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Section 2 – The Hindu Succession Act, 1956

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, Parathana or Arya Samaj.

 

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

 

(c) to any of other person who is not a Muslim, Christian, Parsi or Jew by religion unless it is proved that any such persons would not have been governed by the Hindu law or by 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 parent is a Hindu, Buddhists, 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.

 

(c) any person who is convert or re-convert 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, through not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained inn this section.

 

STATE AMENDMENTS

 

Pondicherry:

 

In section 2, after sub-section (2) insert—

 

“(2A) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the Renouncants of the Union territory of Pondicherry.”

 

[Regulation 7 of 1963, sec. 3 and First Sch. (w.e.f. 1-10-1963).]

 

Comments

 

Applicability of the Act

 

The petitioner’s mother after marrying the petitioner’s father changed her religion and name. The petitioner was not able to prove that she was a member of the Hindu community as she could not show bona fide intention of being converted to the Hindu faith accompanied by conduct or unequivocally expressing that intention, thereby failing to avail the opportunity of section 2(b) of the Act; Sapna Jacob v. State of Kerala, AIR 1993 Ker 75.

 

 

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The Hindu Succession Act, 1956

 

 

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