Hindu Succession Act 1956: Major Abolitions
The introduction of this act has reformed many evils of society, such as:
- Elimination of Sapinda relationships, which allowed for the inheritance of property based on emotional bonds. Instead, the law now delineates specific categories of heirs, such as Class I heirs, Class II heirs, agnates, and cognates, who are eligible to inherit assets.
- Granting coparceners the ability to draft wills regarding their share of the property is a privilege that is now acknowledged under Section 30 of the Hindu Succession Act 1956.
- The conventional principle of survivorship has been substituted with standardized succession rules, varying between genders.
- Furthermore, the Act has extended recognition to daughters as coparceners, affording them equivalent entitlements to sons.
- In the past, certain individuals were barred from inheriting property due to factors such as mental incapacity, moral character, or physical disabilities. However, recent amendments have nullified these disqualifications, leaving only two prohibitions under the Act: being convicted of murder or having changed one’s religious affiliation.
Hindu Succession Act 1956: History, Cases and Future
The Parliament of India enacted the Hindu Succession Act of 1956. It was published on 17 June 1956. This act came into existence seven years after India became independent. It applies to persons all over India and also over Jammu and Kashmir after the repeal of Article 370 in October 2019.
The ideology behind this act is to carry forward and create an undisputed inheritance succession among Indian families. It defines laws for succession for the immediate heirs (Class I and Class II), agnates, cognates, and other possible cases. To make it inclusive for female heirs, it was amended in 2005.
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