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Silent features of Hindu Succession Act 1956

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

The Hindu Succession Act, 1956 is a law in India that governs the inheritance of property among Hindus. The Act was passed to reform and modernize the Hindu law of inheritance and it introduced several significant changes to the traditional Hindu law of inheritance. Here are some of the key features of the Hindu Succession Act, 1956:

  1. Abolition of Joint Hindu Family: The act abolished the concept of Joint Hindu Family and introduced the concept of coparcenary, which defines the rights and liabilities of members of a Hindu joint family in relation to the joint family property.
  2. Rights of Daughters: The Act granted daughters the same rights as sons to inherit the property of their father or grandfather as coparceners.
  3. Class I and II Heirs: The Act recognizes two classes of heirs: Class I heirs, which include the deceased person’s children, grandchildren, and great-grandchildren, and Class II heirs, which include the deceased person’s parents, grandparents, and other relatives.
  4. Right to File Suit: Any coparcener can file a suit for partition of the joint family property.
  5. Rectification of Partition: The Act provides for the rectification of partition in case of any mistake or error in the partition deed.
  6. Will: The Act also allows for the making of a Will for the disposition of property.
  7. Specific Share: The Act provided for a specific share for the daughter in the coparcenary property, which was not available before the amendment of the Act in 2005.
  8. Mitakshara and Dayabhaga: The act applies to both Mitakshara and Dayabhaga schools of Hindu law.
  9. Gender Equality: One of the most important features of the Act is that it grants equal rights to both men and women in the inheritance of property. Prior to the Act, women had limited rights to inherit property.
  10. Abolition of Joint Hindu Family System: The Act abolished the Joint Hindu Family System which was a traditional system of inheritance where property was inherited by male members only and women had no rights.
  11. Recognition of adopted child: The Act recognizes the adopted child as a legal heir and grants him/her the right to inherit the property of the adoptive parents.
  12. Simplification of the partition process: The Act simplifies the partition process by providing a legal framework for partition of joint family property.
  13. Recognition of Will: The Act also recognizes the will of a Hindu as a valid document for transferring the property.
  14. Recognition of the property of a female Hindu: The Act recognizes the property of a female Hindu as her separate property
shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

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