hindu succession,hindu succession act,hindu succession act 1956

 

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Hindu Succession


The Hindu law on Succession was very complicated to begin, with. Different parts of the country subscribed to the views held out by different schools of Hindu Law.  For example while the Dayabagha law prevailed in Assam and West Bengal, the Aliyasanthana law pervailed in Kerala. The rest of the country more or less subscribed to the views of the Mitakshara school. 

        With different parts of the country subscribing to the views of different schools of Hindu Law the situation was rather fluid and the administration of law of Hindu Succession was rather uncertain.  In this background, the Legislature or the law makers of the country thought it fit to codify the law relating to Succession among Hindus which culminated in the passing of Hindu Succession Act in 1956. It is important to remember that the Hindu Succession Act deals only with intestate succession which means succession to the property of an Hindu male or female who has not made a Will.  If a Hindu male or female has in fact made a Will, the provisions of the Indian Succession Act, 1925 take over.  It therefore follows that if a Hindu male or female has made a Will but has not dealt with his/her entire property in the Will, the property not so dealt will be subjected to the provisions of Hindu Succession Act with the Indian Succession Act governing the properties taken care of in the Will.

        The main intention of the Legislature or the law makers of our country in passing the Act was of two fold :-

a. to bring about uniformity in Hindu intestate succession all over the country

b. to bring about parity between males and females in regard to he right to property in intestate succession.

With the passing of the Hindu Succession Act, 1956, the law of Hindu succession is governed by the provisions of the Act and not by the dictates of different schools of Hindu law.

 


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