Commentary on HINDU SUCCESSION ACT, 1956

Edition: 1st edn., 2025

ISBN: 978-93-4808-011-0

Pages: 592

Author: Neelam Kumar Jain

CHAPTER IPreliminary1 Short title and extent 1. Preamble — Object of the Act 2. Rules of interpretation of Title and Preamble 3. Codification of a particular branch of the law 4. Aid of the General Clauses Act, 1897 in interpreting the Statute 5. Date of commencement and coming into operation of the Act 6. Hindu Law being a personal law is not lex loci — Personal Law: Rule of presumption (i) Migration and school of law (ii) Migrating Families 2 Application of Act 1. Interpretation and scope of section 2 2. Provisions of section 2 is in reference to intestate but not heirs 3. Christians, Muslims, Parsis or Jews are not governed by the Hindu Succession Act (3-i) Illustration of Jujjavarapu Yesurao v Nadakuduru Kamala Kumar case 4. Word ‘Hindu’— Connotation of (1) Illustration of R. Sridharan case (2) Illustration of Balasubramanian v Vidya case 5. Jains included in the term ‘Hindu’ even if their religion is different 6. Term ‘Hindu law’ 7. Act does not apply to the members of a Scheduled Tribe (1) Scheduled Tribes — meaning (2) Act not applicable to custom governed tribals (3) Illustration of Kamla Neti case (4) Members of Scheduled Tribes who are Hinduised and follow Hindu traditions (5) Bathudis sub caste (6) Scheduled Tribe may be governed by the old Hindu Law (7) Whether provisions of the Act can protanto apply (8) Pleadings and proof for applicability of custom 8. Law of succession applicable to Christians in Pondicherry (1) Act not applicable to the Renoncants [s. 2(2A) of the Hindu Succession Act (Pondicherry)] (2) Extract of report of Mr. Gandhiraj, Government Pleader (Pondicherry) (3) Illustration of Theiry Santhanamal v Viswanathan case 9. Succession in case of a person entered into a religious order (9-i) Illustration of Sumer Chand case 10. Succession in case of a ‘Transgender’ dying intestate 11. The Hindu Succession Act is not retrospective in operation 12. Succession is governed by the law in force at the time succession opens 13. No divesting on account of widow’s remarriage or unchastity 3 Definitions and interpretations 1. Definitions — interpretation (1) Unless the context otherwise requires — Connotation (2) Meaning of the word ‘Context’ 2. Expression ‘related by blood’ 3. Custom or usage (1) Illustration of Munnalal v Rajkumar case (2) Illustration of Babulal v Resmabai case 4. Expression ‘heir’ 5. Devolution of property based on concept of kinship 6. Expression ‘related’ in Section 3(1)(j) 7. Relation by adoption 8. Words child, son or daughter— rule of construction 9. Illegitimate children 10. Word ‘wife’ 11. Words importing the masculine gender shall not be taken to include females 4 Overriding effect of Act 1. Extent, Scope and object of overriding application 2. Fiction of relation back in the case of adoption 3. Custom of Joridari system stood abrogated 4. Provision for succession to ‘agricultural land’ not ultra vires 5. Overriding effect over customary law of the Punjab 6. Right of son's son in his grandfather's property 7. Overriding effect over the Hindu Widows’ Re-Marriage Act, 1856 (7-i) Illustration of Harabati v Jasodhara Debi case 8. Overriding effect over Mysore Hindu Law Women's Right to Property Act 9. No overriding effect on matters not provided for in the Act (1) Wife’s or mother's right to a share on partition has not been abrogated (2) Female member’s right to sue for partition 10. Omitted sub-section (2) of Section 4 11. Succession in respect of agricultural land 12. General observation of the Parliamentary standing committee regarding s. 4(2) 13. Bhumidhari and Bhumiswami rights under Madhya Pradesh Land Revenue Code 14. The Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 15. The U. P. Zamindari Abolition and Land Reforms Act 16. Succession to bhumidhari rights under Delhi Land Reforms Act, 1954 17. Scope and effect of a ‘Declaratory decree’— 18. Consequence of ‘compromise decree’ CHAPTER IIIntestate Succession General5 Act not to apply to certain properties 1. The Act does not apply to certain properties 2. Succession in case of a Hindu whose marriage is solemnized under Special Marriage Act (2-i) Illustration of Archana Arun Palav v Jennifer Michael (2-ii) Illustration of Menaka Gandhi v Indira Gandhi case 3. Object and scope of section 5(ii) 4. History of integration of princely states 5. Definitions of “Indian State” and “Ruler” 6. Impartible estates — origin, nature and scope 7. Rule of Primogeniture 8. Succession in case of impartible estate and the effect of the Hindu Succession Act thereon (8-i) Illustration Tikka Shatrujit Singh v Brig Sukhjit Singh (8-ii) Illustration of Revathinnal Balagopala v Padmanabha Dasa (Travancore case) (8-iii) Illustration of Deepinder Kaur v Amrit Kaur case 9. Non applicability of the Act to the Valiamma Thampuran Kovilagam Estate and the Palace Fund (9-i) Illustration of Krishnakumari Thampuran v The Palace Administration Board 6 Devolution of interest in coparcenary property 1. Joint Hindu family concept, history and old Hindu law 2. Composition of joint Hindu family under Mitakshara School 3. Coparcenary and Coparcener under Mitakshara School of Hindu Law (1) Coparcenary under Mitakshara School (2) Coparcener under Mitakshara School 4. Joint Hindu family and coparcenary under Dayabhaga School 5. Distinction between Mitakshara joint Hindu family and Hindu coparcenary 6. Incidents of coparcenership under the Mitakshara law 7. Coparcenary property under Mitakshara law (1) Categories of coparcenary properties (2) The word ‘ancestor’ (3) Doctrine of blending (4) Death of a coparcener does not affect the status of Huf and coparcenary (5) The Act has not abrogated the Mitakshara law completely 8. Creation or existence of Hind