Section 19 of The Hindu Succession Act, 1956
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 stirpes; and
- (b)as tenants-in-common and not as joint tenants.
Summary
- It explains how multiple heirs hold and divide property when they inherit it together.
- It requires heirs to share property per capita, meaning by headcount where each person gets an equal share, unless the law specifically says otherwise.
- It establishes that heirs hold property as tenants-in-common, meaning each owns a distinct, separate share.
- It ensures that when one co-inheritor dies, their share goes to their own heirs rather than automatically transferring to the surviving co-inheritors.
Practical examples
FAQ
1. Do heirs inherit as joint tenants under Section 19 of the Hindu Succession Act, 1956?
Under Section 19 of this 1956 Act, heirs inherit as tenants-in-common, meaning they each own a separate, distinct share that does not automatically go to the other heirs upon death.
2. What is the default method of sharing property under Section 19 of the Hindu Succession Act, 1956?
Under Section 19 of this Hindu succession law, the default is per capita, which means dividing the property equally among all eligible individual heirs by headcount.
3. Does Section 19 of the Hindu Succession Act, 1956, allow division by family branches?
Under Section 19 of this general law, division by family branches, known as per stirpes, is only allowed if the Act contains an express rule stating so.
Test yourself
Q1.Under Section 19 of the Hindu Succession Act, 1956, what is the default legal ownership status of multiple heirs inheriting property together?
Q2.Under Section 19 of the Hindu Succession Act, 1956, what does "per capita" distribution mean for inheriting heirs?
Q3.Under Section 19 of the Hindu Succession Act, 1956, what happens to an heir's share of inherited property when that heir dies?
Q4.Under Section 19 of the Hindu Succession Act, 1956, if a person dies leaving two full brothers and one half brother who are heirs of the same class, how does the rule in Section 18 affect their share?