What is Hindu Succession Act?

is an Act relating to the succession and inheritance of property which lays down a comprehensive and uniform system which incorporates both succession and inheritance. 

It also deals with intestate succession, those properties which are unwilled. 

Therefore, this Act combines all the aspects of Hindu succession and the rules for succession in the case of males and females and brings them into its ambit.

Section 2 of this Act states that this Act is applicable to:

Any person who is Hindu by religion or any of its forms or developments, including a Virashaiva, Lingayat, or a Brahmo, Prarthna or Arya Samaj follower. 

Any person who is a Buddhist, Sikh or Jain by religion.

Any other person who is not a Muslim, Christian, Parsi, Jew, unless it is proved that such person would not be governed by Hindu law or custom. 

This Act shall also extend to the whole of India. 

However, this Section shall not apply to any Scheduled Tribes covered under the meaning of Article 366 of the Constitution, unless otherwise directed by the Central Government by a notification in the Official Gazette.

Who qualifies as a Hindu, Sikh, Jain or Buddhist?

A legitimate or illegitimate child, where both of his parents are either Hindus, Buddhists, Jains or Sikhs.

A legitimate or illegitimate child, one of whose parents is a Hindu, Buddhist, Jain or Sikh and is brought up as a member of the tribe, community, group or family to which such parent belongs.

Any person who is a convert or reconvert to the Hindu, Sikh, Jain or Buddhist religion.

Types of succession:

When a testament or a will governs the succession of the property, then it is referred to as testamentary succession. 

Under Hindu law, a Hindu male or female can make the will for the property.

The will should be legally enforceable to be valid. 

The distribution is made according to the provisions of the will.

When someone dies without leaving behind a will or a testament, in such a situation, the property is distributed among the legal heirs by following the laws of inheritance. Such a distribution is referred as an Intestate Succession.