Section 2 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 2 decides which persons the Hindu Succession Act, 1956 governs. It brings in Hindus in all their forms, Buddhists, Jainas and Sikhs, and a residual group of persons who are not Muslim, Christian, Parsi or Jew, and it carves out members of Scheduled Tribes unless the Central Government directs otherwise.
This article follows the consolidated text consulted (a third-party print; amendments shown up to Act 34 of 2019). Later amendments should be checked separately.
Under section 2(1), the Act applies to three groups: Hindus by religion in any form or development, Buddhists, Jainas and Sikhs, and any other person who is not a Muslim, Christian, Parsi or Jew unless it is proved that such a person would not have been governed by Hindu law or by a custom or usage forming part of it. An Explanation names children and converts who count. Section 2(2) excludes members of a Scheduled Tribe unless the Central Government, by notification, otherwise directs. Section 2(3) widens the word "Hindu" wherever it appears in the Act.
Section 2(1): the three groups
Section 2(1) begins "This Act applies" and then lists three clauses.
| Clause | Who is covered, as printed |
|---|---|
| (a) | 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) | Any person who is a Buddhist, Jaina or Sikh by religion |
| (c) | Any other person who is not a Muslim, 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 in the Act if the Act had not been passed |
Clause (a) is about religion "in any of its forms or developments". The Act does not give a test beyond that wording; it names a Virashaiva, a Lingayat and followers of three societies as examples inside the group.
Clause (c) works differently. It is a residual clause. A person who is not a Muslim, Christian, Parsi or Jew comes within the Act unless it is proved that he or she would not have been governed by Hindu law (or a custom or usage as part of it) in respect of the matters the Act deals with, had the Act not been passed. The clause places the "unless it is proved" condition on the exception, so someone relying on the exception has to prove it. The Act does not print who bears the cost of proof beyond those words, and nothing further is added here.
If a succession question needs a firm answer on which clause applies to a particular person, our legal consultation service can go through the facts against the text.
The Explanation: children and converts
The Explanation says that 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.
Three features of the wording matter.
- In (a) and (b) the words "legitimate or illegitimate" apply to the child. Legitimacy is not a condition for being treated as a Hindu, Buddhist, Jaina or Sikh under this Explanation.
- In (b) there are two conditions: one parent belongs to one of the four religions, and the child is "brought up as a member of the tribe, community, group or family to which such parent belongs or belonged". The word "belonged" covers a parent who has died or is no longer a member.
- In (c) a "convert or reconvert" to one of the four religions is included. The Act's section 26, which deals with the descendants of a Hindu who converts to another religion, is a separate provision; see our article on sections 25 to 29.
An illustration
This example is invented and applies only the printed wording. Meera Rastogi, a Hindu by religion, has a son, Dev, whose father is also a Hindu by religion. Under Explanation clause (a), Dev is a Hindu by religion, whether he is legitimate or illegitimate. In a second family, Karan Bedi is a Sikh by religion and his partner is not a Hindu, Buddhist, Jaina or Sikh. Their daughter is brought up as a member of the community to which Karan belongs. Under Explanation clause (b), she is a Sikh by religion.
Section 2(2): Scheduled Tribes
Section 2(2) begins "Notwithstanding anything contained in sub-section (1)". It says nothing in the Act applies "to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs."
Three things follow from the words themselves:
- The exclusion overrides sub-section (1). A member of a Scheduled Tribe may fit one of the three groups above and still be outside the Act.
- The exclusion is lifted only by a notification of the Central Government in the Official Gazette.
- The Constitution is named by article and clause. Check the current law for the corresponding provision. This article does not examine whether any notification has been made; the sources used for this article do not contain one, and that has to be checked separately.
Section 2(3): the extended meaning of "Hindu"
Section 2(3) reads: the expression "Hindu" in any portion of the 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."
In practice, wherever the Act says "Hindu", "male Hindu" or "female Hindu", the words include a Buddhist, Jaina or Sikh, and a person within clause (c) of sub-section (1). This is why the heirs listed in section 8 and the Schedule can be applied to such a person without any further provision.
Putting section 2 to work
A practical order for a family or a bank officer reading the section is:
- Is the deceased within clause (a), (b) or (c) of section 2(1), applying the Explanation where it is relevant?
- Is the deceased a member of a Scheduled Tribe? If so, section 2(2) says the Act does not apply unless the Central Government has directed otherwise by notification.
- If the Act applies, read "Hindu" in the rest of the Act as including everyone within section 2.
- Then check section 5 for properties that the Act leaves out; our article on sections 1, 4 and 5 sets that out.
For the next step, the heirs and their order, our topic guide on intestate succession under the Hindu Succession Act is a good starting point.
Need help with applying section 2?
When a family is unsure whether the Act reaches a particular person, it is worth getting the facts and the text in front of an adviser early. Our team offers legal consultation for exactly that stage, before papers are drawn up or assets are divided.
Key takeaways
- Section 2(1) covers Hindus by religion in any form, Buddhists, Jainas and Sikhs, and a residual group of persons who are not Muslim, Christian, Parsi or Jew, unless it is proved that Hindu law would not have governed them.
- The Explanation includes children (legitimate or illegitimate) of such parents, and converts and reconverts.
- Section 2(2) excludes members of a Scheduled Tribe unless the Central Government, by notification in the Official Gazette, otherwise directs.
- Section 2(3) reads "Hindu" in the Act as including every person to whom the Act applies by virtue of section 2.
- The Constitution is referred to by article and clause; check the current law for the corresponding provision.
Read next
- Sections 1, 4 and 5 of the Hindu Succession Act, 1956: extent, overriding effect and excluded property
- Section 3 of the Hindu Succession Act, 1956: agnate, cognate, heir and intestate
- Section 8 of the Hindu Succession Act, 1956: general rules of succession in the case of males
- Intestate succession under the Hindu Succession Act: Class I and Class II heirs
Disclaimer: Based on a third-party consolidated print of the Hindu Succession Act, 1956 showing amendments up to Act 34 of 2019 and on the text of the Hindu Succession (Amendment) Act, 2005, as consulted on 2 October 2026. It explains the words of the statute only; State amendments, later amendments and the way courts apply these sections should be checked. This article is general information, not legal advice; check the official text before acting.