Female Intestate Succession under the Hindu Succession Act, 1956: An Epitome of Inequality and Irrationality
DOI:
https://doi.org/10.12728/culj.7.9Abstract
Under the present legal system of India, people from different religions are governed by their own personal laws in matters of inheritance, marriage, separation, guardianship etc. In this regard, the succession in Hindus is governed by the Hindu Succession Act, 1956 (HSA). A peculiar factor of this Act is that it makes a differentiation between the intestate succession of females and males. The female intestate succession is further dependent on the source from which the property was received by the deceased female. The essay analyses the expediency and rationale behind this differentiation at two levels, one, based on the source of the property and the other, based on gender and elucidates how it is irrational and against the principles of equality on various grounds. It also discusses a recent case, which seeks to bring a progressive change in the law related to succession in Hindus.References
Mohammed Jaheer S/o Abdul Rehman v. M.V. Mohammed Hussain Walayata, (2013) 2 Mah.L.J. 294; DR. POONAM SAXENA, FAMILY LAW LECTURES 363 (3rd ed., 2011).
The Hindu Succession Act, 1956, §15.
Id.
Om Prakash, 2009 (7) S.C.A.L.E. 5: (2009) 15 S.C.C. 66.
(2009) 15 S.C.C. 66.
SR Srinivasa v. S Padmavathamma, (2010) 5 S.C.C. 274.
SAXENA, supra note 1 at 371.
SIR DINSHAW FARDUNJI MULLA, PRINCIPLES OF HINDU LAW (LexisNexis Butterworths, 21st ed., 2013).
Id. at 372.
Satyacharan v. Urmila 1970 S.C. 1714; Ayyi Ammal v. Subramanya Ansari 1966 Mad. 369; Veera Raghagvamma c. Subba Rao (G) 1976 A.P. 377.
Prabbha Sridevan, A Law that Thwarts Juctice, The Hindu, (Jun. 26, 2011). available at: http://www.thehindu.com/opinion/lead/a-law-that-thwarts-justice/article2137110.ece.
THE HINDU ADOPTION AND MAINTENANCE ACT, 1956, Statement of Objectives and Reasons.
Justice S A Kader, The Proposed Amendment of the Hindu Succession Act, 1956 - A Half-Hearted Measure, 1 L.W. (J.S.) 129 (2005).
SAXENA, supra note 1 at 371.
DR. POONAM PRADHAN SAXENA, SUCCESSION LAWS AND GENDER JUSTICE IN REDEFINING FAMILY LAW IN INDIA 290 (Archana Parashar and Amita Dhandha, ed., 2008).
SAXENA, supra note 1 at 371.
PREM CHOWDHARY, CONJUGALITY, LAW AND STATE: INHERITANCE RIGHTS AS PIVOT OF CONTROL IN NORTHERN INDIA IN DOWRY AND INHERITANCE (Srimati Basu ed., 2005).
th Law Commission of India Report, Proposal to amend Section 15 of the Hindu Succession Act, 1956 in case a female dies intestate leaving her self-acquired property with no heirs, (June, 2008)).
The Hindu Succession Act, 1956, Schedule I and II.
SAXENA, supra note 1 at 372.
Supra note 16.
SAXENA, supra note 1 at 371.
Mamta Dinesh Vakil, T.S. 86/2000-T.P. 917/2000.
Om Prakash v. Radha Charan, (2009) 15 SCC 66.
THE CONSTITUTION OF INDIA, Art. 15.
Mamta Dinesh Vakil, T.S. 86/2000-T.P. 917/2000.
Sonubai Yeshwant Jadhav, A.I.R. 1983 Bom. 156.
Ammini E. J. v. Union of India, A.I.R. 1995 Ker 252; N. Sarda Mani v. G. Alexander A.I.R. 1988 A.P. 157.
The Hindu Succession (Amendment) Act, 2005 §§ 3 & 4.
Supra note 16.
T.S. 86/2000-T.P. 917/2000
