Hindu Succession Act, 1956 · Chapter II: Intestate Succession · General provisions relating to succession
Section 19: Mode of succession of two or more heirs
If two or more heirs succeed together to the property of an intestate, they shall take the property,―
(a) save as otherwise expressly provided in this Act, per capita and not per stirpes; and
(b) as tenants-in-common and not as joint tenants.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 16 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 19
- Birbal Saini v. Satyawati
- Meena Kataria v. Rekha & Ors
- Tarun K Vohra v. Pravir K Vohra and Ors
- The Director, Prasar Bharati v. Commissioner of Income Tax, Thiruvanthapuram
- Uttam v. Saubhag Singh & Ors.
- Mohd. Hussain (Dead) by Lrs. and Ors. v. Gopibai and Ors.
- Mst. Surayya Begum, Etc v. Mohd. Usman and Ors., Etc.
- Commissioner of Wealth Tax, Kanpur Etc. Etc. v. Chander Sen Etc.