Indian Legal System > Civil Laws > Family Laws > The Hindu Succession Act, 1956 > Introduction
In this article, we shall introduce the Hindu Succession Act and the changes brought about by it in the Hindu society.
To codify Hindu laws, the Government appointed a small Hindu Law Committee known as the Rau Committee with B. N. Rau, a judge of the Calcutta High Court as its Chairman and three other lawyers as its members. They were D. N. Mitter, ex-judge of Calcutta High Court; Gharpure, Principal, Law College of Poona; and Rajratna Vasudev Vinayak Joshi, a lawyer of Baroda. This committee toured the country from end to end and gathered evidence from representative bodies and leaders of the communities. The committee had the able assistance of leading lawyers and jurists. The Committee advocated a Hindu code- a blend of the finest elements of various schools of Hindu law. On the basis of the various private Bills on the property, the Committee evolved a common law of Intestate succession for all Hindus in British India. The Code recognized the equality of status of men and women before the law with appropriate obligations as well as rights.
The Rau Committee reported in June 1941 that the Hindu Code Bill should be taken up by compartments:
- Hindu Marriage,’
- Hindu Succession,
- Hindu Minority and Guardianship,
- Hindu Adoption and Maintenance.
It was essential to reduce the law relating to each part to a statutory form, and then consolidate the various acts into a single code. There was great opposition to the Succession Act. The opponents of the bill argued that the women members were not representing the general women’s opinion and that the reformers were influenced by Western education and law, instead of Hinduism and were unpatriotic. Many women members of parliament, as well as the congress like Renuka Ray, Durgabai Deshmukh, and Sucheta Kriplani argued that political equality was meaningless without economic and social equality provided by female inheritance rights. The original draft of the provisions relating to intestate succession contained in the Rau committee’s bill underwent substantial changes in the hands of the select committee. In the bill stage itself, various suggestions were made from time to time for amendment of the select committee’s version. Ultimately the Hindu Succession Act came into force on 17th June 1956. It was very much in tune with the changed socio-economic scenario of Hindu society. Under this Act, the long-felt need for improving the lots of Hindu females through effective legislation was fulfilled and their right of inheritance on par with males was fully recognized. It brought about comprehensive and radical changes in the law of intestate succession amongst Hindus.
Objects of the Act:
The objects for the enactment of the Hindu Succession Act are the following:
- To amend and codify the law relating to intestate succession among Hindus.
- To regulate succession to the property of intestates governed by the marumakkattayam and nambudiri laws of inheritance.
- To meet the needs of a progressive society.
- To remove inequalities between men and women with respect to rights in the property
Fundamental Changes Brought About By the Act:
Following are some changes effected under the Hindu Succession Act, 1956
- There were two schools in old Hindu Law namely i) Mitakshara and Dayabhaga governing the Hindu succession. However, the Hindu Succession Act, 1956 brings all the schools into a uniform system.
- In old- law there was a distinction between male and female heirs, but the Hindu Succession Act. 1956 removed the distinction between male and female heirs.
- Under the old law, the rule of preference is based on the right to offer pinda or propinquity of blood, but the order of succession provided by the Act is based on the concept of love and affection.
- Under the old law, a simultaneous succession of different types of heirs was not recognized. Now class 1 heirs take simultaneously under the Hindu Succession Act.
- Under the old law, the samanodakas with the 14th degree marked the limit of agnatic kinship and similarly, five degrees on the mother’s side and seven degrees on the father’s side marked the limits of the cognate relationship. However now these limits have been removed by the Hindu Succession Act,1956.
- The old law gave the benefit of the doctrine of representation only to the sons, grandsons, and great-grandsons of predeceased sons. But the Hindu Succession Act. 1956 extends the benefit of this doctrine also to the children of predeceased daughters and also to daughters of predeceased sons and daughters of a pre-deceased son of a predeceased son as also to the widow of a pre-deceased son and the widow of a predeceased son.
- Under the old law, there were no rights to certain female heirs to succeed to the interest of a Mitakshara coparcener, but the Hindu Succession Act, 1956 has given the rights to a certain female heir to succeed to the interest of a Mitakshara coparcener. Under the old law, there was Stridhana and women’s Estate (Limited Estate), but the Hindu Succession Act abolished Stridhan and women’s estate.
- Under the old law, succession to Stridhana depended upon the nature of the Stridhana and the nature of the marriage (whether approved or unapproved) and the particular school of law to which the parties belonged. The Hindu Succession Act devised a simplified system.
- Under the old law, there was a lot of confusion and disorder in computing the order of succession among agnates or cognates. But the Hindu Succession Act, 1956 made the provisions very clearly the order of succession of agnates or cognates as the case may be.
- Under the old law, the rights of illegitimate issues depended upon the caste to which the parents belonged and they also varied from school to school. Now under the Hindu Succession Act. 1956 illegitimate kinship is recognized only with reference to the mother for purposes of inheritance.
- The old law of succession had rules of disinheritance based upon disqualifications e.g. lunacy and idiocy. Similarly, the unchastity of the widow disqualified her for inheritance. Now the Hindu Succession Act, 1956 removed all these disqualifications and diseases, defect or deformity is no ground of exclusion from inheritance under the Act.
- Under the old law, in a joint family, on the death of a coparcener, the principle of survivorship operated and the widow or daughter or mother of the deceased coparcener or his predeceased son’s daughter, or predeceased daughter’s daughter cannot inherit his share. The Hindu Succession Act, 1956 remedied this.
- Under the old law of succession, a coparcener could not make a will in respect of his interest in the joint family property. Section 30 of the Hindu Succession Act, 1956 enables him to execute a will in respect of such property.
- Under the old law of succession, there was a system of the impartible estate. But the Hindu Succession Act abolished the impartible estate not created by statutes.
- Under the old law of succession, there was no uniform order of succession. But, Section 8 of the Hindu Succession Act provides for the uniform order of succession governing the property of a male Hindu and Section 15 of the Act provides the uniform order of succession governing the property of a female Hindu.
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