The Hindu Succession Act, 1956 is a law on the succession and inheritance of property. This law establishes a comprehensive and uniform system that includes both succession and inheritance. This law also deals with legal or unwanted inheritance (willary). Therefore, this law unites all aspects of Hindu discipleship and brings them within its scope. The purpose of this article is to examine further the applicability, basic terms and definitions and rules governing the succession of men and women. The Hindu Succession Act 1956 is an Act of the Indian Parliament enacted to amend and codify the Law on Legal or Unwanted Succession among Hindus, Buddhists, Jains and Sikhs. [1] The law establishes a uniform and comprehensive system of succession in a statute. The limited wealth of the Hindu woman is abolished by law. Any property that a Hindu woman owns must be owned by her absolute property, and she has full power to care for and dispose of it at will. Parts of this Act were amended in December 2004 by the Hindu Succession Amendment Act 2005. [2] Hindu Succession Act, 1956: General Rules of Succession Therefore, this rule only applies if the nature of the relationship is the same according to the preferential rules set out in the Act.

It cannot therefore be invoked if a particular heir is preferable to another according to one of the rules laid down by law. With the advent of the Hindu Inheritance Act of 1956, women were granted ownership of property, whether acquired before or after the law came into force, thus abolishing their status as „limited owners”. But it was only with the Hindu Succession Amendment Act 2005 that it was decided that girls would be entitled to an equal share of property as the son. Therefore, the 2005 amendment serves as a defender of women`s rights. Sir I Have to Make Dessertation on Hindu Succession Act 1956. Your material is very useful to me. Can you provide me with a copy of this detail now, we will observe who classifies as son, mother, daughter or widow and what kind of interests they have in the property. e.La law shall lay down the general rules of succession. A person is treated as a Hindu under the law, even if he cannot be a Hindu by virtue of his religion, but is still a person to whom this law applies under the provisions contained in this article. The exceptions to the inheritance rules in the case of women are as follows: This article has examined some basic terms and definitions used in the Hindu Succession Act of 1956.

There are four classes of heirs to whom property passes in the event that a Hindu dies and leaves a will, in which case he becomes intestate. This property is transferred by these classes. If no one from the previous class is present, it moves on to the next class and so on. Finally, this article also dealt with the amendment of the 2005 Act, which provided much-needed protection for women`s property rights. Under the Hindu Inheritance Act of 1956,[1] women are granted ownership of all property they acquired before or after the law was signed, thus abolishing their status as „limited owners”. However, it was not until the 2005 amendment that daughters benefited from the same preservation of property as sons. This gives women property rights without exception. Article 18 states that heirs associated with whole blood are preferable to those associated with half-blood if the nature of the relationship is the same in all other respects. (The terms „thoroughbred” and „half-blood” were explained on page 3 of the Hindu Marriage Act.) Article 8 lays down the general rules for the succession of men. Section 8 applies in cases where succession begins after the act comes into force. It is not necessary for the death of the male Hindu, whose property is to be transferred by inheritance, to take place after the entry into force of this law.

For example, if a father regulates his property in favor of his wife during his lifetime and wishes it to pass to his daughter after the death of his wife, and the daughter dies after the entry into force of this law, then the succession is opened and the property will be transferred in accordance with article 8. If the succession of property is governed by a will or will, it is called a testamentary succession. Under Hindu law, a Hindu man or woman can make a will for the property, including a share in the undivided Mitakshara-Kografenar, for the benefit of anyone. This should be valid and legally enforceable. The distribution is made according to the provisions of the will and not according to the law of succession. If the will is not valid or legally enforceable, ownership may be transferred by inheritance law. The Hindu Succession (Amendment) Act 2005[2] amended Section 4, Section 6, Section 23, Section 24 and Section 30 of the Hindu Succession Act 1956. It revised the rules on film ownership by granting the daughters of the deceased the same rights as the sons and subjecting them to the same obligations and disabilities. The amendment essentially promotes equality between Hindu men and women in society through legislation.

The law establishes the general rules of succession in accordance with §§ 8 and 15 as follows: There may be cases in which two persons, such as a husband and wife, die in the same plane crash or shipwreck. In such cases, the question may arise as to who died later, as this would be important for the purposes of the estate. However, this section shall not apply to the planned strains referred to in Article 366 of the Constitution, unless the central Government so orders by means of a notice to the Official Gazette. The general rules of inheritance under the Hindu Inheritance Act are as follows: This article was written by Ishaan Banerjee, who studies at the Vivekananda Institute of Vocational Studies, affiliated with guru Gobind Singh Indraprastha University. This article provides an overview of the Hindu Succession Act 1956 and examines who can obtain property by inheritance and in what order. . However, it has been provided that, regardless of a person`s religion, as mentioned above, the law does not apply to members of a proposed tribe within the meaning of clause (25) of Article 366 of the Indian Constitution, unless the central government orders otherwise by notification in the Official Gazette. Surajmani Stella Kujur v Durga Charan Hansdah-SC In summary, it can therefore be said that the property of the Hindu man passes in the following way: there are two classes of heirs delimited by law. 2. If a woman has inherited property from her husband or father-in-law and dies without a son or daughter, that property shall be transferred to the heirs of the Husaband.

1.General succession of men (§ 8) Example: son of the son`s daughter, father of the father`s mother. § 21 applies to disasters such as shipwrecks, earthquakes, explosions, bombings, air or rail accidents, etc. In such cases, the death may or may not have occurred at the same time; Nevertheless, the article establishes an artificial rule of presumption of such cases. . If there is more than one widow, several surviving sons or a multiple of one of the other heirs mentioned above, each is awarded a share of the testator`s property. Even if the widow of a predeceased son, the widow of a predeceased son of a predeceased son or the widow of a brother has remarried, she has no right to preservation. c. Property legally acquired by a woman becomes her absolute property. . All will inherit at the same time, and even if one of them is present, the property does not go to the Class II heirs. All Class I heirs have absolute rights to the property and a Class I heir`s share is separate, and no one can claim birthright in such inherited property. A category I heir cannot be excluded from his property, not even by remarriage or transformation, etc.

Until the Hindu Succession Amendment Act of 2005, Class I heirs consisted of twelve heirs, including eight women and four men, but after 2005 four new heirs were added, including eleven women and five men. Similarly, if Class III and IV heirs are present, the property will only be paid to them if no Class II person is present. Intestate has already been defined above as someone who dies and leaves no will or will. When such a situation arises, these assets are distributed among the legal heirs in accordance with the inheritance laws. . A.First of all, the parents indicated in class I of the plan. C.Third, if there is no heir of one of the two classes, then at the agnat of the deceased. An explanation of who should be considered Hindu, Buddhist, Jain or Sikh by religion was given in the section: the rule issued in this section (before its deletion) was rightly described as „a legal novelty”, and it is regrettable that the article was not formulated as clearly as one would have liked….