's child to inherit in their place is not recognized under Muslim law. The nearer heir excludes the remoter heir.
4. Succession can be distributed per capita (equally divided heads) or per strips (available to the branch of
The document summarizes key aspects of the Hindu Marriage Act of 1955 in India. It defines the scope of the act and who it applies to, including Hindus and other religious groups. It establishes conditions for a valid Hindu marriage, including that neither party has a living spouse, the ages of the bride and groom, and restrictions on relationships. It allows marriages to be solemnized according to customary rites and ceremonies, and considers a marriage complete after the seventh step is taken in certain ceremonies.
The document summarizes the Hindu Succession Act of 1956 which governs intestate succession among Hindus in India. Some key points:
1) The Act aims to amend and codify laws related to inheritance for Hindus.
2) It applies to Hindus, Buddhists, Jains and Sikhs. Those who are not Muslim, Christian, Parsi or Jew are also governed by it unless proven otherwise.
3) Intestate succession for males follows heirs in order of Class I, II, agnates and cognates of the Schedule. Property of a female Hindu is her absolute property.
4) Succession of coparcenary, tarwad and other joint family properties is
The document discusses property rights of Hindu women in India according to the Hindu Succession Act of 1956 and subsequent amendments. Key points:
- The Hindu Succession Act of 1956 granted Hindu women the right to own property and be considered full owners of any property they possessed, rather than limited owners.
- A 2005 amendment to the act provided Hindu women equal rights as coparceners, giving them the same rights and liabilities in a joint Hindu family property as male members. This established parity between male and female relatives in inheritance of intestate succession after September 2005.
- Previously, some properties received from a husband were considered limited estates that would cease upon remarriage and devolve to heirs as if the woman
This document amends the Hindu Succession Act of 1956. The key changes include:
1) Omitting section 4(2) and substituting section 6 to give daughters the same rights as sons in a coparcenary property, allowing them to acquire coparcenary rights by birth.
2) Property a female Hindu acquires under section 6 can be disposed of through a will.
3) When a Hindu dies, their interest in coparcenary property will devolve through succession, not survivorship, treating daughters equal to sons.
This document is the Indian Succession Act of 1925 which consolidates and codifies the laws related to intestate and testamentary succession in India.
It begins with preliminary definitions for key terms like administrator, executor, probate, will etc. It then covers topics like domicile, how a person acquires a new domicile, a minor or married woman's domicile.
It also discusses the effects of marriage on property interests, settlement of a minor's property in contemplation of marriage. The document then covers consanguinity or kindred relationships, defining lineal and collateral consanguinity and how degrees of relationship are calculated between relatives.
Testate succession occurs when a valid will made by a person of sound mind ensures their property passes to those they choose after death. A will must meet formal requirements including being made voluntarily without influence, and being properly executed with witnesses. The will can be revoked but a later marriage does not revoke it if contemplating that marriage. If dependents are not provided for reasonably, the court can order provision from the estate based on the deceased's property, the dependents' means and needs, any gifts made, conduct, and reasons for exclusion.
The document summarizes key changes brought by the Hindu Succession Amendment Act of 2005 to the original Hindu Succession Act of 1956. The 2005 amendment aims to remove gender discrimination by giving daughters equal rights to ancestral coparcenary property as sons. It provides that daughters, like sons, have birthright as coparceners in joint Hindu family property. However, this does not apply retroactively to married daughters before 2005. The amendment also makes women's inheritance rights in agricultural land equal to men's. It removes other discriminatory provisions regarding female inheritance and rights to the parental dwelling house.
General principles of inheritance under Muslim law - Rules relating to Islami...Legal
The document discusses the general principles of succession and inheritance under Muslim law. It provides details on:
1. The nature of heritable property under Muslim law, which does not distinguish between different types of property like movable/immovable. All property owned by the deceased can be inherited.
2. Muslim law does not recognize the concept of joint family property or right by birth, and inheritance rights only arise after death.
3. The doctrine of representation allowing a deceased's child to inherit in their place is not recognized under Muslim law. The nearer heir excludes the remoter heir.
4. Succession can be distributed per capita (equally divided heads) or per strips (available to the branch of
The document summarizes key aspects of the Hindu Marriage Act of 1955 in India. It defines the scope of the act and who it applies to, including Hindus and other religious groups. It establishes conditions for a valid Hindu marriage, including that neither party has a living spouse, the ages of the bride and groom, and restrictions on relationships. It allows marriages to be solemnized according to customary rites and ceremonies, and considers a marriage complete after the seventh step is taken in certain ceremonies.
The document is a draft of proposed amendments to the law relating to marriage among Hindus in Pakistan. Some key points:
1. It proposes establishing a Hindu Marriage Act of 2012 that would apply to all Hindus, Buddhists, Jains, and Sikhs in Pakistan.
2. It defines terms like "custom", "district court", degrees of prohibited relationships, and outlines conditions for a valid Hindu marriage.
3. It describes ceremonies for solemnizing a Hindu marriage and provides for registration of Hindu marriages in a marriage register.
4. It addresses issues like restitution of conjugal rights, judicial separation, nullity of marriages, voidable marriages, and divorce. Grounds for divorce include desertion
This document summarizes the Criminal Law Amendment Act of 1908 in India. The act aimed to provide for more speedy trials of certain offenses and prohibit associations dangerous to public peace. It established that associations that encourage violence or whose members commit violent acts could be declared unlawful by state governments. The act gave powers to state governments to notify places being used by unlawful associations and allow authorities to take possession of such places and belongings found within. It established penalties for membership in unlawful associations or assisting their operations. Several state governments have since amended sections of the act.
The governing of all marriages of the Hindu religion in India is done under the Hindu Marriage Act 1955. Every aspect of a marriage including Husband, Wife, Marriage, Commitment, Sex and child rearing are covered under this act.
This document discusses succession laws in India. It covers the Indian Succession Act of 1925, which governs intestate and testamentary succession for Hindus, Christians, Parsis and Jews. Muslim succession is governed by Muslim personal law derived from Islamic scriptures. The key points are:
1) Succession can be testamentary (with a will) or intestate (without a will). Different laws apply based on religion.
2) The Indian Succession Act of 1925 created common rules for most communities, except Muslims who are governed by Muslim personal law.
3) Muslim law recognizes sharers who receive fixed portions and residuaries who receive remaining portions. It also has rules around legitimacy of
The document discusses key aspects of the Hindu Marriage Act of 1955 including:
1) It codified and reformed Hindu personal law, allowing inter-caste and inter-religious marriages between Hindus, Buddhists, Sikhs and Jains.
2) It introduced monogamy, setting the marriageable age as 18 for women and 21 for men, and prohibited bigamy and polygamy.
3) It relaxed restrictions around prohibited degrees of relationship for marriage and allowed for divorce and judicial separation on grounds like mental illness, unsoundness of mind, unfitness for marriage and procreation.
The Majority Act of 1875 establishes the age of majority in Pakistan. It sets 18 as the age of majority for those without a court-appointed guardian. For those with a court-appointed guardian, the age of majority is 21. The Act aims to standardize and clarify the age of majority. It does not affect matters of marriage, dower, divorce, adoption, or religious rites. Court rulings have interpreted that the Act allows minors to sue regarding marriage, dower, divorce, and adoption matters upon reaching puberty even if under 18. The Act also provides guidance on calculating a person's age for determining if they have reached the age of majority.
This bill aims to amend the Indian Penal Code to criminalize marital rape by removing the exception for sexual acts committed by a man against his own wife. It notes that India has ratified international conventions promoting women's rights but domestic laws still fail to recognize a woman's right to sexual autonomy. The bill proposes deleting the exception for marital rape from the definition of rape to prohibit this form of violence against women and bring laws in line with India's international obligations. However, it acknowledges that changing laws alone is not enough and underlying social attitudes must also change for true progress to be made.
The document summarizes key provisions of the Hindu Marriage Act of 1955 in India. It outlines conditions for marriage such as neither party having a living spouse or being mentally unfit. It describes marriage ceremonies that must include seven steps around a sacred fire to be complete. It also discusses registering marriages with the state for proof. The document notes that courts may decree restitution of conjugal rights if one spouse withdraws without reasonable excuse or grant judicial separation if certain grounds are met.
Myanmar_Transfer of Immovable Property and Restrictions Act 1987Dr. Oliver Massmann
This document summarizes key provisions of Burma's Transfer of Immoveable Property Restriction Act of 1987. The act places severe restrictions on foreigners and foreign-owned companies owning immovable property in Burma. It prohibits the sale, purchase, gift, pledge, exchange or transfer of immovable property to or from foreigners. It also prohibits leases of immovable property to foreigners for terms exceeding one year. Violations of the act can result in imprisonment of up to 5 years and confiscation of the property as state-owned. The act requires registration of any immovable property owned by foreigners.
The 1923 Egyptian Constitution was the first constitution in Egypt and established a constitutional monarchy system. It was drafted by a committee of 30 members representing Egypt's political parties, popular movements, and religious and ethnic groups [1]. The Constitution defined the powers of the King and ministers, and it covered rights and public freedoms [2]. It had 170 articles organizing the state structure and defining the roles of the King, ministers, parliament, judiciary and local councils [3]. The Constitution remained in effect until it was canceled in 1935, but it laid the foundations for a more liberal era in Egypt and influenced subsequent constitutions.
The Anti-Constitutional, Anti-Hindu "Prevention of Communal and Targeted Viol...Sardar Sanjay Matkar
"Prevention of Communal and Targeted Violence Bill 2011" is enforceable all over India EXCEPT the State of Jammu & Kashmir; where Kashmiri Pandits are a minority. When reading this document, the phrase 'Religious and Linguistic Minorities' should be read same as "Muslim". If enforced in J&K, this Bill will lead to the prosecution of Muslims, hence it is not applicable there.
The document provides an overview of the Transfer of Property Act of 1882 in India. Some key points:
1) It defines and amends certain parts of the law relating to the transfer of property by act of parties.
2) The Act was initially applicable only in certain regions of India but has since been extended to various other territories through amendments over time.
3) It repeals prior enactments relating to transfer of property while protecting existing rights, liabilities, and legal relations constituted before the Act came into force.
4) Key terms related to property transfer like "immoveable property", "instrument", and "
The document is the Constitution of the Kiowa Nation. It establishes the organization of the Kiowa Nation government including its branches and their powers. It protects individual rights and establishes qualifications for citizenship in the Kiowa Nation. It divides the Kiowa territory into 7 districts for representation in the legislative branch.
The document summarizes the Dowry Prohibition Act of 1961 which aims to prohibit the practice of dowry in India. Some key points:
- It defines dowry as any property or valuable security given by one party to a marriage, or their relatives, to the other party before, during or after the marriage.
- Giving or taking dowry is punishable by a minimum 5 years imprisonment and fine. Demanding dowry is punishable by 6 months to 2 years imprisonment and fine.
- Any agreement for dowry is void. Dowry received must be transferred to the woman within 3 months of marriage. Failure to do so is punishable.
- The Act also bans dow
This document summarizes the Dowry Prohibition Act of 1961 in India, which aims to prohibit the practice of dowry. Some key points:
- It defines dowry as any property or valuable security given by one party to a marriage to the other party, before, during or after the marriage. This does not include customary gifts or dower/mahr for Muslims.
- Giving or taking dowry is punishable by imprisonment of at least 5 years and a fine. Demanding dowry is punishable by 6 months to 2 years imprisonment and a fine.
- Advertising property/money shares for marriage is punishable by 6 months to 5 years imprisonment and a fine.
Making Women Alternatively Empowered Beyond Measure. (With Reference To The C...inventionjournals
International Journal of Humanities and Social Science Invention (IJHSSI) is an international journal intended for professionals and researchers in all fields of Humanities and Social Science. IJHSSI publishes research articles and reviews within the whole field Humanities and Social Science, new teaching methods, assessment, validation and the impact of new technologies and it will continue to provide information on the latest trends and developments in this ever-expanding subject. The publications of papers are selected through double peer reviewed to ensure originality, relevance, and readability. The articles published in our journal can be accessed online.
The document summarizes the Hindu Marriage Act of 1955 which codifies and amends laws related to marriage among Hindus in India. Some key points:
- It applies to Hindus, Buddhists, Sikhs and others not covered by other religious marriage laws. It defines who is considered a Hindu, Buddhist, etc. for the purpose of the act.
- It establishes conditions for a valid Hindu marriage such as age of consent, neither party already being married, not being within prohibited degrees of relationship, etc.
- It allows marriage ceremonies according to customary rites and recognizes marriage as valid after completion of ceremonies like saptapadi (taking 7 steps around a fire).
- It provides for registration
The document summarizes the Hindu Marriage Act of 1955 which codifies and amends laws related to marriage among Hindus in India. Some key points:
- It applies to Hindus, Buddhists, Sikhs and others not covered by other religious marriage laws. It defines who is considered a Hindu, Buddhist, etc. for the purpose of the act.
- It establishes conditions for a valid Hindu marriage such as age of consent, neither party already being married, not being within prohibited degrees of relationship, etc.
- It allows marriage ceremonies according to customary rites and recognizes marriage as valid after completion of ceremonies like saptapadi (taking 7 steps around the sacred fire).
- It provides for
The document discusses succession and inheritance under the Hindu Succession Act of 1956. Some key points:
- The Act provides a uniform system of inheritance for Hindus, Buddhists, Jains and Sikhs. It abolishes the limited estate of Hindu women and gives them absolute rights over property.
- For intestate succession (without a will), the property of a male Hindu devolves to Class I heirs (relatives like sons/daughters) then Class II heirs like father. Failing which it goes to agnates (by blood) and then cognates.
- For females, the property devolves to sons/daughters and husband. The 2005 amendment allows daughters equal rights in
The document discusses Hindu law on guardianship of minor children in India. It provides context on how guardianship was developed under British rule, with father identified as the natural guardian and mother after his death. The Hindu Minority and Guardianship Act of 1956 codified and reformed Hindu law on guardianship of minors. The Act declares who are considered natural guardians of Hindu minors in respect to their person and property, and imposes restrictions on guardian powers. It is both a codifying and supplementary enactment to be read with the Guardians and Wards Act of 1890.
The document is a draft of proposed amendments to the law relating to marriage among Hindus in Pakistan. Some key points:
1. It proposes establishing a Hindu Marriage Act of 2012 that would apply to all Hindus, Buddhists, Jains, and Sikhs in Pakistan.
2. It defines terms like "custom", "district court", degrees of prohibited relationships, and outlines conditions for a valid Hindu marriage.
3. It describes ceremonies for solemnizing a Hindu marriage and provides for registration of Hindu marriages in a marriage register.
4. It addresses issues like restitution of conjugal rights, judicial separation, nullity of marriages, voidable marriages, and divorce. Grounds for divorce include desertion
This document summarizes the Criminal Law Amendment Act of 1908 in India. The act aimed to provide for more speedy trials of certain offenses and prohibit associations dangerous to public peace. It established that associations that encourage violence or whose members commit violent acts could be declared unlawful by state governments. The act gave powers to state governments to notify places being used by unlawful associations and allow authorities to take possession of such places and belongings found within. It established penalties for membership in unlawful associations or assisting their operations. Several state governments have since amended sections of the act.
The governing of all marriages of the Hindu religion in India is done under the Hindu Marriage Act 1955. Every aspect of a marriage including Husband, Wife, Marriage, Commitment, Sex and child rearing are covered under this act.
This document discusses succession laws in India. It covers the Indian Succession Act of 1925, which governs intestate and testamentary succession for Hindus, Christians, Parsis and Jews. Muslim succession is governed by Muslim personal law derived from Islamic scriptures. The key points are:
1) Succession can be testamentary (with a will) or intestate (without a will). Different laws apply based on religion.
2) The Indian Succession Act of 1925 created common rules for most communities, except Muslims who are governed by Muslim personal law.
3) Muslim law recognizes sharers who receive fixed portions and residuaries who receive remaining portions. It also has rules around legitimacy of
The document discusses key aspects of the Hindu Marriage Act of 1955 including:
1) It codified and reformed Hindu personal law, allowing inter-caste and inter-religious marriages between Hindus, Buddhists, Sikhs and Jains.
2) It introduced monogamy, setting the marriageable age as 18 for women and 21 for men, and prohibited bigamy and polygamy.
3) It relaxed restrictions around prohibited degrees of relationship for marriage and allowed for divorce and judicial separation on grounds like mental illness, unsoundness of mind, unfitness for marriage and procreation.
The Majority Act of 1875 establishes the age of majority in Pakistan. It sets 18 as the age of majority for those without a court-appointed guardian. For those with a court-appointed guardian, the age of majority is 21. The Act aims to standardize and clarify the age of majority. It does not affect matters of marriage, dower, divorce, adoption, or religious rites. Court rulings have interpreted that the Act allows minors to sue regarding marriage, dower, divorce, and adoption matters upon reaching puberty even if under 18. The Act also provides guidance on calculating a person's age for determining if they have reached the age of majority.
This bill aims to amend the Indian Penal Code to criminalize marital rape by removing the exception for sexual acts committed by a man against his own wife. It notes that India has ratified international conventions promoting women's rights but domestic laws still fail to recognize a woman's right to sexual autonomy. The bill proposes deleting the exception for marital rape from the definition of rape to prohibit this form of violence against women and bring laws in line with India's international obligations. However, it acknowledges that changing laws alone is not enough and underlying social attitudes must also change for true progress to be made.
The document summarizes key provisions of the Hindu Marriage Act of 1955 in India. It outlines conditions for marriage such as neither party having a living spouse or being mentally unfit. It describes marriage ceremonies that must include seven steps around a sacred fire to be complete. It also discusses registering marriages with the state for proof. The document notes that courts may decree restitution of conjugal rights if one spouse withdraws without reasonable excuse or grant judicial separation if certain grounds are met.
Myanmar_Transfer of Immovable Property and Restrictions Act 1987Dr. Oliver Massmann
This document summarizes key provisions of Burma's Transfer of Immoveable Property Restriction Act of 1987. The act places severe restrictions on foreigners and foreign-owned companies owning immovable property in Burma. It prohibits the sale, purchase, gift, pledge, exchange or transfer of immovable property to or from foreigners. It also prohibits leases of immovable property to foreigners for terms exceeding one year. Violations of the act can result in imprisonment of up to 5 years and confiscation of the property as state-owned. The act requires registration of any immovable property owned by foreigners.
The 1923 Egyptian Constitution was the first constitution in Egypt and established a constitutional monarchy system. It was drafted by a committee of 30 members representing Egypt's political parties, popular movements, and religious and ethnic groups [1]. The Constitution defined the powers of the King and ministers, and it covered rights and public freedoms [2]. It had 170 articles organizing the state structure and defining the roles of the King, ministers, parliament, judiciary and local councils [3]. The Constitution remained in effect until it was canceled in 1935, but it laid the foundations for a more liberal era in Egypt and influenced subsequent constitutions.
The Anti-Constitutional, Anti-Hindu "Prevention of Communal and Targeted Viol...Sardar Sanjay Matkar
"Prevention of Communal and Targeted Violence Bill 2011" is enforceable all over India EXCEPT the State of Jammu & Kashmir; where Kashmiri Pandits are a minority. When reading this document, the phrase 'Religious and Linguistic Minorities' should be read same as "Muslim". If enforced in J&K, this Bill will lead to the prosecution of Muslims, hence it is not applicable there.
The document provides an overview of the Transfer of Property Act of 1882 in India. Some key points:
1) It defines and amends certain parts of the law relating to the transfer of property by act of parties.
2) The Act was initially applicable only in certain regions of India but has since been extended to various other territories through amendments over time.
3) It repeals prior enactments relating to transfer of property while protecting existing rights, liabilities, and legal relations constituted before the Act came into force.
4) Key terms related to property transfer like "immoveable property", "instrument", and "
The document is the Constitution of the Kiowa Nation. It establishes the organization of the Kiowa Nation government including its branches and their powers. It protects individual rights and establishes qualifications for citizenship in the Kiowa Nation. It divides the Kiowa territory into 7 districts for representation in the legislative branch.
The document summarizes the Dowry Prohibition Act of 1961 which aims to prohibit the practice of dowry in India. Some key points:
- It defines dowry as any property or valuable security given by one party to a marriage, or their relatives, to the other party before, during or after the marriage.
- Giving or taking dowry is punishable by a minimum 5 years imprisonment and fine. Demanding dowry is punishable by 6 months to 2 years imprisonment and fine.
- Any agreement for dowry is void. Dowry received must be transferred to the woman within 3 months of marriage. Failure to do so is punishable.
- The Act also bans dow
This document summarizes the Dowry Prohibition Act of 1961 in India, which aims to prohibit the practice of dowry. Some key points:
- It defines dowry as any property or valuable security given by one party to a marriage to the other party, before, during or after the marriage. This does not include customary gifts or dower/mahr for Muslims.
- Giving or taking dowry is punishable by imprisonment of at least 5 years and a fine. Demanding dowry is punishable by 6 months to 2 years imprisonment and a fine.
- Advertising property/money shares for marriage is punishable by 6 months to 5 years imprisonment and a fine.
Making Women Alternatively Empowered Beyond Measure. (With Reference To The C...inventionjournals
International Journal of Humanities and Social Science Invention (IJHSSI) is an international journal intended for professionals and researchers in all fields of Humanities and Social Science. IJHSSI publishes research articles and reviews within the whole field Humanities and Social Science, new teaching methods, assessment, validation and the impact of new technologies and it will continue to provide information on the latest trends and developments in this ever-expanding subject. The publications of papers are selected through double peer reviewed to ensure originality, relevance, and readability. The articles published in our journal can be accessed online.
The document summarizes the Hindu Marriage Act of 1955 which codifies and amends laws related to marriage among Hindus in India. Some key points:
- It applies to Hindus, Buddhists, Sikhs and others not covered by other religious marriage laws. It defines who is considered a Hindu, Buddhist, etc. for the purpose of the act.
- It establishes conditions for a valid Hindu marriage such as age of consent, neither party already being married, not being within prohibited degrees of relationship, etc.
- It allows marriage ceremonies according to customary rites and recognizes marriage as valid after completion of ceremonies like saptapadi (taking 7 steps around a fire).
- It provides for registration
The document summarizes the Hindu Marriage Act of 1955 which codifies and amends laws related to marriage among Hindus in India. Some key points:
- It applies to Hindus, Buddhists, Sikhs and others not covered by other religious marriage laws. It defines who is considered a Hindu, Buddhist, etc. for the purpose of the act.
- It establishes conditions for a valid Hindu marriage such as age of consent, neither party already being married, not being within prohibited degrees of relationship, etc.
- It allows marriage ceremonies according to customary rites and recognizes marriage as valid after completion of ceremonies like saptapadi (taking 7 steps around the sacred fire).
- It provides for
The document discusses succession and inheritance under the Hindu Succession Act of 1956. Some key points:
- The Act provides a uniform system of inheritance for Hindus, Buddhists, Jains and Sikhs. It abolishes the limited estate of Hindu women and gives them absolute rights over property.
- For intestate succession (without a will), the property of a male Hindu devolves to Class I heirs (relatives like sons/daughters) then Class II heirs like father. Failing which it goes to agnates (by blood) and then cognates.
- For females, the property devolves to sons/daughters and husband. The 2005 amendment allows daughters equal rights in
The document discusses Hindu law on guardianship of minor children in India. It provides context on how guardianship was developed under British rule, with father identified as the natural guardian and mother after his death. The Hindu Minority and Guardianship Act of 1956 codified and reformed Hindu law on guardianship of minors. The Act declares who are considered natural guardians of Hindu minors in respect to their person and property, and imposes restrictions on guardian powers. It is both a codifying and supplementary enactment to be read with the Guardians and Wards Act of 1890.
This document outlines the Hindu Adoptions and Maintenance Act of 1956 which regulates adoptions and maintenance among Hindus in India. Some key points:
- It applies to Hindus, Buddhists, Jains, Sikhs, and others not covered by other religious personal laws.
- Only certain individuals have the capacity to adopt or be adopted, such as Hindus who are of sound mind and not minors.
- Adoptions must meet conditions like the adoptive parent not already having a son to ensure the adopted child's welfare.
- An adopted child is deemed the child of the adoptive parents and severs ties with their birth family, except for marriage.
- Spouses, children,
This document outlines the Hindu Adoptions and Maintenance Act of 1956 which regulates adoptions and maintenance among Hindus in India. Some key points:
- It applies to Hindus, Buddhists, Jains, Sikhs, and others not covered by other religious personal laws.
- It sets rules for who has the capacity to adopt and be adopted, including requirements that adoptive parents/guardians cannot have living biological children of a certain relationship, and age differences between adoptive parents and children.
- The biological father has sole authority to give a child up for adoption, but requires mother's consent unless she has renounced the world or been declared unfit. The mother can give the child up if the
This document provides an overview of key concepts in Hindu law related to joint Hindu family, coparcenary, sources of Hindu law, succession and inheritance, adoption, and Hindu marriage.
Some key points:
- A joint Hindu family consists of lineal descendants of a common male ancestor, along with their wives and unmarried daughters. Members are joint in estate, food, and worship.
- Coparcenary is a narrower body that includes only sons, grandsons, and great-grandsons who acquire interest in ancestral property by birth.
- Sources of Hindu law include old sources like the Vedas and Smritis, as well as new sources like principles of equity, judicial decisions, and commentaries
The present slides relate to the concept of Succession in the bothe Christian and Parsi law as given under the Indian Succession Act, 1925. Useful for Law students and Professionals.
The document summarizes key aspects of fundamental rights protected under the Constitution of Bangladesh. It outlines rights such as equality before the law, prohibition of discrimination, equal opportunity in public employment, protection of life and personal liberty, freedom of movement, assembly, association, religion, and rights to property. It also describes protections regarding arrest and detention, prohibition of forced labor, and the right to protection under law. Enforcement of these fundamental rights is guaranteed and Parliament may provide indemnity or validate prior acts related to national liberation.
SCs and STs (PoA) Act 1989. This contains the bare Act. Use along with the entire set of files (POA 1 to POA 9) to monitor its implementation using the Right to Information Act 2005 (RTI).
It can also be accessed at http://socialjustice.nic.in/poa-act.php
More on the Act and its implementation can be accessed at the WIKI page:
http://en.wikipedia.org/wiki/Scheduled_Caste_and_Scheduled_Tribe_(Prevention_of_Atrocities)_Act,_1989
This document is the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 which aims to prevent atrocities against members of Scheduled Castes and Scheduled Tribes in India. Some key points:
- It defines various offences against Scheduled Castes and Scheduled Tribes such as forced consumption of obnoxious substances, assault, dispossession from land, and fabricating false evidence.
- It provides for special courts to try offences under this Act and special public prosecutors.
- It allows for externment of persons likely to commit offences, including removal from an area and permission requirements to return.
- It provides for penalties and enhanced
Hindu adoption and maintenance act new docamannirvana
This document summarizes key provisions of the Hindu Adoption and Maintenance Act. The Act aims to modernize Hindu adoption laws. Some main points:
1. The Act removes all religious aspects from adoption, requiring only compliance with the Act's provisions. Adoptions no longer require religious ceremonies.
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1. HINDU SUCCESSION ACT, 1956
[Act No. 30 of Year 1956, dated 17th. June, 1956]
An Act to amend and codify the law relating to intestate succession among Hindus
Be it enacted by Parliament in the Seventh Year of the Republic of India as follows: -
CHAPTER I: PRELIMINARY
1. Short title and extent
(1) This Act may be called the Hindu Succession Act, 1956
(2) It extends to the whole of India except the State of Jammu and Kashmir.
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 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 section.
3. Definitions and interpretations
(1) In this Act, unless the 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 Act, 1949, or by the customary
Aliyasantana law with respect to the matters for which provision is made in this Act;
(c) "cognate" - one person is said to be a cognate of another if the two are related by blood or
adoption but not wholly through males;
(d) the expressions "custom" and "usage" signify any rule which having been continuously and
uniformly observed for a long time, has obtained the force of law among Hindus in any local area,
tribe, community, group or family:
PROVIDED that the rule is certain and not unreasonable or opposed to public policy:
2. PROVIDED FURTHER that in the case of a rule applicable only to a family it has not been
discontinued by the family;
(e) "full blood", "half blood" and "uterine blood"-
(i) two persons said to be related to each other by full blood when they are descended from a
common ancestor by the same wife, and by half blood when they are descended from a common
ancestor but by different wives;
(ii) two persons are said to be related to each other by uterine blood when they are descended
from a common ancestress but by different husbands;
Explanation : In this clause "ancestor" includes the father and "ancestress" the mother,
(f) "heir" means any person, male or female, who is entitled to succeed to the property of an
intestate under this Act;
(g) "intestate" - a person is deemed to die intestate in respect of property of which he or she has
not made a testamentary disposition capable of taking effect;
(h) "marumakkattayam law" means the system of law applicable to persons-
(a) who, if this Act had not been passed, would have been governed by the Madras
Marumakkattayam Act, 1932; the Travancore Nayar Act; the Travancore Ezhava Act; the Travancore
Nanjinad Vellala Act; the Travancore Kshatriya Act; the Travancore Krishnanvaka Marumakkathayyee
Act; the Cochin Marumakkathayam Act; or the Cochin Nayar Act with respect to the matters for which
provision is made in this Act; or
(b) who belong to any community, the members of which are largely domiciled in the State of
Travancore-Cochin or Madras 1
[as it existed immediately before the lst November, 1956,] and who, if
this Act had not been passed, would have been governed with respect to the matters for which
provision is made in this Act by any system of inheritance in which descent is traced through the
female line;
but does not include the Aliyasantana law;
(i) " Nambudri law " means the system of law applicable to persons who if this Act had not been
passed, would have been governed by the Madras Nambudri Act, 1932; the Cochin Nambudri Act; or
the Travancore Malayala Brahmin Act with respect to the matters for which provision is made in this
Act;
(j) "related" means related by legitimate kinship:
PROVIDED that 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; and
any word expressing relationship or denoting a relative shall be construed accordingly.
(2) In this Act, unless the context otherwise requires, words imparting the masculine gender shall not
be taken to include females.
4. Overriding effect of Act
(1) Save as otherwise expressly provided in this Act,-
(a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force
immediately before the commencement of this Act shall cease to have effect with respect to any matter
for which provision is made in this Act;
(b) any other law in force immediately before the commencement of this Act shall cease to apply
to Hindus insofar as it is inconsistent with any of the provisions contained in this Act.
(2) For the removal of doubts it is hereby declared that nothing contained in this Act shall be deemed
to affect the provisions of any law for the time being in force providing for the prevention of
fragmentation of agricultural holdings or for the fixation of ceilings or for the devolution of tenancy
rights in respect of such holdings.
CHAPTER II: INTESTATE SUCCESSION
GENERAL
5. Act not to apply to certain properties
This Act shall not apply to-
3. (i) any property succession to which is regulated by the Indian Succession Act, 1925, by reason of
the provisions contained in section 21 of the Special Marriage Act, 1954;
(ii) any estate which descends to a single heir by the terms of any covenant or agreement entered into
by the Ruler of any Indian State with the Government of India or by the terms of any enactment passed
before the commencement of this Act;
(iii) the Valiamma Thampuran Kovilagam Estate and the Palace Fund administered by the Palace
Administration Board by reason of the powers conferred by Proclamation (IX of 1124) dated 29th
June, 1949, promulgated by the Maharaja of Cochin.
6. Devolution of interest of coparcenary property
When a male Hindu dies after the commencement of this Act, having at the time of his death an interest
in a Mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon
the surviving members of the coparcenary and not in accordance with this Act:
PROVIDED that, if the deceased had left him surviving a female relative specified in class I of the
Schedule or a male relative specified in that class who claims through such female relative, the interest
of the deceased in the Mitakshara coparcenary property shall devolve by testamentary or intestate
succession, as the case may be, under this Act and not by survivorship.
Explanation I: For the purposes of this section, the interest of a Hindu Mitakshara coparcener shall be
deemed to be the share in the property that would have been allotted to him if a partition of the
property had taken place immediately before his death, irrespective of whether he was entitled to claim
partition or not.
Explanation 2: Nothing contained in the proviso to this section shall be construed as enabling a person
who has separated himself from the coparcenary before the death of the deceased or any of his heirs to
claim on intestacy a share in the interest referred to therein.
7. Devolution of interest in the property of a tarwad, tavazhi, kutumba, kavaru
or illom
(1) When a Hindu to whom the marumakkattayam or nambudri law would have applied if this Act
had not been passed dies after the commencement of this Act, having at the time of his or her death an
interest in the property of a tarwad, tavazhi or illom, as the case may be, his or her interest in the
property shall devolve by testamentary or intestate succession, as the case may be, under this Act and
not according to the marumakkattayam or numbudri law.
Explanation : For the purposes of this sub-section, the interest of a Hindu in the property of a
tarwad, tavazhi or illom shall be deemed to be the share in the property of the tarwad, tavazhi or illom,
as the case may be, that would have fallen to him or her if a partition of that property per capita had
been made immediately before his or her death among all the members of tarwad, tavazhi or illom, as
the case may be, then living, whether he or she was entitled to claim such partition or not under the
marumakkattayam or nambudri law applicable to him or her, and such share shall be deemed to have
been allotted to him or her absolutely.
(2) When a Hindu to whom the aliyasantana law would have applied if this Act had not been passed,
dies after the commencement of this Act, having at the time of his or her death an undivided interest in
the property of a kutumba or kavaru, as the case may be his or her interest in the property shall devolve
by testamentary or intestate succession, as the case may be, under this Act and not according to the
aliyasantana law.
Explanation : For the purposes of this sub-section, the interest of a Hindu in the property of kutumba
or kavaru shall be deemed to be the share in the property of the kutumba or kavaru as the case may be,
that would have fallen to him or her if a partition of that property per capita had been made
immediately before his or her death among all the members of the kutumba or kavaru, as the case may
be, then living, whether he or she was entitled to claim such partition or not under the aliyasantana law,
and such share shall be deemed to have been allotted to him or her absolutely.
(3) Notwithstanding anything contained in sub-section (1), when a sthanamdar dies after the
commencement of this Act, sthanam property held by him shall devolve upon the members of the
family to which the sthanamdar belonged and the heirs of the sthanamdar as if the sthanam property
had been divided per capita immediately before the death of the sthanamdar among himself and all the
members of his family then living, and the shares falling to the members of his family and the heirs of
the sthanamdar shall be held by them as their separate property.
4. Explanation: For the purposes of this sub-section, the family of a sthanamdar shall include every
branch of that family, whether divided or undivided, the male members of which would have been
entitled by any custom or usage to succeed to the position of sthanamdar if this Act had not been
passed.
8.General rules of succession in the case of males
The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter-
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II
of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.
9. Order of succession among heirs in the Schedule
Among the heirs specified in the Schedule, those in class I shall take simultaneously and to the
exclusion of all other heirs; those in the first entry in class II shall be preferred to those in the second
entry; those in the second entry shall be preferred to those in the third entry; and so on in succession.
10 Distribution of property among heirs in class I of the Schedule
The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance
with the following rules:
Rule 1-The intestate’s widow, or if there are more widows than one, all the widows together, shall take
one share.
Rule 2-The surviving sons and daughters and the mother of the intestate shall each take one share.
Rule 3-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate
shall take between them one share.
Rule 4-The distribution of the share referred to in Rule 3-
(i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows
together) and the surviving sons and daughters get equal portions; and the branch of his predeceased
sons gets the same portion;
(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving
sons and daughters get equal portions.
11. Distribution of property among heirs in class II of the Schedule
The property of an intestate shall be divided between the heirs specified in any one entry in class II of
the Schedule so that they share equally.
12. Order of succession among agnates and cognates
The order of succession among agnates or cognates, as the case may be, shall be determined in
accordance with the rules of preference laid down hereunder:
Rule 1- Of two heirs, the one who has fewer or no degrees of ascent is preferred.
Rule 2- Where the number of degrees of ascent is the same or none, that heir is preferred who has
fewer or no degrees of descent.
Rule 3- Where neither heirs is entitled to be preferred to the other under Rule 1 or Rule 2 they take
simultaneously.
13. Computation of degrees
(1) For the purposes of determining the order of succession among agnates or cognates, relationship
shall be reckoned from the intestate to the heir in terms of degrees of ascent or degrees of descent or
both, as the case may be.
5. (2) Degrees of ascent and degrees of descent shall be computed inclusive of the intestate.
(3) Every generation constitutes a degree either ascending or descending.
14. Property of a female Hindu to be her absolute property
(1) Any property possessed by a Female Hindu, whether acquired before or after the commencement
of this Act, shall be held by her as full owner thereof and not as a limited owner.
Explanation: In this sub-section, "property" includes both movable and immovable property
acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or
arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her
marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner
whatsoever, and also any such property held by her as stridhana immediately before the
commencement of this Act.
(2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under
a will or any other instrument or under a decree or order of a civil court or under an award where the
terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in
such property.
15. General rules of succession in the case of female Hindus
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in
section 16 :
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or
daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1)-
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the
absence of any son or daughter of the deceased (including the children of any pre-deceased son or
daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon
the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall
devolve, in the absence of any son or daughter of the deceased (including the children of any pre-
deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified
therein, but upon the heirs of the husband.
16. Order of succession and manner of distribution among heirs of a female
Hindu
The order of succession among the heirs referred to in section 15 shall be, and the distribution of the
intestate’s property among those heirs shall take place, according to the following rules, namely:-
Rule 1- Among the heirs specified in sub-section (1) of section 15, those in one entry shall be preferred
to those in any succeeding entry and those including in the same entry shall take simultaneously.
Rule 2- If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own
children alive at the time of the intestate’s death, the children of such son or daughter shall take
between them the share which such son or daughter would have taken if living at the intestate’s death.
Rule 3-The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and (e)
of sub-section (1) and in sub-section (2) of section 15 shall be in the same order and according to the
same rules as would have applied if the property had been the father’s or the mother’s or the husband’s
as the case may be, and such person had died intestate in respect thereof immediately after the
intestate’s death.
17. Special provisions respecting persons governed by Marumakkattayam and
Aliyasantana laws
6. The provisions of sections 8, 10, 15 and 23 shall have effect in relation to persons who would have
been governed by the marumakkattayam law or aliyasantana law if this Act had not been passed as if-
(i) for sub-clauses (c) and (d) of section 8, the following had been substituted, namely:-
"(c) thirdly, if there is no heir of any of the two classes, then upon his relatives, whether agnates or
cognates.";
(ii) for clauses (a) to (e) of sub-section (1) of section 15, the following had been substituted,
namely:-
"(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or
daughter) and the mother;
(b) secondly, upon the father and the husband;
(c) thirdly, upon the heirs of the mother;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the husband.";
(iii) clause (a) of sub-section (2) of section 15 had been omitted;
(iv) section 23 had been omitted.
GENERAL PROVISIONS RELATING TO SUCCESSION
18. Full blood preferred to half blood
Heirs related to an intestate by full blood shall be preferred to heirs related by half blood, if the nature
of the relationship is the same in every other respect.
19. Mode of succession of two or more heirs
If two or more heirs succeed together to the property of an intestate, they shall take the property-
(a) save as otherwise expressly provided in this Act, per capita and not per stripes; and
(b) as tenants-in-common and not as joint tenants.
20. Right of child in womb
A child who was in the womb at the time of death of an intestate and who is subsequently born alive
has the same right to inherit to the intestate as if he or she had been born before the death of the
intestate, and the inheritance shall be deemed to vest in such a case with effect from the date of the
death of the intestate.
21. Presumption in cases of simultaneous deaths
Where two persons have died in circumstances rendering it uncertain whether either of them, and if so
which, survived the other, then for all purposes affecting succession to property, it shall be presumed,
until the contrary is proved, that the younger survived the elder.
22. Preferential right to acquire property in certain cases
(1) Where, after the commencement of this Act, interest in any immovable property of an intestate,
or in any business carried on by him or her, whether solely or in conjunction with others, devolve upon
to two or more heirs specified in class I of the Schedule, and any one of such heirs proposes to transfer
his or her interest in the property or business, the other heirs shall have a preferential right to acquire
the interest proposed to be transferred.
(2) The consideration for which any interest in the property of the deceased may be transferred under
this section shall, in the absence of any agreement between the parties, be determined by the court on
application being made to it in this behalf, and if any person proposing to acquire the interest is not
willing to acquire it for the consideration so determined, such person shall be liable to pay all costs of
or incident to the application.
(3) If there are two or more heirs specified in class I of the Schedule proposing to acquire any
interest under this section, that heir who offers the highest consideration for the transfer shall be
preferred.
7. Explanation : In this section, "court" means the court within the limits of whose jurisdiction the
immovable property is situate or the business is carried on, and includes any other court which the
State Government may, by notification in the Official Gazette, specify in this behalf.
23. Special provision respecting dwelling houses
Where a Hindu intestate has left surviving him or her both male and female heirs specified in class I of
the Schedule and his or her property includes a dwelling-house wholly occupied by members of his or
her family, then, notwithstanding anything contained in this Act, the right of any such female heir to
claim partition of the dwelling-house shall not arise until the male heirs choose to divide their
respective shares therein; but the female heir shall be entitled to a right of residence therein:
PROVIDED that where such female heir is a daughter, she shall be entitled to a right of residence in
the dwelling-house only if she is unmarried or has been deserted by or has separated from her husband
or is a widow.
24. Certain widows remarrying may not inherit as widows
Any heir who is related to an intestate as the widow of a pre-deceased son, the widow of a pre-
deceased son of a pre-deceased son or the widow of a brother shall not be entitled to succeed to the
property of the intestate as such widow, if on the date the succession opens, she has re-married.
25. Murderer disqualified
A person who commits murder or abets the commission of murder shall be disqualified from inheriting
the property of the person murdered, or any other property in furtherance of the succession to which he
or she committed or abetted the commission of the murder.
26. Convert’s descendants disqualified
Where, before or after the commencement of this Act, a Hindu has ceased or ceases to be a Hindu by
conversion to another religion, children born to him or her after such conversion and their descendants
shall be disqualified from inheriting the property of any of their Hindu relatives, unless such children or
descendants are Hindus at the time when the succession opens.
27. Succession when heir disqualified
If any person is disqualified from inheriting any property under this Act, it shall devolve as if such
person had died before the intestate.
28. Disease, defect, etc. not to disqualify
No person shall be disqualified from succeeding to any property on the ground of any disease, defect or
deformity, or save as provided in this Act, on any other ground whatsoever.
ESCHEAT
29. Failure of heirs
If an intestate has left no heir qualified to succeed to his or her property in accordance with the
provisions of this Act, such property shall devolve on the government; and the government shall take
the property subject to all the obligations and liabilities to which an heir would have been subjected.
Chapter III: TESTAMENTARY SUCCESSION
30. Testamentary succession
8. 2
[* * *] Any Hindu may dispose of by will or other testamentary disposition any property, which is
capable of being so disposed of by him, in accordance with the provisions of the Indian Succession
Act, 1925, or any other law for the time being in force and applicable to Hindus.
Explanation: The interest of a male Hindu in a Mitakshara coparcenary property or the interest of a
member of a tarwad, tavazhi, illom, kutumba or kavaru in the property of the tarwad, tavazhi, illom,
kutumba or kavaru shall notwithstanding anything contained in this Act or in any other law for the time
being in force, be deemed to be property capable of being disposed of by him or by her within the
meaning of this 3
[section.]
4
[* * *]
CHAPTER IV: REPEAL
31. Repeal
[Rep. by Repealing and Amending Act, 1960 (58 of 1960)]
THE SCHEDULE
[Section 8]
HEIRS IN CLASS I AND CLASS II
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-
deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-
deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a
pre-deceased son of a pre-deceased son.
CLASS II
I. Father.
II. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.
III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s daughter’s son, (4)
daughter’s daughter’s daughter.
IV. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
V. Father’s father; father’s mother.
VI.. Father’s widow; brother’s widow.
VII. Father’s brother; father’s sister.
VIII. Mother’s father; mother’s mother.
IX. Mother’s brother; mother’s sister.
Explanation : In this Schedule, references to a brother or sister do not include references to a brother
or sister by uterine blood.
Foot Notes
1 Inserted by the Adaptation of Laws (No. 3) Order, 1956.
2 Parantheses and figure "(1)" omitted by Act No. 58 of 1960.
3 Substituted for the word "Sub-section" by Act No. 56 of 1974.
4 Sub-section (2) omitted by Act No. 78 of 1956.