Jammu and Kashmir Hindu Succession Act, 1956
No: 38 Dated: Dec, 28 1956
THE JAMMU AND KASHMIR HINDU SUCCESSION ACT, 1956
(Act No. XXXVIII of 1956)
An Act to amend and codify the law relating to intestate succession among Hindus. Be it enacted by the Jammu and Kashmir State Legislatrure in the Seventh Year of the Republic of India as follows:— CHAPTER I Preliminary
1. Short title and extent. —(1) This act may be called the Jammu and Kashmir Hindu Succession Act, 1956.
(2) It extends to the whole of the State of Jammu and Kashmir.
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, Prarthana or Arya Samaj ;
(b) to any person who is a Buddhist, Jaina or Sikh by religion ; and
(c) to any other person who is not a Musilm, Christian, Parsi or Jew by religion unless it is proved that any such person would not have been governed by the Hindu Law or by any 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 parents is a Hindu, Buddhist, 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 a convert or reconvert to the Hindu, Buddhist, Jaina or Sikh religion.
(2) The expression “Hindu” in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section.
3. Definitions and interpretation. —(1) In this Act, unless the context otherwise requires,—
(a) “agnate” one person is said to be an “agnate” of another if the two are related by blood or adoption wholly through males ;
(b) “cognate” one person is said to be a cognate of another if the two are related by blood or adoption but not wholly through males ;
(c) the expressions “customs” 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 ;
and Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family ;
(d) “full blood”, “half blood” and “uterine blood”—
(i) 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 ;
(ii) 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 ;
(e) “heir” means any person, male or female, who is entitled to succeed to the property of an intestate under this Act ;
(f) “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 ;
(g) “related” means related by legitimate kinship :
Provided that illegitimate children shall be deemed to be related to their mother and to one another, and their legitimate descendants shall be deemed to be related to them and to one another ; and any word expressing relationship or denothing a relative shall be construed accordingly.
(2) In this Act, unless the context otherwise requires, words importing the masculine gender shall not be taken to include females.