Hindu Succession Act,1956

Act No : 30

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Section : Over-riding effect of Act.

4.(1)Over-riding effect of Act. Save as otherwise expressly provided in this Act,- (a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act ; (b) any other law in force immediately before the commencement of this Act shall cease to apply to Hindus in so far as it is inconsistent with any of the provisions contained in this Act. (2) For the removal of doubts it is hereby declared that nothing contained in this Act shall be deemed to affect the provisions of any law for the time being in force providing for the prevention of frag- mentation of agricultural holdings or for the fixation of ceilings or for the devolution of tenancy rights in respect of such holdings.

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Comments

Shambasiv wrote on 02 May 2009

Act being only of prospective nature so where the heir is not a limited owner, this Act would in no way affect his succession; but it is essential that succession should have taken place prior to the commencement of this Act.-Rameshwar v. Hemant Kumar AIR 1985 Pat.168.

veenzar wrote on 02 May 2009

Prior to the present Hindu Succession Act came into force, there was a custom prevailing in Punjab, disentitling daughters to inherit. But now the legal position different according to which where the last male holder died after the Act, the previous law disentitling the daughters to succeed, is no more valid.- Manshan v. Tejram AIR 1980 SC 558.

Prakash Yedhula wrote on 02 May 2009

Mode of devolution as laid down under section 36(5) of the Madras Aliyasantana Act has to give a way to what is laid down in s.8 of the Hindu Succession Act as regard separate property and to s.7 (2) where the property is undivided interest- Sundari v. Laxmi AIR 1980 SC 198

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