Sections 1 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 1, 4 and 5 are the opening provisions of the Hindu Succession Act, 1956. Section 1 gives the Act its name and says where it extends, section 4 says that older Hindu law and inconsistent laws give way to the Act, and section 5 lists three kinds of property to which the Act does not apply at all.
This article follows the consolidated text consulted (a third-party print; amendments shown up to Act 34 of 2019). Later amendments should be checked separately.
The Act is called the Hindu Succession Act, 1956 and, as the copy consulted prints it, it extends to the whole of India. Under section 4(1), old Hindu-law texts, rules, interpretations, customs and usages cease to have effect on any matter the Act provides for, and any other law ceases to apply to Hindus so far as it is inconsistent with the Act, save where the Act itself says otherwise. Section 5 then excludes three kinds of property from the Act altogether.
The Act at a glance
The Act is numbered Act 30 of 1956 and carries the date 17th June, 1956 under its title. The long title reads "An Act to amend and codify the law relating to intestate succession among Hindus." (A printing point: the long title speaks only of intestate succession, although Chapter III of the same Act deals with testamentary succession. It is quoted here as printed.)
The consolidated copy is arranged in four Chapters and one Schedule:
| Part | Heading in the copy | Sections |
|---|---|---|
| Chapter I | Preliminary | 1 to 4 |
| Chapter II | Intestate Succession, with sub-headings "General" (ss.5 to 17), "General provisions relating to succession" (ss.18 to 28) and "Escheat" (s.29) | 5 to 29 |
| Chapter III | Testamentary Succession | 30 |
| Chapter IV | Repeals | 31 (repealed) |
| The Schedule | Heirs in Class I and Class II (headed "See section 8") | - |
If these opening provisions raise a question for a particular estate, our legal consultation service can take it up with you against the text. Intestate means dying without having made a testamentary disposition that can take effect; section 3(g) defines the word, and our article on section 3 of the Hindu Succession Act walks through it.
Section 1: short title and extent
Section 1 has two sub-sections.
- Section 1(1): "This Act may be called the Hindu Succession Act, 1956."
- Section 1(2): "It extends to the whole of India" followed, in the copy, by a footnote mark.
The footnote to section 1(2) says that the words "except the State of Jammu and Kashmir" were omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019). That is the latest amendment the footnotes of the copy show. A second footnote, attached to the Act number, says the Act was extended to Dadra and Nagar Haveli by Reg. 6 of 1963 and to Pondicherry by Reg. 7 of 1963, as the footnote prints it.
"Extends to" tells you the territory of the Act. It does not tell you which persons the Act governs; that is the work of section 2, covered in our article on who is a Hindu under section 2.
Section 4: overriding effect over earlier law
Section 4(1) opens with the words "Save as otherwise expressly provided in this Act". Two consequences follow, each limited by what the Act itself provides.
- Clause (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".
- Clause (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".
The copy prints the date 17 June 1956 under the title and no separate commencement clause, so this article gives no other date for "the commencement of this Act".
Two points about the wording are worth holding on to:
- Clause (a) removes old Hindu law only for matters the Act provides for. If the Act is silent on a matter, clause (a) does not say that the old text, rule or custom has gone.
- Clause (b) removes other laws only to the extent of inconsistency, and only as they apply to Hindus.
Sub-section (2) of section 4 is omitted. In the copy it appears as a row of asterisks with a footnote: "Omitted by Act 39 of 2005, s. 2 (w.e.f. 9-9-2005)". The consolidated text shows 9 September 2005 as the date from which the 2005 changes run, and this article does not repeat what the omitted sub-section used to say.
A simple illustration
The following example is invented for this article and only applies the words of clause (a). Suppose the Menon family follows a rule, passed down in the family, about a matter on which the Act makes provision, for example the order in which relatives inherit from a man who dies intestate. Once the Act provides for that matter, section 4(1)(a) says the older rule "shall cease to have effect with respect to" it. If the same family has a rule about something the Act does not touch, section 4(1)(a), as worded, does not remove it.
Section 5: property the Act does not apply to
Section 5 is headed "Act not to apply to certain properties" and says the Act "shall not apply to" three items:
| Item | What the copy prints |
|---|---|
| (i) | Any property succession to which is regulated by the Indian Succession Act, 1925 (39 of 1925), by reason of the provisions contained in section 21 of the Special Marriage Act, 1954 (43 of 1954) |
| (ii) | Any estate which descends to a single heir by the terms of any covenant or agreement entered into by the Ruler of any Indian State with the Government of India, or by the terms of any enactment passed before the commencement of this Act |
| (iii) | The Valiamma Thampuran Kovilagam Estate and the Palace Fund administered by the Palace Administration Board by reason of the powers conferred by Proclamation (IX of 1124) dated 29th June, 1949, promulgated by the Maharaja of Cochin |
The text names other laws here (the Indian Succession Act, 1925 and section 21 of the Special Marriage Act, 1954). They are quoted as printed; check the current law for the corresponding provision before relying on them.
For a family dividing ordinary property after a death, items (ii) and (iii) will rarely matter. Item (i) is the one that can arise in a household, because it turns on how the property is regulated, not on the religion of the deceased. If the property falls within item (i), the Act does not apply to it, and the Hindu Succession Act's order of heirs cannot be used for that property.
How the three sections fit together
- Section 1 tells you the Act's name and territory.
- Section 4 tells you what happens to old Hindu law and inconsistent laws once the Act applies.
- Section 5 tells you where the Act does not apply, even to a Hindu.
If you are working out whether the Act governs a particular death, the usual order of questions is: is the person within section 2, is the property within section 5, and is there any matter on which the Act is silent? The Class I and Class II heirs that follow from section 8 are explained in our topic guide on intestate succession under the Hindu Succession Act.
Need help with a succession question?
If you are not sure whether the Act applies to a particular property, or which of these opening provisions bears on your facts, you can speak to our team through legal consultation. Bring the family tree and a list of the assets so the question can be framed against the text.
Key takeaways
- The Act is Act 30 of 1956, dated 17th June, 1956, and is called the Hindu Succession Act, 1956 by section 1(1).
- Section 1(2) extends the Act to the whole of India; the words "except the State of Jammu and Kashmir" are shown as omitted by Act 34 of 2019 (w.e.f. 31-10-2019).
- Section 4(1) ends the effect of old Hindu-law texts, rules, interpretations, customs and usages on matters the Act provides for, and ends other inconsistent laws for Hindus.
- Section 4(2) is omitted by Act 39 of 2005 (w.e.f. 9-9-2005).
- Section 5 lists three kinds of property to which the Act does not apply.
Read next
- Section 2 of the Hindu Succession Act, 1956: who is a Hindu
- Section 3 of the Hindu Succession Act, 1956: agnate, cognate, heir and intestate
- Section 6 of the Hindu Succession Act, 1956: coparcenary property and daughters
- Intestate succession under the Hindu Succession Act: Class I and Class II heirs
Disclaimer: Based on a third-party consolidated print of the Hindu Succession Act, 1956 showing amendments up to Act 34 of 2019 and on the text of the Hindu Succession (Amendment) Act, 2005, as consulted on 2 October 2026. It explains the words of the statute only; State amendments, later amendments and the way courts apply these sections should be checked. This article is general information, not legal advice; check the official text before acting.