Section 5 HSA: Act not to apply to certain properties

Section 5 of Hindu Succession Act: Act not to apply to certain properties

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

This Act shall not apply to—

(i) any property succession to which is regulated by the Indian Succession Act (39 of 1925), by reason of the provisions contained in section 21 of the Special Marriage Act (43 of 1954);

(ii) any estate which descends to a single heir by the terms of any covenant or agreement entered into by the Ruler of any Indian State with the Government of India or by the terms of any enactment passed before the commencement of this 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 29th June, 1949, promulgated by the Maharaja of Cochin.

Legal Commentary & Landmark Judgments: Section 5

Section 5 specifies statutory exemptions where the provisions of the Hindu Succession Act do not apply, covering Special Marriage Act successions and historic impartible estates.

Exemption for Special Marriage Act (Section 21): Does not apply to any property succession to which is regulated by the Indian Succession Act, 1925 by reason of Section 21 of the Special Marriage Act, 1954 (subject to Section 21A exception for two Hindus).
Exemption for Valiamma Thampuran Palace: Excludes the Valiamma Thampuran Kovilakam Estate and Palace Fund administered by the Board of Trustees in Kerala.
Impartible Estates Carve-Out: Excludes estates descending to a single heir under terms of any covenant, agreement, or enactment.

Key Landmark Precedents:

Bhimadas v. P. Kanta (2002) SCC OnLine AP 512: Held that Section 5 preserves the statutory demarcation between civil secular succession under the Indian Succession Act and codified personal succession under HSA.
Commissioner of Wealth Tax v. Estate of H.H. Sir H.S. Gaekwad (2001) 2 SCC 525: The Supreme Court analyzed the impartible estate exemption under Section 5(ii), holding that statutory exemptions must be construed strictly.

Courtroom Practice & Strategic Litigation Guidance:

In estate planning involving inter-faith marriages under the Special Marriage Act, verify whether Section 5 r/w Section 21 SMA applies to displace HSA. If both parties are Hindus, Section 21A SMA saves the application of HSA.

Section 5: Act not to apply to certain properties

Section 5 of Hindu Succession Act: Act not to apply to certain properties

Legal Commentary & Landmark Judgments: Section 5