PRELIMINARYCentral

Section 2 of The Hindu Succession Act, 1956

(1)This Act applies--
1. (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,
2. (b)to any person who is a Buddhist, Jaina or Sikh by religion, and
3. (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:--
4. (a)any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;
5. (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;
6. (c)any person who is a convert or reconvert 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.

Summary

This law applies to any person who is a Hindu by religion, including Virashaivas, Lingayats, and followers of the Brahmo, Prarthana, or Arya Samaj.
It also governs anyone who is a Buddhist, Jaina, or Sikh by religion.
It applies to any other person who is not a Muslim, Christian, Parsi, or Jew by religion, unless they prove they would not have been governed by Hindu law or custom if this law had not been passed.
Children, whether legitimate or illegitimate, are covered if both parents are Hindu, Buddhist, Jaina, or Sikh, or if one parent is of these religions and the child is brought up as a member of that parent's group.
Any convert or reconvert to the Hindu, Buddhist, Jaina, or Sikh religion is also governed by this law.
It does not apply to members of any Scheduled Tribe unless the Central Government directs otherwise by notification in the Official Gazette.

Practical examples

1Anita's father is a Hindu and her mother is a Sikh. She was raised in her mother's Sikh community in Punjab. When Anita inherits her parents' property, the rules of this 1956 law will apply to her because she is a Sikh by religion and was raised in that community.

2Kabir was born to Christian parents but later converted to the Buddhist faith in 2021. When Kabir dies without a will, this succession law will govern how his estate is divided because he is a convert to Buddhism.

3Meera belongs to a notified Scheduled Tribe in Central India. When her father passes away, the local customary tribal rules, rather than this 1956 Act, will govern the inheritance of his estate, unless the Central Government has published a special notice applying the Act to her tribe.

FAQ

1. Who is considered a Hindu under Section 2 of the Hindu Succession Act, 1956?

Under Section 2 of the Hindu Succession Act, 1956, the term Hindu includes followers of Virashaiva, Lingayat, Brahmo, Prarthana, and Arya Samaj, as well as Buddhists, Jainas, Sikhs, and converts to these religions.

2. Does the Hindu Succession Act, 1956 apply to Scheduled Tribes under Section 2?

Under Section 2 of the Hindu Succession Act, 1956, the law does not apply to members of any Scheduled Tribe unless the Central Government issues a specific notification in the Official Gazette.

3. Does Section 2 of the Hindu Succession Act, 1956 cover illegitimate children?

Under Section 2 of the Hindu Succession Act, 1956, an illegitimate child is covered if both parents are Hindu, Buddhist, Jaina, or Sikh, or if one parent is of those religions and the child was brought up in that community.

4. If someone is not a Muslim, Christian, Parsi, or Jew, does the Hindu Succession Act, 1956 apply to them under Section 2?

Under Section 2 of the Hindu Succession Act, 1956, the Act applies to such persons unless they prove they would not have been governed by Hindu law or custom if this Act had not been passed.

Test yourself

Q1.Under Section 2 of the Hindu Succession Act, 1956, to which of the following religious groups does the Act NOT apply?

Q2.Under Section 2 of the Hindu Succession Act, 1956, how does the Act apply to Scheduled Tribes?

Q3.Under Section 2 of the Hindu Succession Act, 1956, who is legally deemed to be a Hindu, Buddhist, Jaina, or Sikh?

Q4.Under Section 2 of the Hindu Succession Act, 1956, if a person is a convert to Buddhism, does this Act apply to them?

1PreviousSection 1 Short title and extent.3NextSection 3 Definitions and interpretation.

←Section 1 Section 3→