Where property, either by custom or the terms of its grant, devolves upon a single member of a family to the exclusion of the others, it is known as an impartible estate. An impartible estate is one which, without being one’s own separate or self-acquired property, is indivisible, and by some special law or custom, it descends to only one member of the family, usually the eldest, to the exclusion of the other members (rule of primogeniture). Instances where property is prima facie impartible are ancient Zamindaries, Jaghirs and Saranjams.
In the olden days, an estate could acquire the character of impartibility by (1) any law for the time being in force, as in the case of the Oudh Estates Act or the Madras Impartible Estates Act; or (2) the terms of the grant from the Government; or (3) its nature, as in the case of a Raj, and of Jaghirs and Saranjams; or (4) by custom. Effect of the Hindu Succession Act, 1956
The effect of the Hindu Succession Act, 1956, is to abolish the impartible estates, except those which are expressly saved by Section 5 (ii) of the Act, i.e., 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 the said Act.
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ADVERTISEMENTS:
The result is that the impartible estates recognised or governed by custom are abolished. The succession to such impartible estates, i.e., customary impartible estate, will no longer be governed by the rule of primogeniture, but according to the rules of intestate or testamentary succession laid down in the Hindu Succession Act, 1956.