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Consider the following statements regarding the Hindu Succession Act, 1956:
1. It applies to everyone who is not a Muslim, Christian, Parsi, or Jew by religion.
2. Women from Schedule Tribe are excluded to be recognized as legal heirs even after the amendment in 2005. 3
. The law applies to ancestral property and to intestate succession in personal property, where succession happens as per law and as well as through a will.
Which of the statements given above are correct?
1 and 2 only
1 and 3 only
2 and 3 only
1, 2 and 3
Recently, a Member of Parliament in India has urged the government to include women from the Scheduled Tribe community in the inheritance rights provisions of the Hindu Succession Amendment Act, 2005. Currently, Section 2(2) of the Act excludes these women, which results in the denial of their equal rights to inherit their father's or Hindu Undivided Family properties. Hence statement 2 is correct. • The M.P. argues that this exclusion is discriminatory based on gender and against the Indian Constitution's Article 14, which advocates for equality before the law. The Hindu Succession Act, of 1956, only recognized male descendants as legal heirs, but the 2005 amendment granted daughters equal rights to inherit their father's or HUF properties. • The Hindu Succession Act lays down a comprehensive system of laws for cases relating to conditions like intestate (dying without a will), or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs including followers of Brahmo Samaj and Arya Samaj. Hence statement 1 is correct. • However, tribal women were considered excluded from the scope of the Act, as section 2 (2) of the Act states that the provisions will not apply to the Scheduled Tribes unless the central government directs otherwise “by notification”. • The Hindu Succession Act of 2005 brought about significant changes to the Act by giving daughters equal rights to ancestral property, which was previously denied to them. • The amendment also provides for the devolution of a woman's property on her death, in the same way as a man's property devolves, and for the first time recognizes the rights of widows in a deceased husband's property. The amendment has been hailed as a significant step towards gender equality in India and has helped to empower women by giving them greater control over their property and financial assets. The law applies to ancestral property and to intestate succession in personal property, where succession happens as per law and not through a will. In the case of Hindus, the laws relating to the testamentary succession( through a Will) are applicable as per the Indian Succession Act, 1925. Hence statement 3 is not correct. • It's important to note that the 2005 amendment only applies to Hindus, Buddhists, Sikhs, and Jains. Other religions have their own personal laws that govern inheritance rights.
By: Parvesh Mehta ProfileResourcesReport error
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