Hindu succession Act.1956
- Allahabad Vijay Law 1981
- 130 p.
The Hindu Succession Act of 1956 has made radical and far-reaching changes in the different systems of succession prevailing in India prior to it. The Mitakshara had maintained different modes of succession between property which was joint and property which was seperate; the former being by survivorship while the latter was by inheritance. The Daybhaga system of law recognised only the mode of succession by inheritance.
The Hindu Succession Act has now provided a uniform system of
inheritance for all Hindus. It classifies the lists of heirs and establishes complete equality between male and female heirs. Another area in which the Act has made important changes is with regard to the rights of a Hindu woman, enlarging her limited interest in property to an absolute interest. Mr. K. Ramakrishna Reddy, Junior Professor in the Law College Madras and a former pupil of mine has made a critical analysis of the Hindu
Succession Act. He has clearly pointed out the changes effected by the Act to the pre-existing law. He has also referred elaborately to the decisions of the Supreme Court and the Indian High Courts wherever necessary. particularly in regard to Section 6 of the Act regarding the general rule for devolution of coparcenary property and to Section 14 dealing with the rights to property of a Hindu woman. The divergent views of the different High Courts interpreting these sections have also been clearly set out.