INHERITANCE OF PROPERTY - AN OVERVIEW UNDER HINDU LAW

Haardik J Rathore, School of Law, Christ (Deemed to be University)


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Abstract


The purpose of this research is to thoroughly analyse the concept of ‘Inheritance of property’ under Hindu Law. The research is conducted to have a broader perspective on the Succession Rights of property under the Hindu Law. The study delves into the evolution of the succession of property rights under the Traditional Hindu Law. The study also focuses at comparative analysis of Change in the Succession Rights of Women under the Hindu Succession (Amendment) Act, 2005. The research also looks into the 174th Law Commission Report which proposes reforms under the Hindu law, states that discrimination against women is particularly in relation to laws governing the inheritance/succession of property amongst the members of Joint Hindu Family and 204th Law Commission Report which proposes to amend the Hindu Succession Act, 1956 as amended by Hindu Succession Act of 2005. The study uses the doctrinal method of research where the data and information is been referred from various books, law journals, statutes etc. The results of this study shows how over the years the concept of inheritance under Hindu Law has evolved and far it has been beneficial towards the society in rendering justice to the aggrieved sections of the society. The study also shows how the Courts in India have interpreted the concept of inheritance under the Hindu Succession Act, 1956 and the Hindu Succession (Amendment) Act, 2005. Thus, it shows how the Hindu Succession (Amendment) Act, 2005 has been judicious in empowering the rights of women with regard to property inheritance, also it is required that the legislators come up with other legislations to bring transparency and clarity to preserve the rights of women in a male dominated society.


Keywords: Inheritance, succession, Hindu, women, property, society


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