Family S

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY VISKHAPATNAM, A.P, INDIA.

PROJECT TITLE Disqualifications under Hindu succession act

SUBJECT Family Law – II

NAME OF THE FACULTY Mr. Radhakrishna

Name of the candidate: Roll Number: Semester: 4

1

Table of contents Acknowledgement...............................................................................................................3 Certificate Synopsis………………………………………………………………………………………5 1) Introduction……...................................................................................................................7 2) Historical background………………………………………………….……………….…9 3) Hindu Succession Act……………………………………………………………………..11 4) Disqualifications under the statute …………………………………………………….12 5) Consequence of disqualification…………………………………………………………..12 6) Causes and consequences of its deletion……………………….………………………...12 7) Laws of disqualifications…………………………………………………………………16 7) Widow of the deceased himself………………………………………………………….19 8) Law commission report…………………………………………………………………..21 Conclusion…………………………………………………………………………………24 Bibliography………………………………………………………………………………..24

2

Acknowledgement I would like to express my heartfelt gratitude to our beloved professor Dr. S. Radhakrishna sir for giving me this opportunity to do a project on the topic of Disqualification under hindu succession act. It helped me to know new many things and gain knowledge. I have put all my efforts to collect the information and to complete this project. I would extend my thanks to Family Law sir for her support, guidance and encouragement throughout the project. I would also like to thank my friends and family members for their support throughout the project.

Certificate This is to certify that P. Swetha studying in semester 4 belonging to roll number 2017123 has completed this project all by myself with the guidance of the Family law faculty S. Radhakrishna sir with the help of DSNLU library.

Signature of faculty

Signature of student

3

Abstract “Family regulation is an area of the regulation that deals with family associated troubles and domestic family members inclusive of, but now not restricted to: the character of marriage, civil unions and home partnership troubles springing up at some point of marriage, (along with spouse abuse, legitimacy, adoption, surrogacy, child abuse, and toddler abduction), the termination of the relationship, and ancillary matters (such as divorce, annulment, assets settlements, alimony, and parental responsibility orders). family regulation is the broad term. The scope of own family regulation is subjective in nature. There are distinct branches of own family law. The maximum critical element below own family regulation is the Hindu Succession Act 1956. In this newsletter, I particularly cantered on legal guidelines associated with disqualification beneath the Hindu Succession Act 1956, and what antique Hindu law and modern Hindu laws say about disqualification this. There are sure legal guidelines related to disqualification law, like certain widows remarrying won't inherit as widows, assassin disqualified, converts decedents disqualified, succession while heir disqualified. there may be one exception to disqualification in which man or woman shall no longer be disqualified ailment, defect, and so on. - not to disqualify. this article i have mentioned scope, applicability of all of the section related to disqualification to succession. I went through numerous case laws, legislative acts which helped me in the course of. After crowning glory of my research work i've given some tips for disqualification to succession, like step mother must be disqualified below section 24 of Hindu Succession Act,1956. Unsuccessful try to homicide need to additionally be protected within the ambit of S.25. Unchastity of a widow have to also be a ground of disqualification. Offenses like rape and torture ought to also be a floor for disqualification. by means of this i've concluded my studies work. in this studies work i've attempted to fulfil all of the loopholes of disqualification to succession.” “Own family law is the vast time period. The scope of own family regulation is subjective in nature. There are one-of-a-kind branches of circle of relative’s regulation. The most important part under family regulation is the Hindu Succession Act 1956. In this text, I particularly targeted on laws associated with disqualification underneath the Hindu Succession Act 1956, and what old Hindu law and contemporary Hindu legal guidelines say approximately disqualification this. There are sure laws associated with disqualification regulation, like positive widows remarrying may not inherit as widows, murderer disqualified, converts decedents disqualified, succession while inheritor disqualified. there may be one exception to disqualification wherein character shall no longer be disqualified 4

sickness, illness, etc. - not to disqualify. this article i have mentioned scope, applicability of all the segment associated with disqualification to succession. I went via diverse case legal guidelines, legislative acts which helped me for the duration of. After crowning glory of my studies work I have given a few tips for disqualification to succession, like step mother ought to be disqualified underneath segment 24 of Hindu Succession Act,1956. Unsuccessful try and murder need to also be protected in the ambit of S.25. Unchastity of a widow need to additionally be a floor of disqualification. Offenses like rape and torture should additionally be a floor for disqualification. with the aid of this i've concluded my research paintings. in this studies painting I have tried to satisfy all the loopholes of disqualification to succession.” Synopsis Introduction: circle of relatives law is the vast term. The extension of family law is subjective. There are several areas of family regulation. The most crucial a part of family law is the Hindu Succession Act of 1956. In this newsletter, the researcher in particular specializes in legal guidelines associated with disqualification under the Hindu Succession Act of 1956, that is the law historical Hindus and current Hindus say about disqualification. There are certain laws associated with the Disqualifications under this Act, inclusive of the reality that sure widows who remarry, now not widows, disqualified murderers, or the deceased convert may be disqualified, the successor if their inheritance is disqualified. there is an exception to the disqualification in which the character is not disqualified in case of infection, defect and so forth. do not disqualify The researcher went through several jurisdictions, legislative acts, which continually supported the researcher. After final touch of the researcher and work, I made some hints for disqualifying the successor, as the failed try to kill must also be blanketed in the location of p.25. The unreasonableness of a widow must also be a reason for the disqualification, crimes including rape and torture must also be a disqualification motive, as the investigator has finished my research work. on this research, the researcher has attempted to close all gaps in the disqualification to successor. laws are social digesters and are very not often neutral. they have a masculine flavor, mainly with regard to own family legal guidelines. The drafting of laws, the management of legal guidelines or the resolution of disputes arising from the application of legal guidelines is taken into consideration entirely a male bastion and the sensible signs and symptoms that women have left the sympathies of guys for the european are issues of girls , The precept of equality is equated with the &

5

remedy of equality in an inherently dissimilar society. The Hindu Succession Act of 1956 aimed to provide the Hindus with a entire and steady schema for the succession of the gut. since the researcher has tested the & disqualification in this subject matter, the inheritance rights of human beings were now not absolute according to the Hindu law. despite the closeness of the connection, a person can also nonetheless be excluded from inheritance because of their bodily or mental illness or their described behavior. This exclusion from inheritance turned into an inability, no longer best for non secular reasons, to carry out spiritual rites, however changed into dependent on social and moral causes as well as bodily defects. Significance of the Study – The importance of the study or the assignment is that it permits us to know the that means, scope and objectives of Disqualifications beneath the Hindi Succession Act. Scope of the study The scope of the study is limited to the below stated: The exclusions in Hindu law are given according to the Hindu Succession Act of 1956. Basically, sections 24 to 28 of the Act treat the exclusions of succession. Under this Act, the disqualifications are divided into three types :

Re-marriage of widow (Section 24)



A murderer (Section 25)



Conversion of other religion (Section 26)

Objective of the study – “The aim and objective of the project on the topic Disqualifications of succession under Hindu succession act, 1956 is to know more about disqualifications under the act.” Research Methodology – The research is being done in doctrinal method. In this type of study the researcher need not do any field work. It can be done be referring various books, journals and articles. It is also called as theoretical way of study.

6

Research questions – What are the grounds for disqualification under Hindu Succession Act? What are the consequences of disqualifications under the succession Act? Literature Review For gathering information regarding the project, various books on Family Law such as GCV Subba Rao, book of cases and materials on family law have been referred and browsed through internet.

7

Introduction: “The widows disqualified under this segment are simplest the widow of a predeceased son of the deceased or, widow of a predeceased son of a pre-deceased son of the deceased or the widow of a brother of the deceased. furthermore, the words ‘as such widow’ as cited inside the segment shows that the disqualification is simplest applicable inside the case while the inheritor is a widow and seeks to claim succession on the floor of her being a widow below any of the three classes referred to in segment 24 and not in which the same heir claims to be triumphant on the ground of their being another relation with the intestate. the types of widow said above inherit concurrently with different heirs mention in magnificence I of the agenda. The regulations relating to widow’s proper of succession follow mutatis mutandis to the widow of a pre-deceased son. however, in advance she become now not entitled to be triumphant if at the date succession of the intestate opens, she has remarried. Own family regulation is an area of the regulation that deals with own family associated issues and domestic members of the family along with, but no longer confined to: the character of marriage, civil unions and home partnership problems arising for the duration of marriage, (including partner abuse, legitimacy, adoption, surrogacy, toddler abuse, and toddler abduction), the termination of the connection, and ancillary subjects (including divorce, annulment, belongings settlements, alimony, and parental responsibility orders). own family regulation is the broad term. The scope of own family law is subjective in nature. There are one-of-a-kind branches of circle of relative’s law. The most critical element underneath circle of relative’s regulation is the Hindu Succession Act 1956. In this article, I especially focused on legal guidelines associated with disqualification underneath the Hindu Succession Act 1956, and what vintage Hindu regulation and modern-day Hindu laws say approximately disqualification this. There are positive legal guidelines related to disqualification regulation, like positive widows remarrying might not inherit as widows, murderer disqualified, converts decedents disqualified, succession while inheritor disqualified. there may be one exception to disqualification wherein individual shall no longer be disqualified - ailment, defect, etc. - not to disqualify. this article i've discussed scope, applicability of all the segment related to disqualification to succession. I went via diverse case laws, legislative acts which helped me at some point of. After of completion of my research paintings i have given some tips for disqualification to succession, like step

8

mother must be disqualified underneath segment 24 of Hindu Succession Act,1956. Unsuccessful try to homicide must also be blanketed inside the ambit of S.25. Unchastity of a widow need to additionally be a ground of disqualification. Offenses like rape and torture have to additionally be a floor for disqualification. by using this i have concluded my studies work. in this research work i've tried to meet all of the loopholes of disqualification to succession.” Historical background: “In light of this, it is vital to first word the view our Dharmasastras ascribe to in cases of widows. The Baud prescribes that the widow of the deceased should give up for one year honey, meat, wine and salt and need to sleep on the floor; in line with Maudgalya (she need to so act) for six months. The Skandapurana prices, “The widow is greater inauspicious than all other auspicious things; on the sight of a widow no achievement may be had in any project; excepting one’s (widowed) mom all moms are void of auspiciousness; a smart guy must keep away from even her advantages just like the poison of a snake.” “The position of the Hindu widow changed into depressing and her lot became most unenviable. She became looked upon as inauspicious and so couldn't take part in any festivities, including those on marriage. She needed to result in lead a lifestyle of best celibacy. matters were no different in cases of baby widow, she had to act like an ascetic being poorly fed (handiest as soon as a day) and poorly clad. Her rights to property had been negligible and a ways from humans’ idea and attention. however, later on her function as inheritor became advanced; but even then, she could generally experience only the profits of the property and will switch it most effective within the instances of a criminal necessity of the own family or for the non - secular gain of her husband.” “This became the law in British India until very these days. these days the placement of the widow of a member inside the Hindu joint own family and of the widow of a person who leaves separate assets has been advanced via Act XVIII of 1937 as amended by Act XI of 1938.” "The word punarbhu is commonly implemented to a widow who has remarried. Narada says there are seven types of wives who've been previously married to another guy, among them, punarbhu is of 3 sorts:”

9

“(1) a maiden whose hand changed into taken in marriage however whose marriage was not consummated” “(2) a woman who first deserts the husband of her adolescents, betakes herself to some other guy and then returns to the house of her husband” “(3) a female is given via the husband’s spouse and children (while the husband dies) to a sapinda of the deceased husband or someone of the same caste, on failure of brothers-in-law.” “In modern times, the Hindu Widow’s Remarriage Act (XV of 1856) have been handed especially via the efforts of Pandit Ishwar Chandra Vidyasagar. The Act legalized the marriages of widows however any custom or interpretation of the Hindu law to the opposite and also declared the kids of such marriages as legitimate.” “Some other essential query is regarding the impact of non-chastity at the proper to preservation. As regards the wife’s proper to maintenance and the effect of non-chastity thereon in the course of the husband’s lifetime, Manu says that a spouse guilty of adultery have to be constrained with the aid of the husband within the same house and need to be made to go through the same penance as a man responsible of adultery has to go through; Yaj also says that a spouse responsible of adultery have to be disadvantaged of her popularity as a spouse as to wealth and religious observations, have to take delivery of bare protection and have to be constrained to part of the residence. Non-chastity on part of Hindu widow disentitles her to preservation beneath a few situations.” “In advance a widow’s right to renovation changed into completely based on her chastity. within the case of Bhikubai v. Hariba, the court docket after an intricate exam of ancient and medieval authorities and decided instances held a widow who have been unchaste, however who has proved to have given up the existence of non-chastity is entitled to bare renovation.” “In the case of Lakhminchand v. Anandi1, the Privy Council made a wellknown statement, “it is authentic that the proper of a Hindu widow to upkeep is conditional upon her leading a life of chastity and that she loses that proper if she will become non-chaste.” moreover, inside the case of Kisanji v. Lakshmi2 it become held that next non-chastity disentitled a widow from convalescing maintenance even concept it became claimable under an settlement made with the deceased husband’s father and brother.”

1 2

61 I. A. 250 33 Bom. L. R. 510

10

“Then the Hindu Widow Remarriage Act became passed. section 2 and three first off, gave legitimacy to a 2d marriage and secondly, pointed out inheriting the assets of the deceased husband after remarriage.” “Under the vintage Hindu law, positive girl heirs if they had remarried earlier than succession opens had been disqualified from inheriting the property of the deceased intestate Hindu. underneath the Hindu Widow Remarriage Act, 1856, if a Hindu Widow remarried, she was divested of the belongings of her husband which had vested in her as his heir.” The Hindu Succession Act, 1956 The Hindu Succession Act 1956 popularly known as Act 30 of 1956 become surpassed through both the homes of parliament and through the years various states amended the Act, endeavouring to provide an equal status to all girls inside the joint own family assets. The Act does no longer comply with the antique text of disqualifications of heirs and feature given upward thrust to new disqualifications which observed its way in the act below section 24 (Disqualification bobbing up from remarriage), segment 25(Disqualification springing up because of commission of a murder) and section 26 (Disqualification bobbing up from homicide). The old grounds for disqualification covered bodily, ethical, mental and non secular motives which have been discarded via the act in pressure. inside the case of Khagendra Nath Ghosh v. Karunadhar, the Calcutta high court docket turned into confronted with a question of whether or not an unchaste petitioner may want to keep the assets of her husband. The court held that the act provides that non-chastity became now not bar to succeed to husband’s assets and it therefore laid down that barring Sections 24 to 26, there is no other provision under the Act which offers for disqualifications of heirs to prevail. Any of these sections do not disqualify a female heir merely on the ground of her non-chastity or for main an immoral lifestyles. hence the non-chastity of a wife isn't enough to exclude her from claiming inheritance in her deceased husband’s assets and neither may want to she be divested of the assets which she had once inherited at the floor that she has turn out to be unchaste. “Below the vintage Hindu law, bodily incapacity and mental incapacity have been grounds of exclusion from inheritance. The Hindu Inheritance (removal of Disabilities) Act, 1928 eliminated all disqualifications besides lunacy or idiocy. moreover, section 28 of the Hindu Succession Act, 1956 declared that any defect, ailment, deformity and many others. shall not

11

be grounds of exclusion from inheritance. And in addition mentions that the best grounds for disqualifications are the ones cited in section 24 to 26. section 28 reads out as follows:” “No person shall be disqualified from succeeding to any property on the ground of any disease, defect or deformity or save as provided in this act, on any other ground whatsoever. Disqualifications under the statute Laws are social digesters and infrequently are they neutral. they've Masculine flavor especially almost about circle of relatives legal guidelines. Making of laws, administering the legal guidelines or decision of disputes springing up out of operation of legal guidelines are definitely considered of male bastion and reasonable alerts, if any, in the direction of ladies got here out of fellows’s sympathies for ladies’s problems. The precept of equality is equated with “sameness treatment” in an inherently unequal society. The Hindu succession act 1956 got here with the objective of supplying a comprehensive and uniform scheme of intestate succession for Hindus. because the researcher has researched at the “Disqualification” underneath this topic, in line with Hindu regulation, the inheritance rights of individual were now not absolute. in spite of the nearness of relationship, a person may want to nonetheless be disqualified from inheriting property due to his positive physical or mental illness, or a definite behavior .this exclusion from inheritance was no longer simply on non secular grounds , an inability to perform spiritual rites, however depended upon social and ethical grounds and bodily defects as properly. Consequence of disqualification “Under this section a disqualified heir is deemed to have died earlier than the intestate, it follows that no man or woman can claim the right of inheritance to the assets of the intestate thru her or him. The word ‘before’ used in the segment makes it abundantly clean that the assets does now not vest inside the disqualified heir, and if it does now not vest in him, he can't be the medium of passing assets to others. In different, words a disqualified heir can't be a fresh inventory of descent and someone claiming thru the disqualified inheritor can not be triumphant. However, it makes no difference to the utility of the rule of thumb whether the convert ceased to be a Hindu earlier than or after the commencement of this Act. Consequences and causes of its Deletion: After the pointers of the regulation price file and lots debate in passing the law, segment 24 changed into in the end ignored from the statute e-book in the 2005 change. The amendment 12

added approximately plenty of modifications which made way for ladies empowerment. Widows can now inherit without there being any disqualification. The change is applauded as a step closer to gender equality. within the Indian context, the widow, after the loss of life of the husband is in a tough function as in majority of the times, husband is the bread winner of the circle of relatives. even though the area is converting and the women are progressing and status on their personal ft, there can be although a protracted way to visit acquire complete gender equality. The deletion of this segment from the statute gives a consolation to a number of the widows to increase their livelihood options and contend with themselves after the loss of life in their husbands. Studies and survey factors out that the maltreatment and bodily violence and so on. meted out in the direction of girls are comparatively lots less in houses wherein women own sure assets that the ones with none property. One things ensured by this deletion is that the widows who've been earlier disqualified can now input into a few other marriage with a revel in of certain protection and can be impartial, some thing that the ladies always require in this context. The 2005 modification can regarded as a tool for doing away with or as a minimum reducing down the gender inequality conventional in our society, laws and minds. Searching at this alteration from a very socio-criminal assessment, it can be stated that earlier in advance than this change came to region, the widow modified into not dealt with as a family member and frequently unwell-dealt with which will get her out of the family. It become regularly believed that she turned into not want any greater after the demise of her husband and pretty often changed into blamed for the purpose of his demise and being unlucky and inauspicious. This left her without a choice however to remarry and be depending on a person else. This meant losing her proper to inherit her deceased husband’s belongings through manner of intestate succession. Deletion of section 24 qualifies widow to say assets which in impact has stepped forward her repute in the Hindu society as she now has a status of her very own, a few element she can be capable of rely on even after her remarriage or after being abandoned by means of the husband’s own family. Such problems had been located an quit to. however, each different hassle that stays a status hassle for nearly each law governing and protective women and her rights is the implementation of such rights. The want of the hour is the unfold attention about the lifestyles of such rights that the widow holds. simplest that in actual experience can effectively motive empowerment of women in

13

their number one rights. There want to be many steps taken to fulfil the promise of the regulation. Inside the case of Cherotte Sugathan v. Cherotte Bharathi & Ors 3, brilliant courtroom has ruled that a widow, even after her remarriage, is legally entitled to get a share of her first husband’s inherited assets. This reiteration of the crook provision got here from a Bench comprising Justices S B Sinha and V S Sirpurkar whilst it disregarded a petition via the use of one C Sugathan’s heirs, who had challenged a Kerala high court docket judgment allowing inheritance rights to their paternal uncle’s widow even after her remarriage. The belongings in query belonged to at least one Pervakutty, who willed it in favour of his sons – Sugathan, Surendran and Sukumaran. Sukumaran, who died in 1976, changed into married to Bharathi. Bharathi married one Sudhakaran, who moreover died in 1979. but, even as the query of sharing the belongings inherited from Pervakutty arose among his heirs, none had been prepared to present any percentage to Bharathi on the floor that she had remarried after Sukumaran’s demise. The HC held that within the records of the case, coupled with the provisions of the Hindu Succession Act, Bharathi turned into entitled to her share in the property. The apex courtroom, rejecting the enchantment in opposition to the HC judgment, stated, “The succession law delivered approximately a sea trade in Shastric Hindu law. Hindu widows had been introduced on equal footing in matters of inheritance and succession at the side of the male heirs.” Causes “It's miles noteworthy to mark that the disqualification stated in section 24 of the Act is best restricted to 3 categories of widows. Re-marriage isn't always a disqualification in case of every woman relative of the intestate. Out of the required categories who are difficulty to disqualification below the section, the first two are magnificence-I heirs while the third one, widow of a pre-deceased brother is an agnate. And the disqualification is most effective operative when she inherits in the capacity of a widow. It therefore seems that those three classes of widows are most effective disqualified due to the fact they declare to succeed most effective through their deceased husbands and not in some other capability or independently. The section does no longer observe to some other widow who as such widow will be the inheritor of the deceased but who has remarried before the succession opens for example the daddy’s widow.” 3

Appeal (civil) 1323 of 2008

14

“As a result because of this if the deceased father had another spouse aside from the mother of the deceased, i.e. a step mom, she will be an heir to the step son’s belongings even though she has remarried after the loss of life of such father. Her proper will no longer forfeit merely by the distinctive feature of her remarriage.” “Mother entitled to inherit property of her son despite her remarriage.” “The disqualification of the three classes of widows is not applicable to the mother to inherit the belongings of her son, in spite of her remarriage. it's miles essential to differentiate that the mother of the intestate son does not inherit because the widow of his father, however in her personal right as mother. inside the case of Mantorabai v. Paretanbhai 4, the Madhya Pradesh high court docket turned into of the opinion that it changed into critical to notice that the mother of the intestate does no longer be successful because the widow of the daddy, however in her very own proper and that being the location, and mom being a category I inheritor, she is entitled to succeed to the assets of her son even if she has remarried earlier than the son died.” “It need to also be stated that a mom is an heir to the son even if her husband i.e. the intestate’s father is alive and excludes him. moreover, step-mother is likewise not disqualified if she had remarried earlier than the succession opened. The omission in her case is deliberate, as underneath the authentic bill, this disqualification was proposed to be relevant to her as nicely however was submitted that she inherits as step-mom and because of that reason her remarriage does now not disqualify her from inheritance.” “Inside the case of Smt. Kasturi Devi v. Dy. Director of Consolidation 5, the ideally suited court held that a mother cannot be divested of her interest in the assets entirely at the ground of her remarriage. the availability that lays down disqualification of a widowed daughter-inlaw to be triumphant is based on a sacred and non secular dating of the spouse together with her husband. but, the mother is in a totally one of a kind role.” “In the case of Cherotte Sugathan and others v. Cherotte Bharathi 6 and others, the supreme court docket upheld that a widow inheriting the belongings of her deceased husband have become an absolute owner of the assets and sooner or later her remarriage can not divest her of the assets. This choice was given inside the view that section 24 of the Hindu Succession AIR 1972 MP 145 1976 AIR 2595 1977 SCR (2) 25 6 Appeal (civil) 1323 of 2008 4 5

15

Act overrides the supply of Hindu Widow Remarriage Act, 1856. The disqualification said in section 24 is restricted to the case of 3 female heirs. Any heir who's associated with the intestate as the widow of the predeceased son, the widow of a predeceased son of a predeceased son, or the widow of the brother shall now not be entitled to inherit to the property of the intestate as such widow, if at the date the succession opens, she has remarried.” “Inside the case of Gurdit Singh and Anr vs Darshan Singh and Anr 7, Smt. Puro, widow of Makhan Singh owned a percentage inside the land which she at the same time owned with the plaintiff appellants, the father’s brothers of her deceased husband, Makhan Sigh. She offered her share of the land to someone. The appellants filed a pre-emption suit claiming a proper on the land on account that first of all, they have been the collaterals of the ultimate male holder of the belongings and secondly in the ability of co-sharers in the maintaining from which the respondent had sold her percentage of the land. the problem within the case became whether or not in recognize of the opposite 1/2 of the percentage, Smt. Puro might be defined to have succeeded through her husband, son, father or the brother. The appellants argued that she had succeeded via her husband in mild of clause b of section 15(2) of the act. with reference to the second half of the property, the mother of the deceased changed into entitled to proportion similarly with the deceased’s widow. at the time of the loss of life of the intestate, Makhan Singh, his heirs consistent with the agenda had been his widow and his mom. The truth that his mother had remarried years before the demise of Makhan Singh did not damage their mom-son relationship and further would now not affect the succession. there was no question of the mom of the deceased dropping the proper to succeed to the half of proportion in the land in her son’s assets according with the provisions of the Hindu Succession Act notwithstanding her remarriage with any other man years earlier than the dying of her son, Makhan Singh. The appeal become accordingly generic and the suit filed with the aid of the plaintiff-appellants changed into decreed in recognize of the half percentage of the land sold by means of Smt. Puro the widow of the deceased intestate.” Laws of Disqualification: “Disqualifications of succession in Hindu regulation are given beneath Hindu Succession Act, 1956. basically, S. 24 to S. 28 deals with the disqualifications of succession. beneath this Act the disqualifications are divided in three types”dis 7

AIR 1973 PH 362

16

1. Widows re-marriage (S - 24) 2. A murder (S – 25) 3. Conversion of other religion (S – 26) 1. Widows re-marriage: “Any heir who is related to an intestate as the widow of a predeceased son, the widow of a predeceased son of a predeceased son or the widow of a brother shall not be entitled to succeed to the property of the intestate as such widow, if on the sate the succession opens, she has remarried.” 1. i. purpose of the section “Inside the items and reasons appended to Hindu Succession bill thirteen of 1954(S. 28 of those invoice corresponds to S.24 of the said Act) it became said” “the principle underlying this clause is that the widow is the surviving 1/2 of her husband, and consequently, while she remarries, she ceases to continue to be such (section 2 of the Hindu Widow Remarriage Act, 1856), on this foundation divested the inheritance already vested in the widow on her remarriage. as the law stands, remarriage disables a widow of a got raja sarinda from succeeding to the belongings of a male Hindu when at the date succession opens, she has ceased to be the widow of a got raja sarinda through motive of remarriage.” 1. ii. Applicability of the section “The segment applies most effective to intestate succession. The testamentary succession is away from the capability of this section, due to the fact that a testator has energy to put down in his will any conditions on which a beneficiary will take the inheritance. The section applies most effective to class I and sophistication II heirs of a Hindu male. it's miles submitted that the query of its software in other cases does not arise, as cognates and agnates are all blood family members. In truth, even among elegance I and class II heir’s simplest 5 heirs are relations by means of affinity. those are:” (1) intestate’s own widow, (2) son’s widow (3) son’s son’s widow (4) father’s widow 17

(5) brother’s widow. the first three are in class I and last are in magnificence II, category (6) “Of those the question of intestate’s widow’s remarriage earlier than succession opens does not rise up and its cause is already been defined above. best father’s widow is permitted to inherit despite the fact that she had married. the alternative three widows are disqualified below this section.” 2. Conversion of other religion “Where, before or after the commencement of this Act, a Hindu has ceased or ceases to be a Hindu by means of conversion to any other faith, children born to her or him after such conversion and their descendants shall be disqualified from inheriting the belongings of any in their Hindu family, unless such kids or descendants are Hindus at the time when the succession opens.” 3) i. Scope of the section: “Under the old Hindu regulation conversion by a Hindu to some other religion changed into a disqualification which turned into removed by means of the Caste disabilities elimination Act, 1850. Even beneath this Act, while a Hindu will become a convert to any other religion he maintains to have a proper to inherit from his Hindu relative however descendants of a convert are disqualified from inheriting the intestate. it's miles laid down under this segment that in which a Hindu ceased to be a Hindu with the aid of converting to any religion whether before or after the graduation of this Act, the children born to him or her after such conversion and their descendants will be disqualified from inheriting the belongings of any in their Hindu household unless children or descendants are Hindus whilst the succession opens.” 3) ii. Applicability “This section has no utility to testamentary succession in which the terms of the testament govern the rules of succession but it is simplest applicable to intestate succession. 3) A Murderer: “A person who commits murder or abets the commission of murder shall be disqualified from inheriting the property of the person murdered, or any other property in furtherance of the succession to which he or she committed or abetted the commission of the murder.” 3) i. Purpose of the section: 18

“The doctrinaire principle that provisions of a statute of distribution are paramount and forbid the consideration of any disqualification not contained within the statute itself changed into discountenanced by the Judicial Committee of the Privy Council. The section has the effect of mendacity down that a person who commits murder or abets the fee of murder is disqualified from inheriting” (1) The property of the person murdered, or (2) some other belongings he may emerge as entitled to be triumphant with the aid of cause Of furtherance of succession attributable to the homicide. “It isn't always obligatory for the appliance of this segment that the character Disqualified need to were convicted of homicide or abetment of homicide. The disqualification will apply if it's miles installed in any following intending that the man or woman to be disqualified had dedicated or abetted the murder. It stands that someone Prosecuted for homicide but acquitted of the price would not be disqualified. consequently, if the case turned into one in all suicide and there was no case of abatement, such a person might no longer be disqualified.” 3. ii. Application of the section: “The segment applies to each testamentary and intestate succession. the segment really applies in the cases where the property is to be inherited as according to the Act but it also applies wherein the testator has left behind the will. The precept of this section applies also to testamentary succession.” Widow of the deceased himself: “This section would not be applicable to her as in her case the query of her remarriage before or after the succession does not get up in any respect. That is due to the fact she right away, upon the death of the husband, succeeds as his heir and receives a vested right in his belongings. once she has a vested right, she can't be divested of it even if she finally” remarries. segment 15 of the Hindu Succession Act offers her with absolute possession of the belongings inherited through her. Inside the case of Bhuri Bai v. Champi Bai 8, the deceased, Kachru Brahmin died intestate inside the 12 months 1950 leaving behind houses which additionally included agricultural lands. Champi Bai, widow of the deceased succeeded to his belongings. The Hindu Succession Act, 1856 came into force later within the month of June. The court docket said that, “This act, it can be cited, stepped forward the circumstance of the 8

AIR 1968 Raj 139

19

Hindu widow and converted the confined belongings into an absolute belongings thru the distinct function of section 15 of the act. Champi Bai later remarried one Nathu Ram. After the remarriage, she made a gift of the belongings she had inherited from her deceased husband in the favour of her new husband, Nathu Ram. This modified into challenged through the aunt and sister of the deceased Kachru Brahmin, the proprietor of the assets from whom Champi Bai inherited the assets after his loss of life. A match changed into instituted closer to every, Champi Bai and Nathu Ram for a declaration to the impact that they may be no longer the real proprietors of the assets of the deceased and the existing deed suffering from Champi Bai is vain and consequently, void. in addition they demanded decrease back the ownership of the assets. They argued that Champi Bai had misplaced all her rights to the property after her remarriage with Nathu Ram and the in impact the property would possibly now devolve upon the plaintiffs who're the following heirs of the deceased. It became contended thru the defendants that the defendant, Champi Bai changed into really the owner of the assets of her deceased husband. moreover, it have become argued with the aid of way of the defendants that once the passing of the Hindu Succession Act, the widows’ confined assets were abolished making the widow absolute proprietor of the property devolved upon her with the proper to alienate the property in any way she wished. in the light of the above, the attraction stood brushed off retaining that any of the three widows will no longer be deprived of her belongings which she inherits independently and not because the widow of her husband. The fact that she remarries earlier than the succession opens will haven't any impact through any approach. as quickly because the belongings is divested in her as an heir of the deceased, there can not be any divesting in any subsequent occasion. This segment could not be applicable to her as in her case the question of her remarriage in advance than or after the succession does not stand up in any respect. this is due to the reality she at once, upon the loss of lifestyles of the husband, succeeds as his heir and gets a vested proper in his belongings. as soon as she has a vested right, she can not be divested of it even though she in the end remarries. section 15 of the Hindu Succession Act presents her with absolute ownership of the property inherited thru her.in the case of Bhuri Bai v. Champi Bai, the deceased, Kachru Brahmin died intestate within the year 1950 leaving behind homes which additionally blanketed agricultural lands. Champi Bai, widow of the deceased succeeded to his assets. The Hindu Succession Act, 1856 came into pressure later in the month of June. The courtroom stated that, “This act, it can be noted, stepped forward the situation of the Hindu widow and transformed the constrained property into an absolute 20

property by the virtue of section 15 of the act. Champi Bai later remarried one Nathu Ram. After the remarriage, she made a present of the assets she had inherited from her deceased husband inside the favour of her new husband, Nathu Ram. This turn out to be challenged with the aid of the aunt and sister of the deceased Kachru Brahmin, the owner of the belongings from whom Champi Bai inherited the assets after his death. A healthy have become instituted towards both, Champi Bai and Nathu Ram for a statement to the impact that they are not the actual owners of the property of the deceased and the present deed stricken by Champi Bai is vain and therefore, void. further they demanded lower again the possession of the assets. They argued that Champi Bai had lost all her rights to the belongings after her remarriage with Nathu Ram and the in effect the property could now devolve upon the plaintiffs who are the subsequent heirs of the deceased. It grow to be contended via the usage of the defendants that the defendant, Champi Bai have become the absolute owner of the assets of her deceased husband. moreover, it become argued by using way of the defendants that when the passing of the Hindu Succession Act, the widows’ restricted belongings had been abolished making the widow absolute proprietor of the property devolved upon her with the proper to alienate the belongings in any manner she wanted. in the light of the above, the attraction stood omitted retaining that any of the 3 widows will no longer be deprived of her belongings which she inherits independently and now not due to the fact the widow of her husband. The fact that she remarries earlier than the succession opens will haven't any impact in anyway. once the property is divested in her as an heir of the deceased, there can't be any divesting in any next event. Consequently, in this section or under every other provision of the Act, no widow is divested of the state already vested in her because of her being the heir of the intestate if she marries subsequent to the date of the opening of the succession. Law commission report: An initiative changed into taken through manner of the law fee of India underneath the chairmanship of Justice B.P.Jeevan Reddy in its 174th report on “property Rights of ladies: Proposed Reforms underneath Hindu law” to decorate the vicinity of Hindu ladies. some crucial guidelines were made in terms of belongings rights which demanded an identical treatment of ladies the social and monetary tool. The recommendations are pondered in the alternate Act of 2005 with the trade of section 6 and omission of Sections 4(2), 23 and 24 from the particular Hindu Succession Act of 1856 which perpetuated gender bias and

21

inequality. This became completed because of the reality the law price felt a want for special safety to widow’s proper to live in a living house therefore it's far endorsed that the own family living house have to no longer be alienated with out the widow’s consent or without imparting her an opportunity lodging as quickly as she has agreed to the sale of the residing residence. preserving this in mind, section 24 grow to be repealed from the act. The committee changed into of the view that this provision of the act discriminates between a Hindu male and a Hindu girl. to quote from the lawsuits of the assembly: “…the proper of a widow who remarries is denied, whilst, the proper of a widower who remarries is blanketed. we're creating a distinction among a widower who remarries and his proper isn't always affected. but, the widow who remarries is denied the right.” in the present day instances in which all debates are across the subject matter of retaining gender equality and making the criminal recommendations of the land gender impartial, this type of provision modified into visible to be elaborate. The deleted section 24 most effective disqualifies 3 classes of widows from inheriting the intestate, if on such date at the same time as the succession opens, they've remarried. The three widows disqualified under this provision are: 1. the widow of a pre-deceased son. 2. the widow of a pre-deceased son of a pre-deceased son, and 3. the widow of a brother The primary and the second one instructions of widows as above are magnificence I heirs and the widow of a brother is a class II heir falling in get admission to VI of class II. No different woman is disqualified from inheritance despite the fact that she had remarried earlier than the intestate died. as a result, father’s widow i.e. widowed step mom who is an heir underneath the elegance IV of the elegance I heirs is not disqualified from inheriting the belongings despite the fact that she had remarried earlier than the succession opened. furthermore, one’s very own widow can even no longer be divested of the belongings already vested in her, despite the fact that she remarries. but, a totally timeworn preference changed into given by way of the Guwahati immoderate court docket within the case of Lal Ram Chhane v. Lathachungi. In this situation the court held that the wife of a deceased (i.e. a widow), because of the truth loses her chastity by using the usage of a 2nd marriage after the demise of her husband is not entitled to a percentage in his residences. this selection has been 22

criticized via the use of masses of students for having no base in law. but, segment 24 does no longer include the widow of the intestate and the omission seems to be due to the truth that it is not feasible to conceive of someone leaving a widow who had remarried. The most crucial aspect to be considered is that the right of a widow who remarries is denied while the proper of a widower is protected however his choice to remarry. The social, monetary and political factors have changed and the debates of ladies empowerment and gender equality are being taken into consideration. The vintage mind-set toward girls is changing notably. no matter the fact that there are girls who're more and more being unbiased, incomes and obtaining homes in their personal however though I is essential for the regulation to envisage the magnificence of girls as an entire. There are nevertheless a majority of girls who are truly dependent on their husband. In such cases, this sort of provision is largely required. The segment, pretty glaringly, makes a difference among a widower who remarries and a widow who remarries. In a time in which the law is progressing within the route of encouraging gender equality, the kind of difference holds no location. moreover, some other difference is made on this section via differentiating all widows rom the varieties of widows positive beneath the section. inside the mild of the above cited factors, the validity of the section became analysed and examined through way of the authorities and changed into ultimately overlooked via the 2005 exchange thereby laying recognition on gender equality and making the legal tips of the land gender impartial.

23

Conclusion: “The placement of a Hindu female in appreciate of her proprietary rights has witnessed exceptional alternate from the historical times to the amended Hindu Succession Act. The laws have long past a long manner in ensuring and supplying rights to women. the journey from exclusion to reputation of Hindu widows within the organization of own family has been terrific, but non-inclusion of sure classes of Hindu widows become irrational and unjustified, for all girls are equally entitled to economic and social justice which the charter of India broadcasts. This distinction has now been removed.”” “The progress made by the law and society has been applaud able however another main issue is that the Hindu women must be made aware through legal literacy campaigns and social awareness programmes about their property rights, so that they may fight for what is rightfully theirs, by virtue of being born as human beings. Concerted efforts on the part of the government, nongovernmental organizations, public and women should be taken up to bring about attitudinal change in the mind set for promoting equal rights based on humanity for achieving gender equality.” “The principle of equality is equated with “sameness treatment” in an basically unequal society. According to my view the following should be included inside the disqualification of succession there's no doubt that these sections enacted via the legislatures are properly based and it has performed a extraordinary activity in presenting few unique grounds of disqualifications.” “The Hindu Succession (Amendment) Bill, 2005 incorporated a substantial number of amendments recommended by the Parliamentary Standing Committee which the Rajya Sabha unanimously adopted. The proposed Bill is a step towards attaining gender equality and abolition of the patrilineal system of inheritance prevailing among Hindus. Section 24 which 24

was subjected to a lot baseless differentiation among the Hindu widows has now been removed. In today’s time where the notions of gender equality is given utmost importance, maintaining such provisions hold no justification.” Bibliography: 

Family Law in India, G. C. V. Subba Rao



Family Law II, Kusum

25