Section 3 of HSA : Section 3: Definitions And Interpretation

The Hindu Succession Act, 1956

Bare Act

  • CHAPTER I: PRELIMINARY

(1) In this Act, unless the context otherwise requires, (a) "agnate" person is said to be an agnate of another if the two are related by blood or adoption wholly through males; (b) "aliyasantana law" means the system of law applicable to persons who, if this Act had not been passed, would have been governed by the Madras Aliyasantana Act, 1949, (Madras Act 9 of 1949) or by the customary aliyasantana law with respect to the matters for which provision is made in this Act; (c) "cognate" person is said to be a cognate of another if the two are related by blood or adoption but not wholly through males; (d) the expressions "custom" and "usage" signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family: Provided that the rule is certain and not unreasonable or opposed to public policy: Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family; (e) "full blood", "half blood", and "uterine blood" - two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife, and by half blood when they are descended from a common ancestor but by different wives; two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands; Explanation. In this clause, "ancestor" includes the father and "ancestress" the mother; (f) "heir" means any person, male or female, who is entitled to succeed to the property of an intestate under this Act; (g) "intestate" a person is deemed to die intestate in respect of property of which he or she has not made a testamentary disposition capable of taking effect; (h) "marumakkattayam law" means the system of law applicable to persons who, if this Act had not been passed, would have been governed by the Madras Marumakkattayam Act, 1932 (Madras Act 22 of 1933); the Travancore Nayar Act (2 of 1100K); the Travancore Ezhava Act (3 of 1100K); the Travancore Nanjinad Vellala Act ...

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Simplified Act

(1) When we talk about the terms in this law, here's what they mean: (a) "agnate" is someone who is related to another person through men only, either by blood or by being adopted; (b) "aliyasantana law" refers to a specific legal system that would have applied to certain people in parts of India before this law was created; (c) "cognate" is someone who is related to another person through blood or adoption, but not just through men; (d) "custom" and "usage" are long-standing practices that are followed like law by Hindus in certain region...

Explanation using Example

Imagine a situation where an Indian Hindu man, named Ravi, passes away without leaving a will. He is survived by a son, a daughter, and a brother. Under the Hindu Succession Act, 1956, Ravi is considered to have died "intestate," which means he did not make a legally enforceable will ...

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