DR.

RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY

FAMILY LAW

FINAL DRAFT
ANALYSIS OF HINDU
SUCCESSION (AMENDMENT) BILL, 2013

SUBMITTED TO- SUBMITTED BY-

Mr. Mahendra S. Paswan Abhay Singh Rajput
Assistant Professor (Law) Semester - IV

Dr. RMLNLU-Lucknow Roll No. - 05

B.A.LLB (Hons.)
 ACKNOWLEDGEMENT

I would like to extend special thanks and gratitude to my teacher, Mr. Mahendra Singh
Paswan who gave me this golden opportunity to work on Critical Analysis of Hindu
Succession (Amendment) Bill-2013.

The Proposed Bill seek to make changes in S.3 and S.15 of Hindu Succession Act, 1956 and
Projects objective is to carefully examine if the aforesaid amendments doesnt lead to any
undue advantage or harm to either of male or female sections of (Hindu) Society in the name
of positive discrimination under Art. 15(3), as Social Justice and the Principle of equality
are enshrined in Art. 14 of the Constitution of India.

Throughout the research period I have been time and again guided by my teacher.

Id also like to convey my regards to Library Staff of my university for helping me out and
getting relevant material for me.
I would like to thank my university Dr. Ram Manohar Lohiya National Law University,for
giving me the chance to be a part of an unique research oriented curriculum which indeed
boosts the understanding of the subject.

I would also like to thank my parents, mentors and well-wishers who have been a constant
support and have time and again reviewed my work and have provided their insights on the
matter.

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 TABLE OF CONTENTS

ACKNOWLEDGEMENT ..................................................................2

CHAPTER I- INTRODUCTION ......................................................4

CHAPTER II- WHO ARE HINDUS? ..............................................5

CHAPTER III- CURRENT SCHEME OF SUCCESSION? .........7

CHAPTER IV-THE PROPOSED AMENDMENTS.....................10

CHAPTER V-REASONING BEHIND THE AMENDMENTS ...11

CHAPTER VI- RESPONSE FROM THE SOCIETY TO THE

BILL ....................................................................................................12

CHAPTER VII-FINDINGS .............................................................15

BIBLIOGRAPHY .............................................................................16

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 CHAPTER I- INTRODUCTION

The joint and undivided family is the condition of a Hindu society. The joint family traces
its origin to the ancient patriarchal system. The law of heirship had close connection with the
doctrine- He who inherits the property, also offers the pinda. The law of inheritance
comprises rules which govern devolution of property on the death of a person upon other
persons solely on account of their relationship to the former.

Till the middle of 19th Century the Hindu Law of Succession in its traditional form remained
in application in the country without any reform. The Mitakshara law as well as the
Dayabhaga law remained in force in various parts of India. The courts in British India and in
the Indian states kept on applying and interpreting their rules and provisions.

It was for the first time in 1850 in British India a rule forming part of Hindu Law of
Succession was abrogated by Central Legislature in the form of Caste Disabilities Removal
Act, 1850.

In the area of testamentary succession reforms were made by the following enactments:
Hindu Wills Act, 1870, Hindu Transfers and Bquests Act, 1914, Hindu Disposition of
Property Act, 1916. The Hindu Wills Act, 1870 was later incorporated into
Indian Succession Act, 1925.

Hindu Gains of Learning Act, 1930 modified the traditional joint family law. Hindu
Inheritance (Removal of Disabilities) Act, 1928 modified the traditional rules of Hindu law
that disqualified heirs on the ground of certain bodily and mental diseases and deformity from
inheriting the property.

It was felt that the Hindu Code should be prepared. The Hindu Law Committee which was
formed to prepare the Hindu Code in 1914 was revived in 1944. It was presided over by Sir
Benegal Narsing Rau. The original draft of provisions relating to intestate succession
contained in Raus Committee Bill underwent substantive changes in the hands of Select
Committee which considered the Rau Committee Bill in 1948. Based on the scheme
adopted by the Select Committee the Hindu Succession Bill was introduced in the
Parliament.1

1
The Hindu Succession Act, 1956 (30 of 1956).

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 CHAPTER II- WHO ARE HINDUS?

The term Hindu is a general term embracing all those who are commonly so known. The
Term Hindu donates all the person who profess Hindu religion either by birth, or by
conversion to the Hindu faith.

In the case of Yagna-purusdasji v. Muldas2 the Supreme Court accepted the working formula
evolved by Tilak regarding Hindu religion. According to him, Acceptance of Vedas with
reverence, recognition of the fact that the means or ways of salvation are diverse and
realization of the truth that the number of godsto be worshipped is large, that indeed is the
distinguishing feature of Hindu religion. The Court further posted the question as to who are
the Hindus but did not give any categorical reply to it. In short, a person who carries a
Hindu way of life and who is known by others to be a Hindu can said to be a Hindu.

In Manohar Joshi v. N.B. Patil3, while pointing out the distinction between Hindu religion
and Hindutva (Hinduism), the Supreme Court held that the world Hindutva by itself doesnt
invariably mean Hindu religion and it is the context and the manner of its use which is
material for deciding the meaning of the world Hindutva in a particular text. It cannot be
held in the abstract, the mere word Hindutva by itself invariably must mean the Hindu
religion.

HINDUS BORN AS WELL AS MADE

It is often said that a Hindu is born not made, i.e., the status of a person as Hindu is
determined by his birth. If a person is born of Hindu parents he is a Hindu unless he changes
his existing status by becoming a member of such a religion as would destroy his status as
Hindu and give him a new one. A Hindu on his conversion to Christianity, Islam or
Zoroastrianism ceases to be governed by the Hindu Law.4

2
AIR 1966 SC 1119.
3
AIR 1996 SC 796.
4
RK Agarwala, Hindu Law ( 21 edn, Central Law Agency 2006).

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The term Hindu according to their Lordships of the Privy Council includes those born as
Hindus and also those who become convert to Hinduism. Hindus are therefore born as well
as made and thus the applicability of Hindu Law is not restricted or confined to those persons
only who are Hindus by birth. Its application has been extended to those persons also who
have accepted the Hindu religion or convert to Hinduism.5

PERSONS TO WHOM HINDU LAW APPLIES-

To any person, who is a Hindu by religion in any of its forms or developments including a
Virashaiva, a Lingayat or a follower of the Brahmo, Parathana or Arya Samaj.

(b) to any person who is Buddhist, Jaina or Sikh by religion, and

(c) to any of other person who is not a Muslim, Christian, Parsi or Jew by religion unless it is
proved that any such persons would not have been governed by the Hindu law or by custom or
usage as part of that law in respect of any of the matters dealt with herein if this Act had not been
passed.

Explanation. - The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the
case may be:-

(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or
Sikhs by religion.

(b) any child, legitimate or illegitimate one of whose parent is a Hindu, Buddhists, Jaina or Sikh
by religion and who is brought up as a member of the tribe, community, group or family to which
such parent belongs or belonged.

(c) any person who is convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.

5
Abraham v. Abraham, (1863) 89 MIA 199, 241.

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 CHAPTER III- CURRENT SCHEME OF SUCCESSION?

The word intestate implies a person who dies without making any testamentary
disposition capable of taking effect. It also refers to property which an intestate leaves behind
him to pass to his heirs. It also deals with heirs who are entitled to succeed and also the mode
of devolution of property.6

Their Lordships of the Supreme Court held that by virtue of S.4 of the Act, the Legislature
has abrogated the rule of Hindu Law in all matters in respect of which there is an express
provision in the Act.7 This view was again confirmed in a subsequent pronouncement by
Supreme Court.8

SUCCESSION TO PROPERTY OF A MALE HINDU

The Act deals with the different rules of succession in connection of the devolution of
property, belonging to a male and to female. S.8 to 13 deal with rules of succession in
connection with the separate property of a male Hindu, dying intestate. S.15 and 16 deal with
the devolution of the property belonging to a female Hindu.

Succession to property of males. - S.8 of the Act lays down general rules of succession in
the case of males dying intestate. Succession opens at the time of death of the person whose
property is to be succeeded, and is governed by the law in the force at the time.9

The words dying intestate in S.8 are descriptive of status of the deceased and have no
reference to the time of death of a Hindu male.10 The Act applies to the cases of succession
which opens after the Act came into force. The property of a male Hindu dying intestate
devolve firstly on heirs in clause (1) which include widow and son.11

6
R K Agarwala, Hindu Law (1958, Central Law Agency 2006) 227.
7
Munna Lal v. Rajkumar AIR 1962 SC 1493.
8
Commr. Of IT v. Kokila Debi, AIR 1970 SC 1930.
9
Satnarayan v. Seethamma AIR 1972 Mys. 247.
10
Ibid.
11
Rameshwari Devi v. State of Bihar AIR 2000 SC 735.

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The section divides the heirs of a male for the purposes of inheriting the property onto four
classes. These are:

1. Relations mentioned in Class I of the Schedule.

2. Relations mentioned in Class II of the Schedule.
3. Agnates of the deceased.
4. Cognates of the deceased.

On the failure of heirs qualified to succeed under the Act, the property of the intestate
shall devolve on the govt. This is Govt.s right to get the property by escheat. But the Govt.
cannot be classed as heir entitled to succeed under the Act. Therefore, Govt. cannot be treated
as constituting a fifth class of heirs, and, accordingly, S.8 mentions only four classes of heirs,
S.8 of the Act runs as follows:

The property of a male Hindu dying intestate shall devolve according to the provisions of
this Chapter-

(a) Firstly, upon the heirs, being the relatives specified in class 1 of the Schedule.

(b) Secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in
class II of the Schedule.

(c) Thirdly, if there is no heir of any of the two classes, then upon the agnates of the
deceased, and

(d) lastly, if there is no agnate, then upon the cognate of the deceased.

S.6 is applied to the devolution of coparcenary property of a male Hindu who dies after the
commencement of the Act. S.8 is applied to the devolution\ion of a self-acquired property of
a male Hindu. The words the property of a male Hindu dying inestate and the words shall
devolve occurring in S.8 make it very clear that the property whose devolution is provided
for by that section must be property of a person who dies after the commencement of the Act.

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The provisions of S.8 are therefore, not retrospective in operation. Where succession opened
before the Act, S.8 will have no application.12

SUCCESSION TO PROPERTY OF A FEMALE HINDU

Under the Hindu Law, before the commencement of the Act, separate rules existed for the
devolution of a womens property. Prior to the Act a female Hindu possessed two kinds of
property: (1) Stridhan (2) Hindu womens estate.

Over, Stridhan she had full ownership and on her death it devolved on her heirs. With regard
to the property which she acquired as womens estate, her position was that of an owner but
her power of alienation was limited. On her death, such property devolved not on her own
heirs but upon the next heirs of the last full owner. But now S.14 of the Act abolished the
Hindu womens limited estate and confers on the woman the absolute ownership over all
Hindu womens limited estate and confers on the woman the absolute ownership over all her
property howsoever acquired by her, S.14 of the Act runs as follows:

(1) Any property possessed by a female Hindu, whether acquired before or after the
commencement of this Act, shall be held by her as full owner thereof and not as a limited
owner.

Explanation.- In this sub-section, property includes both movable and immovable property
acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of arrears of
maintenance, or by gift from any person, whether a relative or note, before, at or after her
marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other
manner whatsoever, and also any such property held by her as stridhana immediately before
the commencement of this Act.

(2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift
or under a will or any other instrument or under a decree or order of a civil court or under an
award where the terms of the gift, will or other instrument or the decree, order or award
prescribe a restricted estate in such property.

12
Eramma v, Veerupana AIR 1996 SC 1879.

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 CHAPTER IV-THE PROPOSED AMENDMENTS

The Proposed Bill seek to make changes in S.3 and S.15 of Hindu Succession Act, 1956 (30
of 1956)

In section 3 of the Hindu Succession Act, 1956 (hereinafter referred to as the

principal Act), after clause ( j), the following clause shall be added, namely:

(k) self-acquired property means any property including both movable and

immovable property acquired by a female Hindu by her own skill or exertion.

In section 15 of the principal Act, in sub-section (2), after clause (b), the following

clause shall be added, namely:

(c) if a female Hindu dies intestate, her self-acquired property, in the absence of

husband and any son or daughter of the deceased (including the children of any
predeceased son or daughter), shall devolve, not upon the heirs as referred to in
subsection (1) in the order specified therein, but in the following manner:

(i) firstly, upon the mother and the father of the female;

(ii) secondly, upon the heirs of the father of the female;

(iii) thirdly, upon the heirs of the mother of the female; and

(iv) lastly, upon the heirs of the husband of the female..

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CHAPTER V-REASONING BEHIND THE AMENDMENTS

The proposed amendment has been necessitated in view of the vast changes in the social
milieu over the past few years. Over the years, women have taken a stride in all spheres of
life. The consequence is that women are acquiring property earned by their own skill.
These situations do not seem to have been in the contemplation of legislators when the Act
was initially enacted.
Social justice and the principle of equality as enshrined in article 14 of our Constitution
demands that the women should be treated equally, both in the economic and the social
sphere. Further, the Constitution of India not only grants equality to women but under article
15(3) also empowers the State to adopt measures of positive discrimination in favour of
women for neutralizing the cumulative socio-economic, educational and political
disadvantages faced by them.
The proposed Bill seeks to make changes in sections 3 and 15 of the Hindu Succession Act,
1956 so that first preference is given to the parental heirs of the wife over the husbands heirs
to inherit the self-acquired property of a women dying intestate in the absence of husband and
any son or daughter of the deceased (including the children of any predeceased son or
daughter).
It is expedient in public interest to make the aforesaid amendments with regard to self
acquired property of women in the parent Act.

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CHAPTER VI- RESPONSE FROM THE SOCIETY TO THE
BILL

The bill has received mixed response from various sections of Hindu Society.
Organisations like STOP ABUSE AGAINST MEN have come up with petitions.13

CRITICS AGAINST THE BILL

Bill considers the women's self-acquired Property/assets ( movable + movable) in absence

of Husband's/child, it should go to women's Parents only not to Husband's Family heirs,
means whatever assets ( movable + immovable) in her name let it be she earned from
husband or husbands family, but it will go to her parental heirs only.

Where the need of such amended the main reason given:

The proposed amendment has been necessitated in view of the vast changes in the social
milieu over the past few years.

Over the years, women have taken a stride in all spheres of life. The consequence is that
women are acquiring property earned by their own skill.
These situations do not seem to have been in the contemplation of legislators when the Act
was initially enacted.

Means it is established self-acquired assets earned by a wife, there is no contribution of

Husband or her family members, fair enough!!

But the unanswered question, why the same logic does not apply when wife or family claim
her contribution in husband's not only self-acquired assets even inherited/inheritable assets?

Yes, that is the ground reality as I also witness in last 10 years I am in Agra and stayed in 6
rented Home and among that 5 house owners were Women only not a Man!

13
http://swarup1972.blogspot.in/2013/09/hindu-succession-amendment-bill-2013-by.html

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Even many people do not know in agriculture Land more than 9.2percent is in the name of
Women , more than 90% movable assets in the form of Gold/Diamond/Jewellery in custody
of women only, but Kapil Sibal came out some imaginary figure only 2% assets belong to
women without any supporting authentic data.

As per census data In Delhi approx. 30 Lakhs House 9.2 lakhs are rented house and 80% of
those house owners are Women, not men.

Now to make a LAW in this country the logic and ground reality does not matter when it
comes to grab men's hard earned assets by Legal Extortion.

Indian Men are supposed to work their whole life like a donkey and one day die in Heart
attack. In case he face any financial hardship, he can't even use his own saving for rainy days.

Law makers repeatedly misusing the provision of constitution 15(3) with logic positive
discrimination Government already make many biased law like 498A, DV act, CRPC125 and
now on the way New Marriage LAW (IRBM).

Our Supreme Court is silent for more than 30 years against government's such abuse of
Indian constitution's special provision under 15(3), as per their wish and killing the Natural
Justice.

Result today witness marriage relationship converted to a money extortion business, but we
have to wait and see does our SC judges have courage like China SC, who had made
null/void such law, as any rights comes through marriage towards the property/assets of
husbands does not valid after Divorce. No fault Divorce can't be a ground to snatch each
others hard earned assets, which against basic fundamental rights of individual to live and
liberty.

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Media, Judiciary, and LAW makers no one will take corrective action, but many men today
asking to marry?

Injustice somewhere is direct threat of Justice everywhere, hope all understand and demand
the word Spouse instead of Husband/wife, so that the LAW should not be Unfair/biased and
became a TOOL of Extortion like 498A, DV act.14

14
http://swarup1972.blogspot.in/2013/09/hindu-succession-amendment-bill-2013-by.html

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 CHAPTER VII-FINDINGS

The proposed amendments to be made in the Original Act of Hindu Succession Act, 1956 are
reasonably fair.

Projects objective was to carefully examine if the aforesaid amendments doesnt lead to any
undue advantage or harm to either of male or female sections of (Hindu) Society in the name
of positive discrimination under Art. 15(3), as Social Justice and the Principle of equality are
enshrined in Art. 14 of the Constitution of India.

It has been found out that proposed bill, doesnt lead to any kind of unreasonable position of
advantage to the women.

A womans parents spend all their savings and resources on them, giving them quality life,
education, and in the society like ours marriage of girl is a hefty task too.

And also parents of the woman would be named heirs only in the case absence of any natural
heir like husband and children of the woman herself.

Therefore, there is no scope of biasedness towards any particular gender of the society.

Hence, the proposed amendments are apt.

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 BIBLIOGRAPHY

Books referred-

1. The Hindu Succession Act, 1956 Bare act. (Act no. 30 of 1956)
2. Hindu Law, A R Agarwal, 2003
3. Family Law, BM Gandhi, 1st Edn. EBC, 2012.

Websites referred-

1. http://swarup1972.blogspot.in/2013/09/hindu-succession-amendment-bill-2013-
by.html
2. http://www.lawyersclubindia.com/forum/Hindu-succession-amendment-bill-2013-
88114.asp
3. http://www.thehindu.com/news/national/hindu-woman-entitled-to-equal-property-
rights-supreme-court/article2534751.ece
4. http://www.advocatekhoj.com/library/judgments/index.php?go=2009/april/66.php
5. http://www.lawyersclubindia.com/forum/Hindu-succession-amendment-bill-2013-
88114.asp

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