Overview of The Hindu Succession Act 1956

The Hindu Succession Act, 1956 – Evolution and Key Amendments

After India attained independence, the Government of India enacted several important legislations to govern and administer the nation effectively. Acts such as the Companies Act, 1956, Hindu Succession Act, 1956, Income Tax Act, 1961, Wealth Tax Act, and Gift Tax Act, among others, were introduced to ensure smooth functioning and regulation across various sectors of governance and public life.

Over the past 75 years of independence, India has successfully maintained a strong legal and administrative framework. Wherever challenges arose in interpretation or implementation, the Government addressed them through timely amendments or by introducing entirely new legislation. For example, the Companies Act, 1956 was replaced by the Companies Act, 2013; the Hindu Succession Act, 1956 was amended in 2005; and the Income Tax Act, 1961 continues to be revised periodically, most recently through the proposed Income Tax Bill, 2025. Similarly, the Wealth Tax Act and Gift Tax Act were repealed when they no longer served the country’s fiscal objectives.

In this article, we shall focus on The Hindu Succession Act, 1956, its applicability, and the major changes brought in by the 2005 Amendment.

Applicability of the Hindu Succession Act, 1956

The Hindu Succession Act, 1956 governs inheritance and succession among Hindus. Initially, it extended to the whole of India except the State of Jammu and Kashmir. However, following the abrogation of Article 370 of the Constitution, the Act is now applicable throughout India, including Jammu and Kashmir.

The Act applies to:

• Persons who are Hindus, Buddhists, Jains, or Sikhs by religion.

• Any person who is born to parents belonging to these religions.

It does not apply to individuals who follow Islam, Christianity, Parsi, or Judaism.

Exceptions under Section 5

Under Section 5, the Act does not apply to:

1. Property of persons whose marriage is solemnized under the Special Marriage Act, 1954, unless both spouses are Hindus.

2. Property of a ruler or former princely state, where succession is governed by a covenant or agreement between the ruler and the Government of India.

Devolution of Interest in Coparcenary Property – Section 6

One of the most significant provisions of the Act is Section 6, which deals with the devolution of interest in coparcenary property within a Hindu Undivided Family (HUF).

Originally, under the 1956 Act, only male members of a joint Hindu family were considered coparceners, meaning that daughters had no right by birth in ancestral property. However, the Hindu Succession (Amendment) Act, 2005 brought a revolutionary change by conferring equal rights to daughters as coparceners, on par with sons.

Key highlights of the 2005 Amendment:

• A daughter becomes a coparcener by birth, just like a son.

• She has equal rights and liabilities in the family property.

• A Hindu Undivided Family (HUF) can now consist solely of a father, mother, and daughter.

• The daughter is also responsible for the family’s debts, just like a son.

• The amendment does not affect partitions or transfers made before 20th December 2004.

Rights through Testamentary Succession (Will)

A coparcener can distribute his share in the HUF property through a Will.

Example:
If Mr. Atul, along with his wife, son, and daughter, forms an HUF, he can, through his Will, specify how his share in the HUF property should be distributed after his demise, in addition to his individual assets.

Furthermore, if a son or daughter of a coparcener dies before the coparcener, their legal heirs (spouse and children) are entitled to their share in the family property through representation.

Daughters as Karta of HUF

Following the 2005 Amendment, a daughter can also become the Karta (manager) of the Hindu Undivided Family if she is the senior-most coparcener. This is a major step toward gender equality in Hindu succession law.

Stepchildren and Rights in Property

A common question arises regarding the rights of stepchildren in the property of a stepparent.

If a woman has a child from her first marriage and later marries another man, the child has no right in the property of the stepfather, as there is no blood relationship. However, the child retains full rights over the mother’s property.

Similarly, if a widow or unmarried woman adopts or has a stepson and later marries another man, that stepson does not inherit the stepfather’s property but continues to have rights over the mother’s assets.

Conclusion

The Hindu Succession Act, 1956, as amended in 2005, represents a major milestone in India’s journey toward equality and social justice. It not only removed gender discrimination in inheritance but also strengthened the legal rights of women within the family system. By recognizing daughters as equal coparceners and potential Kartas, the law has redefined traditional notions of property and lineage in Hindu society—aligning India’s family laws with the spirit of the Constitution.