Hindu Law of Succession: From the Śāstras to Modern Law

Summary

0.1 On June 17, 1956 the President of India gave his assent to The Hindu Succession Act 1956 (Act No. 30 of 1956). As stated in the Preamble, it is “an Act to amend and codify the law relating to intestate succession among Hindus.” Both terms are important: “amend” and “codify.” Indeed,

the law before this Act was the law laid down by the Smritikaras and the commentators as modified by custom and usage and as interpreted and applied by judicial decisions. But the law differed from place to place according to the schools exercising their influence in different parts of India. The present Act has attempted to codify the whole law of intestate succession, making it uniformly applicable to all Hindus, with the result that such differences as arose in the past between the schools of law have now disappeared.

(Gupte 1963: 316)

Smṛtikāras, commentators, customs, usage, schools of law, judicial decisions: they all are part of the long and checkered career of the law of inheritance and succession in India, which is now amended and codified by The Hindu Succession Act, 1956 (See also Mulla 1959; Derrett 1957, 1963).