Family Law - II

The Hindu Sessions Act, 1956

This act is also called the Hindu succession act, 1956. Also, this act is extended to all the regions of India except for the state of Jammu and Kashmir.

Hindu Succession Act

Hindu Succession Act

                             The Hindu Succession Act, 1956

This act lays down a comprehensive and uniform system for succession and inheritance into one act. Through this act, Hindu women’s limited estate is also abolished. Thus, any property which is possessed by Hindu women is considered as her absolute property.

Also, she is given the full power to deal with it. She can also dispose of it by any which she likes. Parts of this act was also amended in the year by the Hindu succession act of 2005.

Application of the Act

As per religion, this act is applicable to the following

  • A person who is a Hindu by religion in any of its developments or forms including a Vira Shaiva, a follower of Prarthana, Brahmo, or Arya Samaj.
  • The person who is Sikh, Buddhist by religion.
  • To any person who is not a Christian, Muslim, Jew, or Parsi by religion. This is done only when it is proved that the person would not have been governed by any custom or Hindu law.

Explanation regarding who shall be considered as Buddhists, Jains, Hindus, or Sikhs by religion.

  • Any child who is legitimate or illegitimate and both of his/her parents are Buddhists, Sikhs, or Hindus by religion.
  • Any person who is converted or reconverted to Buddhist, Hindu, or Sikh by religion.
  • The child who is legitimate or illegitimate and of his/her parents are Buddhists, Hindus, Sikh, or Jain by religion. Also, who is brought up as a member of the community, tribe, family, or group, to which the parents belong?

A person should be treated as a Hindu although he might not be a Hindu, but, nevertheless, the person to whom this act applies because of the provisions contained in the section.

In the case of Males

The property of a Hindu male without a will or dying intestate would be given to the heirs who belong to class I. If the heirs are not categorized in class 1, then the property will be given to heirs belonging to class II.

Furthermore, if there are no heirs in class II also, the property will be given to the deceased’s relatives or agnates through the male lineage. Additionally, if there are no relatives or agnates through the male’s lineage, the property that is passed to the relatives or cognates through the female lineage.

In the case of Female

Under the Hindu succession act, 1956, it is clearly stated that females are granted the ownership of the property either after or before the signing of the act. Thus, this abolishes the ‘limited owner’ status. Also, it was not until 2005 act, that the daughters were given equal property or receipt as that of the sons.

Practice Question on Hindu Succession Act

Q. What is abolished under the Hindu succession act of 1956?

A. The doctrine of the right survivorship

B. Doctrine for the acquisition of the right by birth

C. Both A and B

D. None of the above

Answer: D. None of the above

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One response to “Evolution of Institution of Marriage and Family”

  1. can communication is an important component in husband and wife, and restraining a husband is permitted at any stage of relationship and comes under ipc.crpc or mahila cort

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