Sections 4 and 5 of Hindu Succession Act 1956: Overriding Effect and Properties Excluded from the Act

Sections 4 and 5 explain two important limits of the Hindu Succession Act, 1956. Section 4 gives the Act overriding effect over earlier Hindu law, custom, usage and inconsistent pre-existing law on matters covered by the Act. Section 5 identifies specified property successions and estates to which the Act does not apply.

Current legal position: Section 4(2) was omitted by the Hindu Succession (Amendment) Act, 2005. The operative text of Section 4 now consists of sub-section (1), clauses (a) and (b). Section 5 continues to contain three statutory exclusions.

Section 4 - Overriding effect of Act

Section 4 establishes the priority of the Hindu Succession Act in matters for which the Act makes provision. In practical terms, an earlier rule of Hindu law, custom or usage cannot continue to govern a matter if the Act has provided a rule for that matter. Likewise, a pre-existing law ceases to apply to Hindus to the extent that it is inconsistent with the Act.

Section 4(1)

Save as otherwise expressly provided in this Act:

(a) any text, rule or interpretation of Hindu law, or any custom or usage forming part of that law and in force immediately before the commencement of the Act, ceases to have effect for a matter for which the Act makes provision;

(b) any other law in force immediately before commencement ceases to apply to Hindus to the extent that it is inconsistent with the provisions of the Act.

Meaning of "overriding effect"

The expression means that, within the field covered by the Hindu Succession Act, the statutory rules prevail over inconsistent earlier rules. The section does not say that every custom or every other law is abolished for all purposes; the displacement operates with respect to matters for which the Act makes provision, or to the extent of inconsistency, as stated in clauses (a) and (b).

2005 amendment: Former Section 4(2) was omitted by Section 2 of the Hindu Succession (Amendment) Act, 2005. The omission took effect on 9 September 2005. Older reproductions of the Act may still display the former sub-section and should not be treated as the current text.

Section 5 - Act not to apply to certain properties

Section 5 is an exclusion provision. It specifies categories of property succession or estates that remain outside the operation of the Hindu Succession Act.

Properties and estates excluded under Section 5

(i) Property succession regulated by the Indian Succession Act, 1925 by reason of Section 21 of the Special Marriage Act, 1954.

(ii) An estate descending to a single heir under the terms of a covenant or agreement entered into by the Ruler of an Indian State with the Government of India, or under an enactment passed before commencement of the Hindu Succession 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 29 June 1949, promulgated by the Maharaja of Cochin.

How Sections 4 and 5 work together

Section 4 states the general rule of statutory supremacy for succession matters governed by the Act. Section 5 then marks out specific property situations that the Act itself excludes. Accordingly, the first question is whether the succession or estate falls within the Act; if it does, Section 4 determines the effect of inconsistent earlier Hindu law, custom, usage or pre-existing law.

Official statutory sources

For the authoritative statutory text and amendment history, consult the official India Code materials: Hindu Succession Act, 1956 - India Code and Hindu Succession (Amendment) Act, 2005 - Gazette/India Code.

This page is a general legal information resource. Application of succession law can depend on the nature of the property, personal law, family facts, instruments and other applicable legislation.