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Scope of Section 6 of Hindu Succession Act, 1956

By Hardev Singh Sandhu

Published In

Air 1998

The Hindu Succession Act came into force on June 17. 1956 and is a consolidated statute codifying law relating to succession. In case of male Hindu dying intestate, two provisions have been made in the Act one under Section 6 of the Act and other under Section 8 of the Act. Section 6 reads as under "Section 6 : Devolution of interest in coparcenary property When a male Hindu dies after the commencement of this Act, having at the time of his death an interest in a Mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this Act." Provided that, if the deceased had left him surviving a female relative specified in Class I of the Schedule or a male relative specified in that class who claims through such female relative, the interest of the deceased in the Mitakshara coparcenary property shall devolve by testamentary or intes ....

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