Hindu succession act, 1956(30 of 1956) with state amendments

The joint and undivided family is the condition of a Hindu society. The joint family traces its origin to the ancient patriarchal system. The law of heirship had close connection with the doctrine "He who inherits the property, also offers the pinda. The law of inheritance comprises rules which govern devolution of property on the death of a person upon other persons solely on account of their relationship to the former.

Till the middle of 19th century the Hindu Law of Succession in its traditional form remained in application in the country without any reform. The Mitakshara law as well as the Dayabhaga law remained in force in various parts of India. The courts in British India and in Indian States kept on applying and interpreting their rules and provisions.

It was for the first time in 1850 in British India a rule forming part of Flindu Law of Succession was abrogated by the Central Legislature in the form of Caste Disabilities Removal Act, 1850. In the area of testamentary succession reforms were made by the following enactments: Hindu Wills Act, 1870, Hindu Transfers and Bequests Act, 1914, Hindu Disposition of Property Act, 1916. The Hindu Wills Act, 1870 was later incorporated into the Indian Succession Act, 1925.

Hindu Gains of Learning Act, 1930 modified the traditional joint family law.

Hindu Inheritance (Removal of Disabilities) Act, 1928 modified the traditional rules of Hindu law that disqualified heirs on the ground of certain bodily and mental diseases and deformity from inheriting the property. Hindu Law of Inheritance (Amendment) Act, 1929 modified the traditional law of inheritance relating to son's daughter, daughter's daughter, sister and

sister's son.

Hindu Women's Right to Property Act, 1937 sought to improve the legal position of women regarding inheritance of property being survivors of male Hindus under the laws of succession and joint family.

It was felt that the Hindu Code should be prepared. The Hindu Law Committee which was formed to prepare the Hindu Code in 1914 was revived in 1944. It presided over by Sir Benegal Narsing Rau. The original draft of the provisions relating to intestate succession contained in Rau's Committee Bill underwent substantive changes in the hands of Select Committee which considered the Rau Committee Bill in 1948. Based on the scheme adopted by the Select Committee the Hindu Succession Bill was introduced in the Parliament.

STATEMENT OF OBJECTS AND REASONS

This, the third instalment of the Hindu Code, seeks to amend and codify the law relating to intestate succession. The original draft of the provisions relating to intestate succession contained in the Rau's Committee Bill underwent substantial changes in the hands of the Select Committee which considered the Rau's Committee Bill in 1948. This Bill follows to a large extent the scheme adopted by the Select Committee but takes into account the various suggestions made from time to time for the amendment of the Select Committee's version of the Bill. In particular, special provisions have been included for regulating succession to the property of intestates governed by the Marumakkattayam, Aliyasantana or Nambudri Laws of Inheritance.

ACT 30 OF 1956

The Hindu Succession Bill having been passed by both the Houses of Parliament received the assent of the President on 17th June, 1956. It came on

the Statute Book as THE HINDU SUCCESSION ACT, 1956 (30 of 1956).

LIST OF AMENDING ACTS AND ADAPTATION ORDERS 1. The Hindu Adoptions and Maintenance Act, 1956 (78 of 1956) (w.e.f.)

21-12-1956). 2. The Adaptation of Laws (No. 3) Order, 1956.

3. The Repealing and Amending Act, 1960 (58 of 1960) (w.e.f. 26-12-1960).

4. The Repealing and Amending Act, 1974 (56 of 1974) (w.e.f. 20-12-1974).

5. The Hindu Succession (Amendment) Act, 2005 (39 of 2005) (w.e.f. 9-9-2005).