Sections 7 and 17 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 7 says what happens to a person's interest in the property of a tarwad, tavazhi, illom, kutumba or kavaru when that person dies: the interest passes under the Hindu Succession Act, 1956 and not under the older marumakkattayam, nambudri or aliyasantana law. Section 17 then modifies sections 8, 10 and 15 for persons who would have been governed by marumakkattayam or aliyasantana law.
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 7, when a Hindu to whom marumakkattayam or nambudri law (or aliyasantana law) would have applied if the Act had not been passed dies after the commencement of the Act with an interest in the property of a tarwad, tavazhi, illom, kutumba or kavaru, that interest devolves by testamentary or intestate succession under this Act and not according to the older law. The interest is the share that would have fallen to the person on a per capita partition among all members then living. Section 7(3) deals separately with sthanam property. Section 17 modifies sections 8, 10 and 15 for the same classes of persons.
Terms used and where they are defined
The terms "marumakkattayam law", "aliyasantana law" and "nambudri law" are defined in section 3(1). Our article on section 3 sets them out as printed. This article does not describe the older systems; it explains only what sections 7 and 17 say. For advice on a particular family, our legal consultation team can help you read the text against the facts.
The words "tarwad", "tavazhi", "illom", "kutumba", "kavaru" and "sthanam" are used in the Act without definitions in these sections.
Where this article says "the commencement of this Act", the copy prints the date 17 June 1956 under the title and no separate commencement clause; no other date is given here.
Section 7(1): marumakkattayam or nambudri law
Section 7(1) applies "When a Hindu to whom the marumakkattayam or nambudri law would have applied if this Act had not been passed dies after the commencement of this Act, having at the time of his or her death an interest in the property of a tarwad, tavazhi or illom, as the case may be".
The result: "his or her interest in the property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not according to the marumakkattayam or nambudri law."
The Explanation says what the "interest" is. It is "the share in the property of the tarwad, tavazhi or illom, as the case may be, that would have fallen to him or her if a partition of that property per capita had been made immediately before his or her death among all the members of the tarwad, tavazhi or illom, as the case may be, then living, whether he or she was entitled to claim such partition or not under the marumakkattayam or nambudri law applicable to him or her, and such share shall be deemed to have been allotted to him or her absolutely."
(A printing point: the copy reads "tavazhior illom" run together.)
Section 7(2): aliyasantana law
Section 7(2) follows the same pattern for a Hindu to whom the aliyasantana law would have applied, who dies after the commencement of the Act "having at the time of his or her death an undivided interest in the property of a kutumba or kavaru". The interest devolves by testamentary or intestate succession under the Act "and not according to the aliyasantana law". Its Explanation again fixes the interest as the share that would have fallen to the person on a per capita partition immediately before death among all members of the kutumba or kavaru then living, whether or not the person could claim such partition under the aliyasantana law; the share is deemed allotted "absolutely".
Notice one difference of wording: sub-section (2) speaks of "an undivided interest"; sub-section (1) speaks of "an interest".
Illustration of the per capita rule
This example is invented for this article; the Act prints no share as a fraction. Suppose Lakshmi Nair, to whom marumakkattayam law would have applied had the Act not been passed, dies after the commencement of the Act holding an interest in the property of a tavazhi. At her death eight members of the tavazhi are living, counting her. A per capita partition immediately before her death among those eight would give her, for the arithmetic of this illustration, one equal part out of eight. That part is the "interest" of section 7(1), and it goes by will if she made a valid one, or otherwise by intestate succession under the Act.
Section 7(3): sthanam property
Section 7(3) begins "Notwithstanding anything contained in sub-section (1)". When a sthanamdar dies after the commencement of the Act, "the sthanam property held by him shall devolve upon the members of the family to which the sthanamdar belonged and the heirs of the sthanamdar as if the sthanam property had been divided per capita immediately before the death of the sthanamdar among himself and all the members of his family then living". The shares falling to the members of his family and to his heirs "shall be held by them as their separate property". (The copy prints a doubled comma after "then living".)
The Explanation says the family of a sthanamdar "shall include every branch of that family, whether divided or undivided, the male members of which would have been entitled by any custom or usage to succeed to the position of sthanamdar if this Act had not been passed."
Section 17: modified rules for the same persons
Section 17 is headed in the copy "Special provisions respecting persons governed by marumakkattayam and atiyasantana laws" (the body of the section says "aliyasantana"; this is a printing slip in the heading). It says the provisions of sections 8, 10, 15 and 23 "shall have effect in relation to persons who would have been governed by the marumakkattayam law or aliyasantana law if this Act had not been passed" as if the following changes had been made:
| Item | Change printed |
|---|---|
| (i) | For sub-clauses (c) and (d) of section 8, a new clause: "(c) thirdly, if there is no heir of any of the two classes, then upon his relatives, whether agnates or cognates." |
| (ii) | For clauses (a) to (e) of section 15(1), five new clauses: (a) sons and daughters (including the children of any pre-deceased son or daughter) and the mother; (b) the father and the husband; (c) the heirs of the mother; (d) the heirs of the father; and (e) lastly, the heirs of the husband |
| (iii) | Clause (a) of section 15(2) omitted |
| (iv) | Section 23 omitted |
A slip to note. Section 17 still refers to section 23 in its opening and in item (iv), although section 23 is itself now omitted by the Hindu Succession (Amendment) Act, 2005 (see the note on sections 23 and 24 in our article on sections 25 to 29). The reference is quoted as printed.
Section 17 changes only the places it lists. So for a person to whom it applies, section 8's steps (a) and (b), the Class I and Class II heirs, stay as they are; only the third step is replaced. For the unmodified text, see our article on section 8.
Need help with a family arrangement under older law?
These two sections are rarely straightforward in practice because they link older systems with the Act. If you hold an interest in such property and want the printed text applied to your family, you can reach our legal consultation service with the family tree and the list of property.
Key takeaways
- Section 7 sends the interest of a person in tarwad, tavazhi, illom, kutumba or kavaru property to succession under the Act, not under the older law.
- The interest is the share on a deemed per capita partition immediately before death among members then living, whether or not the person could claim partition.
- Section 7(3) provides separately for sthanam property; the shares are held as separate property.
- Section 17 replaces the third and fourth steps of section 8 and the five entries of section 15(1), omits section 15(2)(a), and refers to section 23, which is omitted.
- The heading of section 17 prints "atiyasantana" while the body says "aliyasantana".
Read next
- Section 8 of the Hindu Succession Act, 1956: general rules of succession in the case of males
- Sections 15-16 of the Hindu Succession Act, 1956: succession to property of a female Hindu
- Section 3 of the Hindu Succession Act, 1956: definitions
- Section 30 of the Hindu Succession Act, 1956: testamentary succession
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.