Krishna 05 August 2017

Hindu succession act vs indian succession act

Section 30 of Hindu Succession Act says any Hindu may dispose of by Will or any testamentry succession in accordance with Indian Succession act Section 67 of Indian succession act says effect of Will bequest to attesting Witness (wife or husband) is void(bequest). 1. Is Hindu succession act 1956 overrides Indian succession act 1925 ? 2. Is Indian succession act applicable to Hindu's? If yes which portion? 3. Sec 67 ISA applicable to hindu's?

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10 Replies

Siddharth Srivastava (Advocate) 06 August 2017

Hindu Succession Act is applicable to particularly Hindus while Indian succession Act applies on other religions. There is no over riding affect.

Krishna 06 August 2017

Am asking about WILLs bequeathed by hindu's should be accordance of ISA?

Krishna 06 August 2017

Section 30 clearly states that point

Azhagananth (Lawyer) 06 August 2017

The Hindu Succession Act, 1956

2. Application of Act.—

(1) This Act applies—

(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;

(b) to any person who is a Buddhist, Jaina or Sikh by religion; and

(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:—

(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;

(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;

WHEREAS

THE INDIAN SUCCESSION ACT, 1925

4. Application of Part.—This Part shall not apply if the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina.

In Nutshell: - Maker/Author of Will - As per Hindu succession act the Maker/Authoof the Will, should be of Hindu Whereas per the Indian Suceesin act the Maker/Author of the shall not apply if the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina.

And Section 30 - Interprets - the Beneficiaries of will, not be a Hindu [even out of family member], it might be of choice of the maker.

This is my interpretation of will as per 'The Hindu Succession Act' & 'The Hindu Succession Act'..

Krishna 06 August 2017

I am confused, some of the sections of Indian succession act are applicable to hindu's also, refer section 57 of Indian succession act

Krishna 06 August 2017

some advocates and judges says it's not applicable to hindu's, but some says it's applicable partly..!

P. Venu (Advocate) 06 August 2017

What are the facts? What is the issue invlved?

Krishna 06 August 2017

A male Hindu bequeathed all his properties by way of registered Will in 1975 in favour of his wife and two sons by simply mentioning 1/3rd share each. Here the wife of the executant being one of the beneficiary made the one attesting Witness out of two. According to sec 30 of HSA act and sec 57, 67 of ISA act. the bequest made in favour of wife(attestor) will be void or not? HSA act 1956 overrides ISA act 1925?

Krishna 06 August 2017

A male Hindu bequeathed all his properties by way of registered Will in 1975 in favour of his wife and two sons by simply mentioning 1/3rd share each. Here the wife of the executant being one of the beneficiary made the one attesting Witness out of two in the said WILL According to sec 30 of HSA act and sec 57, 67 of ISA act. the bequest made in favour of wife(attestor) will be void or not? HSA act 1956 overrides ISA act 1925?