Source: NIE
Context: The Supreme Court has said it will move cautiously while examining petitions challenging provisions of the Hindu Succession Act, 1956, stressing the need to balance women’s rights with preserving the Hindu social structure.
About The Hindu Succession Act, 1956:
What it is?
- An Act to codify and amend Hindu law relating to intestate succession (succession without a will).
- Came into force on 17 June 1956, extending across India except Jammu & Kashmir (at the time).
Aim:
- To bring uniformity and clarity in property succession among Hindus.
- To remove gender-based discrimination and gradually ensure women’s rights in inheritance.
Coverage:
- Applies to Hindus, Buddhists, Jains, and Sikhs.
- Excludes Muslims, Christians, Parsis, and Jews unless proven they were governed by Hindu law earlier.
- Does not apply to Scheduled Tribes unless notified by the Central Government.
Key Provisions:
- Coparcenary Rights (Section 6, amended 2005) – Daughters made coparceners by birth with equal rights and liabilities as sons.
- Succession of Males (Sections 8–10) – Property devolves first to Class I heirs (son, daughter, widow, mother, etc.), then Class II, then agnates, then cognates.
- Women’s Property (Section 14) – Any property owned by a female Hindu, before or after 1956, is her absolute property (not limited ownership as under earlier law)
- Succession of Females (Sections 15–16) – If a Hindu woman dies intestate, property devolves first to her children and husband, then husband’s heirs, then her parents, then father’s heirs, and lastly mother’s heirs.
- General Principles (Sections 18–22) – Full blood preferred over half blood, unborn child’s inheritance recognized, disqualification of murderer/converts’ descendants from inheriting, preferential rights for co-heirs.
- Escheat (Section 29) – If no heir is found, property devolves to the Government with obligations attached.
