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Section 4: Overriding effect of Act

Hindu Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1956
Section 3 All 31 Sections The Schedule (Heirs) Section 5

Legal Commentary & Landmark Judgments: Section 4

Section 4 establishes the absolute overriding and preemptive effect of the Hindu Succession Act, 1956, abrogating all inconsistent pre-existing texts, shastric doctrines, customs, and prior statutes.

  • Abrogation of Inconsistent Texts & Usages: Any text, rule, or interpretation of Hindu law or any custom or usage in force immediately before the commencement of the Act ceases to have effect regarding any matter provided for in the Act.
  • Supremacy Over Inconsistent Enactments: Overrides any other law in force immediately before the commencement of this Act insofar as it is inconsistent with any provision of the Act.
  • Exhaustive Statutory Code: Constitutes the Hindu Succession Act as an exhaustive codification of intestate succession among Hindus, sweeping away archaic shastric female disinheritances.
Key Landmark Precedents:
  • Pratap Singh v. Union of India (1985) 4 SCC 197: The Supreme Court held that Section 4 sweeps away all pre-existing personal laws and customs contrary to the Act; any custom disinheriting a female heir is invalid under Section 4.
  • Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1: Reaffirmed that Section 4 enforces the supremacy of statutory codification over all conflicting ancient Mitakshara doctrines.
Courtroom Practice & Strategic Litigation Guidance:

Whenever an opposing coparcener sets up an ancient family custom (e.g., that married daughters forfeit ancestral shares or that only male agnates inherit), cite Section 4. Section 4 invalidates all customary exclusions not expressly saved by the Act.

Section 3 All 31 Sections The Schedule (Heirs) Section 5