Hindu Succession Act, 1956

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Description
This book is dedicated to my beloved mother who is no longer in this world. Succession and inheritance laws in India play a vital role in a person's life. The law of succession relating to Hindus has not yet been fully codified. This book contains comprehensive, in-depth and analytical commentary on the Hindu Succession Act, 1956. In fact, no commentary on the Hindu Succession Act can be complete and effective unless it covers the uncodified portion of Hindu law. The book also throws light on the uncodified Hindu Law of Succession. The commentary on each section of the Act has been prepared after studying and analysing numerous case laws relating to the Hindu Succession Act as well as Customary Hindu Law and other allied Acts on Hindu Law. The commentary explains the law in a clear and precise manner. A detailed table of contents containing headings, sub-headings, etc. commented upon have been provided at the beginning of each section of the Act, so that the users of the book can easily and quickly find the relevant law and judicial precedents on any point, issue or question and solve their problems and clear their doubts. The book discusses in detail some of the revolutionary provisions of national interest and constitutional importance, such as provisions relating to social upliftment of women and their equal status with men; provisions for removal of discrimination on the basis of religion, caste, sex, etc. For instance, commentary on the provisions relating to coparcenary rights of daughters, right of female Hindu to hold property as full owner, rights of illegitimate son in joint family/coparcenary property to whom legitimacy is conferred by section 16 of the Hindu Marriage Act, 1955, etc. Similarly, the book also contains systematic and rational commentary on provisions which have been controversial for a long time, either due to ambiguity in their language or because they are capable of having more than one meaning and which have been interpreted differently by various courts in India and which took a long time to be resolved. For instances, commentary on succession of agricultural land, legal fiction of partition, determination of the character of the property inherited by a son from his father, etc.
preposition etc is supported by the decisions
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Table of Contents
Chapter I Preliminary
1. Short Title and Extent
2. Application of Act
3. Definitions and Interpretations
4. Overriding Effect of Act
Chapter II Intestate Successhion
5. Act not to Apply to Certain Properties
6. Devolution of Interest in Coparcenary Property
7. Decolution of Interest in the Property of a Tarwad, Tavazhi, Kutumba, Kavaru or Illom
8. General Rules of Successhion in the Case of Males
9. Order of Succession amongg Heirs in the Schedule
10. Distribution of Property among Heirs in Class I of the Schedule
11. Distribution of Property among Heirs in Class II of the Schedule
12. Order of Succession among Agnates and Cognates
13. Computation of Degree
14. Property of a Female Hindu to be her Absolute Property
15. General Rules of Succession in the Case of Female Hindus
17. Special Provisions Respecting Persons Governed By Marumakkttayam And Aliyasantana Laws
18. Full Blood Preferred To Half Blood
19. Mode Of Succession Of Two Or More Heirs
20. Right Of Child In Womb
21. Presumption In Cases Of Simultaneous Deaths
22. Preferential Right To Acquire Property In Certain Cases
23. Special Provision Respecting Dwelling-Houses
24. Certain Widows Re-Marrying May Not Inherit As Widows
25. Murderer Disqualified
26. Convert's Descendants Disqualified
27. Succession When Heir Disqualified
28. Disease, Defect, Etc, Not To Disqualify
29. Failure Of Heirs
Chapter III Testamentary Succession
30. Testamentary Succession
Chapter IV Repeals
31. Repeals (Omitted)
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Author Details
Neelam Kumar Jain