Escolar Documentos
Profissional Documentos
Cultura Documentos
PROJECT
IMPACT OF NATURAL LAW ON THE
CONSTITUTION OF INDIA
ACKNOWLEDGEMENT
Gaurav Gandas
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INDEX
1.) INTRODUCTION:
OLD HINDU LAW
MODERN HINDU LAW
2.) LAWS OF DISQUALIFICATION:
SECTION 24:
PURPOSE OF THE SECTION
AMBIT OF THE SECTION
APPLICABILITY OF THE SECTION
REASON OF THE OMISSION
SECTION 25:
PURPOSE
APPLICATION
SECTION 26:
SCOPE
CEASING TO BE A HINDU
APPLICABILITY
POSPECTIVE OR RETROSPECTIVE
SECTION 27:
AMBIT OF THE SECTION
CONSEQUENCE OF DISQUALIFICATION
SECTION 28:
APPLICABILITY
3.) CONCLUSION
4.) REFERENCE
Introduction
Laws are social digester's and seldom are they neutral. They have Masculine flavor
especially with reference to family laws. Making of laws, administering the laws or
resolution of disputes arising out of implementation of laws are totally considered of
male bastion and equitable gestures, if any, towards women came out of mens
sympathies for womens problems. The principle of equality is equated with
sameness treatment in an inherently unequal society.
The Hindu succession act 1956 came with the objective of providing a
comprehensive and uniform scheme of intestate succession for Hindus.
As I have researched on the Disqualification under this topic, According to Hindu law,
the inheritance rights of person were not absolute. Despite the nearness of relationship,
a person could still be disqualified from inheriting property on account
of his certain physical or mental infirmities, or a specific conduct .this exclusion from
inheritance was not merely on religious grounds , an incapability to perform religious
rites, but depended upon social and moral grounds and bodily defects as well. As heir
under the classical law, could be excluded from inheritance on the following grounds.
1. Mental infirmities
2. Physical defects
3. Diseases
4. Conduct
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LAWS OF DISQUALIFICATIONS
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Under the hold Hindu law, certain familys heirs if they had married before succession
opened were disqualified from inheriting the property of the deceased
intestate. Under the widow remarriage act 1956, if a Hindu widow remarried, she was
divested of the property of her husband which had vested in her as heir.
Under this section only three female heirs are disqualified from inheriting the property of
the intestate if they remarried before his death. These females are:
(i)
Sons widow,
(ii)
Sons sons widow
(iii)
Brothers widow.
No other widow except these three is disqualified from inheritance even if she had
remarried before the intestate died. Even fathers widow including stepmother also is
not disqualified from inheritance even if she remarried before the succession opened.
Also ones own widow will not be divested of the property already vested in her, on her
remarriage. If any of these three widows have remarried before the death of the
intestate they incur disqualification.
In these section intestates widow is also not disqualified because intestates widows remarriage before succession opens does not arise, as even if she had, married a
second time her marriage would be void, and a void marriage is no marriage. In other
words she remains to be a member of the intestates family even is she has married
before intestates death because she is already married and second marriage cannot
subsist and so it is void. Since there is no second marriage she remains to be the
member of the family and hence she is entitled to inherit the property.
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is already been explained above. Only fathers widow is allowed to inherit even if she
had married. The other three widows are disqualified under this section.
Reason for omission of this section:
Section 24 was simply superfluous and redundant. Hence its omission did not create
any significant loss and this section was no longer of any use which finally resulted
into the omission by the Amendment Act of 2005.
The section applies to both intestate and testamentary succession. The section
definitely applies in the cases where the property is to be inherited as per the Act but it
also applies where the testator has left behind the will. The principle of this section
applies also to testamentary succession. The High court of Madras has held in
Sarvanabhaba V. Sellammal that there was no distinction between inheritance and
testamentary succession to the property of the person murdered and the murderer of
the testator is not entitled to the property bequeathed to him under the will. The
following passage from Mantha Ramamurthys, Law of Wills also suggest the same
It is settled law that a murder is not entitled to succeed to the estate of his victim. A
man cannot slay his benefactor and sustain his bounty. It is equally clear that no title to
the estate of the person murdered can be claimed through the murder, that the
murderer cannot be regarded as a fresh stock of descent. A murderer who is guilty of
murdering the testator cannot take any benefit under his will.
The section applies to succession under the Act. It does not apply to
succession under any other enactments or provision governed under any other statute,
for example the U.P Zamindari Abolition and Land Reforms Act.
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cannot succeed. But it makes no difference to the application of the rule whether the
convert ceased to be a Hindu before or after the commencement of this Act.
CONCLUSION
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In the Old Hindu Law the heir was disqualified to succession because of causes like
Mental Infirmities, Physical Defects, Diseases and Conduct which were not absolute.
But after the Hindu Succession Act 1956, the causes of disqualification to succession
were narrowed down to:
1.) Section 24 - Certain widows remarrying may not inherit as widows
2.) Section 25 - In case of murder.
3.) Section 26 - In case of conversion to another religion.
And now the person cant be disqualified from succession because of any Disease or
Physical Defect as the Section 28 of the Hindu Succession Act states that a legal heir
cant be disqualified from succession because of any disease or physical defect.
REFERENCES
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STATUTES REFERRED:
THE HINDU SUCCESSION ACT 1956
BOOKS REFERRED:
MODERN HINDU LAW (2005) BY DR. PARAS DIWAN
SITES REFERED:
www.indiankanoon.com
www.manupatra.com
www.ssrn.com
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