Hindu Succession Act, 1956 and Customary Law

Forums Family Law Hindu Succession Act, 1956 and Customary Law

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  • #3699
    leaglesamiksha
    Keymaster

    Succession in Hindu families was governed by the customary law until Hindu Succession Act came in place.

    Ques: What are the significant changes that took place after the passing of the Hindu Succession Act, 1956?

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    • #3702
      Intern
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      In traditional Hindu Law, the order of succession is based on spiritual benefit, but the Act has changed the order of succession based on affinity. In the old Hindu Law, women were entitled to a limited estate ( property inheritance), the Hindu Succession Act, 1956 abolished the limited estate, and now they are entitled to the absolute estate. In the past, the coparcenary could not make a will regarding his interest in Joint family property, whereas after passing the Act, he can execute a will in respect of his interest in the property. In old Hindu Law, Mithakshara and Dayabhaga schools recognized separate rules of succession; there were no uniform rules. But the Act has now adopted a uniform set of rules for all Hindus. The rule of spiritual benefit used to be the previous rule, whereas now it’s the rule of equality. Finally, in old Hindu Law, unchastity was a ground for excluding from inheritance on the part of women, but now it is not a ground.

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