Table of Contents

Introduction ................................................................................................................................ 1

Research Methodology .............................................................................................................. 2

Research Question ..................................................................................................................... 2

Aims and Objectives .................................................................................................................. 2

Hindu Succession Act ................................................................................................................ 3

Need for Amendment ................................................................................................................. 3

207th Report of Law Commission of India ................................................................................ 4

Recommendations suggested by the Law Commission of India ............................................... 6

Critical Analysis......................................................................................................................... 7

Conclusion ................................................................................................................................. 8
Introduction

The 207th law commission report was presented by Justice A R Lakshmanan, Former Judge of
Supreme Court of India and Chairman of Law Commission of India to Shri H.R. Bhardwaj,
Union Minister for Law and Justice, Government of India on 10th June 2008.1

The 207th report presented by Law Commission of India in 2008 had a proposal to amend
section 15 of Hindu Succession Act, 1956 2 which provides general rules of Succession in case
of female Hindus of which sub-section (2) further talks about the case in which Hindu female
dies leaving her inherited property without any heirs.

Law Commission of India who is an executive body. It is established through an order of the
Government of India. Its core function is to reform laws, comprises of legal experts assigned
by the government to take good care of the laws, and create maximum peace, security, and
justice in the society. It also acts as an advisory body to the Ministry of Law and Justice advised
the ministry to amend the section 15 (2) of Hindu Succession Act, 1956 by adding relevant
provisions regarding the succession of Hindu female’s self-acquired property.

The Hindu Succession Act, 1956 is a part of the Hindu Code which includes the Hindu
Marriage Act, 1955 Hindu Adoptions and Maintenance Act, 1956 and the Hindu Minority and
Guardianship Act, 1956.

The vast change in society from 1956 provides opportunity to women in the society. Today the
females in the society are advance, independent and compete with man in almost every fields.
This change in society doesn’t provide a comparable change in old laws. The change in society
brings a change in law as a law is dynamic and changes from time to time. Hindu succession
Act is one among such acts which in few conditions doesn’t clarify the law regarding the
succession over a Hindu females self-acquired property after her death.

Law commission of India an executive body who finds a ambiguities and short comings in such
laws/acts and present a report proposing the suggestions in them to Ministry of Law and Justice,
which further sent to parliament (Lok Sabha) in form of bill which is passed by the members
of Lok Sabha and then implement as a law.

1
Report No. 207, Law Commission of India.
2
Ibid.

1
Research Methodology

The method of research is doctrinal. The research is done by referring to the Law Commission
reports and other several bills passed by parliament with various amendments made with the
data from primary and secondary sources.

Research Question

• What are the drawbacks of the 207th Law Commission of India report?
• What amendments were made in section 15 of Hindu Succession Act
1956?

Aims and Objectives

• Review the 207th Law Commission of India report.

• Study section 15 of the Hindu Succession Act. 1956 in detail.
• Study the need for change in the Hindu Succession Act.
• Point out the drawback and analyze the 207th Law Commission report.

2
Hindu Succession Act

The Hindu Succession Act, 1956 is an Act of the Parliament of India enacted to amend and
codify the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains,
and Sikhs. The Hindu Succession Act, 1956 is a part of the Hindu Code which includes the
Hindu Marriage Act, 1955 Hindu Adoptions and Maintenance Act, 1956 and the Hindu
Minority and Guardianship Act, 1956. The Act lays down a uniform and comprehensive system
of inheritance and succession into one Act.

This act brought a revolutionary change by providing law relating to succession, especially for
Hindu females. The Hindu woman's limited estate is abolished by the Act. Hindu female can
become an owner in property and can play a role co-parcener for the first time. Hindu
Succession Act after the amendment in 2005 provides right to daughter to be a coparcener by
birth in Joint Hindu Family governed by Mitakshara Law and have rights and liabilities in the
same manner as a Hindu male in respect of the property. Even a widow gets importance
regarding the succession of her husband's property. Females are treated equally as male. Any
property possessed by a Hindu female is to be held by her absolute property and she is given
full power to deal with it and dispose of it by will as she like

Need for Amendment

When the Hindu Succession Act was enacted in 1956 the structure of Hindu society was
different, women hardly went out to work and are dependent on her father or her husband or
any other male member of the family. There has been a vast change in society since then.

Today due to the social and economic changes in society women are taken a stride in all
spheres, they are not dependent on anyone today and earned for themselves similarly they can
own a property which is self-acquired by them and inherit by anyone.

Similarly, fragmentation of Joint Hindu Family into a nuclear family due to urbanization and
other societal changes. One of the fundamental tenets underlying the law of succession has
been the proximity of relation in which a successor stands to the person who originally held
the property that may be the subject matter of inheritance in a given case. The fact that women
have been given right to inherit from her parental side also assumes relevance in the present
context. These developments and changes lead to competing arguments and approaches that
may be taken in redefining the law of succession in case of a female Hindu dying intestate.

3
207th Report of Law Commission of India

The report proposed by efficiently. Law Commission of India in 207th report which talks about
the amendment of Section 15 of Hindu Succession Act, 1956 3 is about the proposal to amend
Section 15 of Hindu Succession Act, 1956 in case a female dies intestate leaving her self-
acquired property with no heirs.

The report was present by Dr. Justice AR. Lakshmanan, Chairmen of Law Commission on
India with his team consisting of Dr. D P Sharma, Member Secretary with Prof. (Dr) Tahir
Mahmood and other members and research and administration staff on June 10, 2008.4

Duly signed by Dr. Justice A R Lakshmanan with member secretary Dr. D. P. Sharma and
Member Prof. (Dr) Tahir Mahmood.5

The report proposed an amendment in Section 15 which provides a scheme and rules of
succession over a Hindu female’s self-acquired property, section 15 of the act read along with
the Section 16 of the same which describes the order of succession and manner of distribution
among heirs of Hindu female.6

3
Section 15 in The Hindu Succession Act, 1956, General rules of succession in the case of female Hindus —
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16 —
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the
husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1) —
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son
or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs
referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the
absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not
upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.
4
Report No. 207, Law Commission of India, p 03.
5
Ibid, p 27.
6
Section 16 in The Hindu Succession Act, 1956, Order of succession and manner of distribution among heirs of
a female Hindu —The order of succession among the heirs referred to in section 15 shall be, and the distribution
of the intestate’s property among those heirs shall take place according to the following rules, namely:
Rule 1 —Among the heirs specified in sub-section (1) of section 15, those in one entry shall be preferred to those
in any succeeding entry and those included in the same entry shall take simultaneously.
Rule 2 —If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children
alive at the time of the intestate’s death, the children of such son or daughter shall take between them the share
which such son or daughter would have taken if living at the intestate’s death.
Rule 3—The devolution of the property of the interstate on the heirs referred to in clauses (b), (d) and (e) of sub-
section (1) and in sub-section (2) to section 15 shall be in the same order and according to the same rules as would
have applied if the property had been the father's or the mother's or the husband's as the case may be, and such
person had died intestate in respect thereof immediately after the intestate's death.

4
According to Section 15 (1) of the act said that if the Hindu female dies intestate leaving her
property then7 firstly it devolves upon her sons and daughters and so also the husband after the
children of any pre-deceased son or daughter are also in a row getting first preference to inherit
her property. If there is no-one among her husband or her child or any son or daughter of any
pre-deceased child is alive then secondly, any heirs or relatives of her husband have a right
over her property. Thirdly, if there are no heirs of husband then property would devolve upon
mother and father and fourthly if none of her parents are alive then property would devolve to
heirs of fathers (e.g. brother and father, etc.) and finally, if none of her father's heir is alive
then it passes to her mother heirs.

Further in sub-section (2) said that if female dies without leaving any issue to her inherited
property by her father or mother then it will not devolve according to rules provided in sub-
section (1) but upon heirs of her father or mother only similarly followed in case where the
property is inherited by her husband or father-in-law it is succeeded by her husband or his
heirs.8

But, according to report the sections fails to talk about the succession over a self-acquired
property of Hindu female. According to sub-section (1) the property of Hindu female passes to
her son or daughter or her husband and if none of them were alive then according to the Section
15 (2) (b) it passes to heirs of her husband.9

Suppose, it is possible that she is close and even dependent on her natal rather than to her
husband's family. And her parents, natal and her other relatives must have a right in her self-
acquired property which is not inherited by anyone. Then her natal family members or heirs
possess no rights in her property. Supposedly, it is also possible that her husband's relatives

7
Section 15 (1) of Hindu Succession Act, 1956 – The property of a female Hindu dying intestate shall devolve
according to the rules set out in section 16 —
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the
husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
8
Section 15 (2) of the Hindu Succession Act, 1956 – Notwithstanding anything contained in sub-section (1) —
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son
or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs
referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the
absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not
upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.
9
Ibid.

5
abandoned her after her husband death or her husband deserted her and she died then also
according to laws her property passes to her husband or his heirs according to clause ‘a' and
‘b'. Though in many situations and in normal circumstances she continues to live with her
husband's family after her husband's death or getting support from her husband's relatives then
they must also get a share from her property. Hence, her husbands and parental heirs possess
equal rights on her property, therefore, it must be distributed equally among them as assumed,
discussed and concluded in the report presented by the Law Commission of India.

Hence, if a Hindu female dies intestate leaving her self-acquired property, and only leaving
relatives of her was her father and father-in-law then her property inherited among her father
and father-in-law equally.10

As per the report, the suggested amendment was the addition of clause ‘c' in sub-section (2) of
Section 15 of the Hindu Succession Act, 1956 –

"(c) if a female Hindu leaves any self-acquired property, in the absence of husband and any
son or daughter of the deceased (including the children of any pre-deceased son or daughter),
the said property would devolve not upon heirs as mentioned in Section 15(1) in the
chronology, but the heirs in category (b)+(c) would inherit simultaneously. If she has no heirs
in a category (c), then heirs in a category (b) + (d) would inherit simultaneously."11

This amendment proposed by the law commission of India in its report provides quite justified
equal rights to Hindu female's parental heirs along with her husband's heirs to inherit her
property.

Recommendations suggested by the Law Commission of India

According to the report presented by Law Commission in present scenario where the society
is emerging the effect that women have been entitled to inherit property from her parental side
as well as from husband side, therefore, it will be justified to provide equal rights is given to
her parental heirs along with her husband's heir to inherit her property.

Therefore, it is proposed by Law commission to bring balance between both and therefore
suggested to amend Section 15, in case a Hindu female dies intestate leaving her self-acquired

10
Report No. 207, Law Commission of India, p 23.
11
Report No. 207, Law Commission of India, p 25.

6
property with no heirs then her property must devolve on her husband’s heirs as well as her
paternal heirs.

Suppose, married Hindu female dies intestate leaving the self-acquired property at the time of
her death, the only surviving relatives are her mother-in-law and her mother the pre-amendment
her property would devolve entirely to her mother-in-law and her mother will not get anything
from her property. But after the amendment, her property will equally inherit between her
mother and mother-in-law. 12

Critical Analysis

According to 207th Law Commission of India report, it proposed a suggestion of amendment

in Section 15 (2) to add relevant provisions regarding the succession over the self-acquired
property by a Hindu female is praiseworthy. According to the report if any Hindu female dies
intestate her self-acquired property with no heirs than as mentioned in a clause ‘b’ of Section
15 her property should be devolved among her in-law’s and her parental heirs or heirs equally.

In common circumstances the husband's family plays an important role in the maintenance of
his wife after husband’s death, in many situations the wife chose to lives with her husband’s
family throughout her life. Husband's family does not abandon her hence, then, they deserve
to have a share of her property as discussed in the report.

But the report doesn't mention anything about the conditions what if the husband had deserted
his wife? what if her husband or his family after her husband’s death deserted her? Then
succession over her property by her husband or husband’s heirs sounds unjust. In such situation
it should be succeeded only by her parental heirs rather than her husband’s heir.

Law Commission failed to discuss such state of affairs in its report. Modernization brought
various changes in society, unlike earlier women are not dependent on her family members.
Today, Joint Hindu Family gets divided into nuclear families and Hindu females in such
nuclear families usually lives alone or with her natal family after her husband’s death. Hence,
the necessary clauses must add or amended in section 15 of Hindu Succession Act which
clarifies the law in light of these state of affairs.

12
Report No. 207, Law Commission of India, p 24.

7
Conclusion

The section 15 of Hindu Succession Act, 1956 talks about the general rules over the succession
over the property of Hindu female of which sub-section (2) further talks about the succession
over the inherited property of Hindu female dying without any heir to her property. But the
section doesn’t talk about the succession over the self-acquired property of Hindu female.

The 207th law commission of India report talks about the succession over such self-acquired
property by Hindu female. According to the report, Law was made here the property of such
Hindu female was distributed among her paternal heirs and heirs of her husband equally. The
reason for which was productively discussed in the report.

But the laws provided by Report was not completely sustaining need. What if the husband
deserted the wife? or What if the husband's family abandoned wife after her husband's death?
Then also the share from her property goes to the husband's heir after her death.

However, in a Bill no. 319 of 2015 passed by Lok Sabha overcome this deficiency. Bill no.
319 which proposed to an amendment in Section 8 and Section 15 (2) successfully get passed
and implemented by law.

The Bill added clause ‘c’ in Section 15 (2) which said that –

(c) any property self-acquired by a female Hindu during the time of desertion shall devolve, in
the absence of any son or daughter of the deceased (including the children of any pre-deceased
son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified
therein, but upon the heirs of the father and the mother.". 13

Here, this amendment removed the barrier of the uncertainty of succession over the property
of a Hindu female's self-acquired property without any heirs which are quite substantial and
overcome the deficiency of the 207th report.

13
The Hindu Succession (Amendment) Bill 2015, Bill No. 319 of 2015, p 02.

8
Bibliography

Websites referred

• loksabha.nic.in.
• lawcommissionofindia.nic.in.
• legalaffairs.gov.in.
• www.india.gov.in.