The Hindu Succession Act 1956
Hindu Succession Act 1956 related to succession, if there is any law after the Hindu Marriage Act 1955 under Hindu Personal Law. The Act provides for the law relating to the line of Hindus on the death of the intestate. The incorporation of the Hindu Succession Act, 1956 has brought about radical changes in the inheritance of the property of Hindus.
Before this Act came into effect, various methods of succession among Hindus were prevalent in India. Where there was joint property, the principle of survival was applicable, and in the case where there was acquired property, succession was practical. There were also various rules regarding line to the woman, and to ensure such succession, it was necessary to prove from whom the woman obtained property or property.
The Act is enacted in a mixture of modern surroundings influenced by the ancient classical Hindu law Dya and Mitakshara. While doing this Act, no distinction has been made between Hindu women and men. Once upon a time, there were different rules of succession about Hindus governed by Mitakshara and Daibhag branches. The rules of series also changed with the relocation, but this codified Hindu Succession Act 1956 fulfills all the string related goals. The Act provides for the succession law. Provides uniformity to the line.
The present Act has far-reaching consequences. It makes all necessary provisions regarding succession to the property of the intestate deceased Hindu. This Act applies to Hindu, Jain, Buddhist, Sikh. In terms of its enforcement, there is a provision by Section 2 of the Hindu Marriage Act 1955. Just as every person residing in India except Muslims, Christians, Parsis, and Jews in the Marriage Act is considered a Hindu, similarly, this is the definition of a Hindu under the Hindu Succession Act.
The Act lays down new rules for the succession of property of a Hindu man or woman who has passed away intestate. When the successor of an intestate estate rests on two or more officers and one of these heirs wishes to transfer his share, the other heir is empowered under this Act to acquire the property. The Act has been enacted in pursuance of love and affection based on scientism. Attempts have been made to give the inheritance of the property to the person who is the closest relative to the deceased. The one who gets the most love and affection from the person who dies gets the property first. Under this Act, Hindu women and Hindu men are equally given an equal order of succession.
The extension and enforcement of the Act begin with the extension and enforcement of the Hindu Succession Act, 1956, like the Hindu Marriage Act 1955. Under the initial sections, a provision has been made to expand it first, and it is mentioned about whom the Act will apply. Before the J&K Reorganization Act 2019, this Act did not apply to the state of Jammu and Kashmir, but after J&K Reorganization, the Act applies to all India. The Act extends to Dadar and Nagar Haveli.
The initial provisions of the Hindu Succession Act 1956 detail the implementation of this Act. There are two main sections of the Act related to it. Section one and section two. The Act came into effect on 17 June 1956, the date on which the President of India approved the Act passed by Parliament.
The enactment of the Hindu Succession Act 1956 (Section-2) is an essential section of section two of this Act. This section is providing to whom this Act will apply. The Act is named the Hindu Succession Act. At the beginning of the name of this Act, the word Hindu is mentioned, but the problem is that there was an urgent need to make explicit provisions to who is a Hindu. All the requirements for this have been made under Section 2 of the Act.
The section provides that the Hindu Succession Act applies to Hindus, Buddhists, Jains, Sikhs, and followers of Veerashaiva, Lingayat, Brahma Samaj, Praya Samaj, Arya Samaj. Muslim Christians apply to all persons except Zoroastrians and Jews, but this Act will not apply if anyone proves that they are not governed by Hindu law but governed by orthodoxy and practice. Whether the progeny of a Hindu Buddhist Jain Sikh couple is religious or unrighteous and one of the parents is a Hindu Buddhist Jain or Sikh, their religion and as a tribe community group whose parents are or were members will apply.
The Act applies to a person converted to Hindu Buddhist Jain Sikhism. Just as the Hindu Marriage Act 1955 also applies to Hindus outside India, similarly, this Act will apply not only to Hindus living within the border of India but also to all Hindus who are domiciled or residing outside India. Huh. This Act is related to the religion of the person and not to his domicile. If the person of Hinduism and the persons mentioned under this Act are residing outside India also, then or the Act will apply.
The Supreme Court of India has said in one of its judgments that if a person who had his original origin as Hindu and embraces Hinduism, he will be governed by Hindu law. If a Muslim renounces his religion in which he was born, embraces Hinduism, lives according to the Hindu system, he will be considered a Hindu. To be a Hindu, it is not necessary to be a member of a particular caste; a person who adopts Hinduism is called a Hindu, even now it is not of any varna.
In the context of the enactment of this Act, it should be kept in mind that this Act applies to all the people living in the border of India except Muslim Christian Zoroastrianism and Judaism. If a person does not belong to these four religions, then this Act will apply to him. If a person proves that this religion cannot govern him because he has his stereotypes and practices related to succession and proves that person, then only this Act will not apply to that person. As the tribal community of India has many of its stereotypes and practices and controls their marriage and succession.
The episode of singer Yesudas is exciting in terms of how a Hindu will be converted to Hinduism. The case here in Kerala High Court is known as Mohandas vs. Devswom Council 1975 'KLT' 55. In this episode, the famous singer Yesudas had informed the Kerala High Court that he had adopted Hinduism and was a Hindu. He may have been born in a Christian home and was born a Christian, but now he has embraced Hinduism and is a Hindu.
In this case, the Kerala High Court said that if any person is accepted by his word that he is a Hindu, then such a person will be considered a Hindu. There is no need for any sacrament to convert to Hinduism. Any person of the earth, irrespective of his religion, if he publicly acknowledges that he is a Hindu, then he will be considered a Hindu. In this case, Yesudas admitted before the Kerala High Court that he was a Hindu. In such a situation, the provisions relating to succession will apply to the Hindu Succession Act 1956.
In the case of Rajkumar Gupta v. Baburam Gupta AIR 1989 Supreme Court 165, the Supreme Court held that a person who is a Hindu by birth is one who has not renounced Hinduism, even if such a person has given up orthodox traditions, food, and displacement. Will remain Hindu. From this episode, it can be understood that if a person leaves Hinduism, then he has to convert to another religion if his name is like Hindus, and he is born in Hinduism and has left the rites of Hinduism. So he remains a Hindu if he does not adopt any other religion.
In the present scenario, many people give up religious fetters and also deny the existence of God. In the context of this type of atheist, Hindu succession will be applicable only in 1956 if his name is like that of Hindus, and he was born in a Hindu family. The rules of series will apply to him only under Hindu succession. If a marriage has been solemnized under the Special Marriage Act and a declaration has been given that we will not accept Hindu rites, in such a situation, the Succession Act will not apply to the Hindu Act if the marriage is established under the Hindu Marriage Act 1955. Then the succession will also be according to the Hindu Succession Act 1956.
Chhaya v. Mangaribai 2000 (2) Madhya Pradesh 441 In one case, it is stated that the Hindu Succession Act 1956 will not apply to the Scheduled Tribes in matters of succession as the Scheduled Tribes have their inheritance methods of custom and practice.
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