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    Hindu Sccession Act 1956, 319th Amendment 2015

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    teacherignou
    This bill aims to amend the Hindu Succession Act of 1956 to provide equal inheritance rights to both parents of a female Hindu dying without a will. Currently, only the mother inherits property. The proposed changes would allow both father and mother to inherit equally after sons, daughters and spouse. It also aims to restrict inheritance by widows who remarry, and clarify inheritance from parents and in-laws. If passed, it would promote equal treatment of both parents and prevent those abandoning families from benefitting from inheritance.

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    Hindu Sccession Act 1956, 319th Amendment 2015

    Uploaded by

    teacherignou
    60 views7 pages
    This bill aims to amend the Hindu Succession Act of 1956 to provide equal inheritance rights to both parents of a female Hindu dying without a will. Currently, only the mother inherits property. The proposed changes would allow both father and mother to inherit equally after sons, daughters and spouse. It also aims to restrict inheritance by widows who remarry, and clarify inheritance from parents and in-laws. If passed, it would promote equal treatment of both parents and prevent those abandoning families from benefitting from inheritance.

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    Hindu Succession Act 1956, 319th Amendment 2015

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    This bill aims to amend the Hindu Succession Act of 1956 to provide equal inheritance rights to both parents of a female Hindu dying without a will. Currently, only the mother inherits property. The proposed changes would allow both father and mother to inherit equally after sons, daughters and spouse. It also aims to restrict inheritance by widows who remarry, and clarify inheritance from parents and in-laws. If passed, it would promote equal treatment of both parents and prevent those abandoning families from benefitting from inheritance.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    60 views7 pages

    Hindu Sccession Act 1956, 319th Amendment 2015

    Uploaded by

    teacherignou
    This bill aims to amend the Hindu Succession Act of 1956 to provide equal inheritance rights to both parents of a female Hindu dying without a will. Currently, only the mother inherits property. The proposed changes would allow both father and mother to inherit equally after sons, daughters and spouse. It also aims to restrict inheritance by widows who remarry, and clarify inheritance from parents and in-laws. If passed, it would promote equal treatment of both parents and prevent those abandoning families from benefitting from inheritance.

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    © All Rights Reserved
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    of 7

    AS INTRODUCED IN LOK SABHA

    Bill No. 319 of 2015

    THE HINDU SUCCESSION (AMENDMENT) BILL, 2015


    By
    SHRI DUSHYANT CHAUTALA, M.P.
    A

    BILL
    further to amend the Hindu Succession Act, 1956.
    BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as
    follows:—
    1. (1) This Act may be called the Hindu Succession (Amendment) Act, 2015. Short title and
    commencement.
    (2) It shall come into force on such date as the Central Government may, by notification
    5 in the Official Gazette, appoint.
    2

    Substitution 2. For section 15 of the Hindu Succession Act, 1956 (hereinafter referred to as the
    of new principal Act), the following section shall be substituted, namely:—
    section for
    section 15.
    General rules "15. (1) The property of a female Hindu dying intestate shall devolve according
    of succession to the rules set out in section 16,—
    in the case of
    female (a) firstly, upon the sons and daughters (including the children of any 5
    Hindus.
    pre-deceased son or daughter);
    (b) secondly, upon the mother, father and husband;
    (c) thirdly, upon the heirs of the husband and the heirs of the father; and
    (d) lastly, upon the heirs of the mother.
    (2) Notwithstanding anything contained in sub-section (1),— 10

    (a) any property inherited by a female Hindu from her father or mother
    shall devolve, in the absence of any son or daughter of the deceased (including
    the children of any pre-deceased son or daughter) not upon the other heirs
    referred to in sub-section (1) in the order specified therein, but upon the heirs of
    the father, if inherited from her father and upon the heirs of the mother, if inherited 15
    from her mother;
    (b) any property inherited by a female Hindu from her husband or from her
    father-in-law shall devolve, in the absence of son or daughter begotten from the
    husband from whom or from whose father she inherited the property (including
    the children of any pre-deceased son or daugher) not upon the other heirs 20
    referred to in sub-section (1) in the order specified therein, but upon the heirs of
    the husband; and
    (c) any property self-acquired by a female Hindu during the time of desertion
    shall devolve, in the absence of any son or daughter of the deceased (including
    the children of any pre-deceased son or daughter) not upon the other heirs 25
    referred to in sub-section (1) in the order specified therein, but upon the heirs of
    the father and the mother.".
    Insertion of 3. After section 22 of the principal Act, the following section shall be inserted, namely:—
    section 24.

    Certain "23. Any heir who is related to an intestate as the widow of a pre-deceased son,
    widows the widow of a pre-deceased son of a pre-deceased son or the widow of a brother shall 30
    remarrying
    may not not be entitled to succeed to the property of the intestate as such widow, if on the date
    inherit as the succession opens, she has remarried.".
    widows.

    Amendment 4. (1) In the Schedule to the principal Act—


    of the
    Schedule. (i) under the sub-heading "Class I", for the words "mother; son of a pre-deceased
    son; daughter of a pre-deceased son;", the words "mother; father; son of a 35
    pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased son of a
    pre-deceased daughter; son of a pre-deceased daughter of a pre-deceased son;" shall
    be substituted.
    (ii) for the sub-heading "Class II and entries I to IX thereunder", the following
    sub-heading and entries thereunder shall be substituted, namely:— 40

    "Class II
    I. (1) Brother, (2) sister.
    II. (1) Brother's son, (2) sister's son, (3) brother's daughter, (4) sister's daughter.
    III. Father's father; father's mother.
    3

    IV. Father's widow; brother's widow.


    V. Father's brother; father’s sister.
    VI. Mother's father; mother's mother.
    VII. Mother’s brother; mother’s sister.".
    STATEMENT OF OBJECTS AND REASONS
    The Hindu Succession Act, 1956 provides for certain criteria for the succession of the
    property of a female Hindu dying intestate. However, the same has not been implemented in
    its true spurt. The need is that property should not lose the real source from where the
    deceased female had inherited it.
    The rules of inheritance prescribed under the Act are based on the principles of
    closeness in relationship and love and affection. As parents are as much near as husband, so
    both should be given equal importance during the succession of property of female Hindus
    dying intestate.
    As female Hindu inherits property from parent as well as husband, therefore, after her
    death her property should be succeeded by both of them. There is no difference between
    mother and father as far as love and importance in life is concerned. So both should be
    treated equally during the succession and distribution of property of the female Hindu.
    Moreover, one should not take the benefit of its own wrong. So property can not be
    given to the delinquent husband who deserted his wife in her lifetime.
    The Bill therefore, seeks to amend the Hindu Succession Act, 1956 with a view to
    provide equal rights to the parents of a female Hindu dying intestate at par with the husband
    in succession to her property. The Bill also seeks to re-insert the provision pertaining to
    restriction on the inheritance of the certain widows, who, on the date of opening of succession
    has got remarried.

    NEW DELHI; DUSHYANT CHAUTALA


    November 18, 2015.

    4
    ANNEXURE
    EXTRACT FROM THE HINDU SUCCESSION ACT, 1956 (ACT NO. 30 OF 1956)
    * * * * * * *
    15. (1) The property of a female Hindu dying intestate shall develove according to the General rules
    rules set out in section 16,— of succession
    in the case of
    (a) firstly, upon the sons and daughters (including the children of any pre- female
    Hindus.
    deceased son or daughter) and the husband;
    (b) secondly, upon the heirs of the husband;
    (c) thirdly, upon the mother and father;
    (d) fourthly, upon the heirs of the father; and
    (e) lastly, upon the heirs of the mother.
    (2) Notwithstanding anything contained in sub-section (1),—
    (a) any property inherited by a female Hindu from her father or mother shall
    devolve, in the absence of any son or daughter of the deceased (including the children
    of any pre-deceased son or daughter) not upon the other heirs referred to in
    sub-section (1) in the order specified therein, but upon the heirs of the fathers; and
    (b) any property inherited by a female Hindu from her husband or from her
    father-in-law shall devlove, in the absence of any son or daughter of the deceased
    (including the children of any predeceased son or daughter) not upon the other heirs
    referred to in sub-section (1) in the order specified therein, but upon the heirs of the
    husband.
    * * * * * * *
    THE SCHEDULE
    [Section 8]
    HEIRS IN CLASS I AND CLASS II

    CLASS I
    Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased
    son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a
    pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a
    pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased
    son.
    CLASS II
    I. Father.
    II. (1) Son's daughter’s son, (2) son's daughter's daughter, (3) brother, (4) sister.
    III. (1) Daughter's son's son, (2) daughter's son’s daughter, (3) daughter's daughter’s
    son, (4) daughter's daughter's daughter.
    IV. (1) Brother's son, (2) sister's son, (3) brother's daughter, (4) sister's daughter.
    V. Father's father, father's mother.

    5
    6

    VI. Father's widow; brother's widow.


    VII. Father's brother; father's sister.
    VIII. Mother's father; mother's mother.
    IX. Mother's brother; mother’s sister.
    Explanation:— In this Schedule, references to a brother or sister do not include
    references to a brother or sister by uterine blood.
    * * * * * * *
    LOK SABHA

    ————

    BILL
    further to amend the Hindu Succession Act, 1956.

    ————

    (Shri Dushyant Chautala, M.P.)

    GMGIPMRND—2935LS(S3)—08-12-2015.

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