The rules of succession and the nature of estate taken by heirs under the
Hindu Succession Act , are almost new. A uniform Law of succession to all those
who were governed till then by different rules, according to the school to which
person belonged ,has been evolved.
In regard to the property to which such rules are applicable, even an undivided
interest of a coparcener under the Mitakshara Law has been made heritable
property in certain circumstances.
No distinction has been made between a male and female heir of equal degree in
the matter of inheritance, and limited estate of women who has inherited and
those in possession as an heir has been enlarged in to an absolute one . There
are also other changes particularly in the enumeration of heirs.. All these , it
will be seen, are pertinent to law of succession. But that law is only a part of
the Hindu Law.
Other branches of the Law like adoption had not been codified by the time the
Act cane in to forces. Shastric or textual and customery Hindu Law continued to
apply in respect of those matters.
Therefore while the Act can be regarded as a codea d interpreted with reference
to matters dealt with by it on the principles referred to above, a different
rule of interpretation will have to be adopted where the provision of the
statute indifferently affects an un abrogated part of the pre existing Hindu
That this will be so , will be apparent from very terms of Sec 4 which
statutorily makes the provisions of the Act comprehensive.