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What is the difference between the Indian succession act and the Hindu succession act?


Vani Asok

Sane and sound

The succession laws are laws governing the transfer of properties from one person to another after the death of the former person. There are various laws governing property transfer in India since India is a religiously diverse country. Hindus, Sikhs, Parsis, Jains, Buddhists, Christians, Muslims, etc have their laws administering property succession.

There are two kinds of succession in general as testamentary succession and intestate succession. Testamentary succession is the succession in which the property is transferred as per the will made by the person before his death. Intestate succession is when a person holding the ownership of the property passes away without making any proper will. Under such conditions, the general constitutional laws are applied to deliver the property to the rightful person.

Indian Succession Act, 1925

All the general succession laws are governed by the Indian Succession Act. If the succession is a Testamentary or Testate succession, then the transfer falls under the mentioned law. But if there is no proper will written, then the succession is governed by the corresponding laws of each religion.

Under Testate succession, the property is equally divided among the spouse and children of the deceased person, including people from all religions. The Act was enacted on 30th September 1925 to direct and control the property succession after the passing of a person.

Hindu Succession Act, 1956

This Act specifically oversees the succession of Hindus, including Jains, Buddhists, and Sikhs. The Act applies to all people falling under the mentioned category, excluding Muslims, Christians, Parsis, Jews, and people of Jammu and Kashmir.

If the property owner passes away without a properly written will, then the case is dealt with based on the Hindu Succession Act,1956. If a Hindu citizen gets converted to other religions, then the successors of that person won't fall under the Hindu Succession Act until they convert back to Hinduism.

If there is no written disposition, the Indian Succession Act, 1925, is not relevant because of the existence of the Hindu system as Hindu Undivided Family(HUF) as per the Hindu Law. This was the reason why the Hindu Succession Act was issued to implement property transfer based on Hindu protocols and culture.

A detailed document discussing the Provision of the Indian Succession Act, 1925 and The Hindu Succession Act, 1956 is given here for further study and research on the topic.

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