Hindu Marriage Act

Hindu Marriage Act, 1955
An Act to amend and codify the law relating to

marriage among Hindu
Citation Act No. 25 of 1955
(http://bokakhat.gov.in
/pdf/The_hindu_marriage_act.pdf)
Enacted by Parliament of India
Date
enacted
18th May, 1955
Date
commenced
18th May, 1955
Hindu Marriage Act
From Wikipedia, the free encyclopedia
The Hindu Marriage Act is an Act of the Parliament of
India in 1955 as part of the Hindu Code Bills. Three other
important acts were also enacted during this time: the Hindu
Succession Act (1956), the Hindu Minority and Guardianship
Act (1956),the Hindu Adoptions and Maintenance Act
(1956).
Contents
1 Purpose
2 Applicability
3 Hindu view of marriage
4 Conditions
5 Guardianship
6 Ceremonies
7 Registration
8 Nullity of Marriage and Divorce
9 Supreme Court ruling in 2012
10 Marriage Laws (Amendment) Bill, 2010
11 See also
12 References
13 External links
Purpose
As part of the Hindu Code Bill, the Hindu Marriage Act was
enacted in 1955 by the Parliament of India. The main purpose of the enactment was to amend and codify the
law relating to marriage among Hindus. Beside, amendment and codification of Sastrik Law, it has introduced
separation and Divorce which was earlier non-existent in Sastrik Law. This enactment brought uniformity of law
for all sections of Hindus. Hindu Marriage Act is not applicable in the state of Goa.The Goa Civil Code
(http://mmascgoa.tripod.com/id12.html), also called the Goa Family Law, is the set of civil laws that governs the
residents of the Indian state of Goa. In India, as a whole, there are religion-specific civil codes that separately
govern adherents of different religions. Goa is an exception to that rule, in that a single secular code/law governs
all Goans, irrespective of religion, ethnicity or linguistic affiliation.
Applicability
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Section 2
[1]
of Hindu Marriage Act, 1955 say:
This Act applies -
to any person who is a Hindu by religion in any of its forms or developments, including a
Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj;
a.
to any person who is a Buddhist, Jaina or Sikh by religion; and b.
to any other person domiciled in the territories to which this Act extends who is not a Muslim,
Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been
governed by the Hindu law or by any custom or usage as part of that law in respect of any of the
matters dealt with herein if this Act had not been passed.
c.
1.
This section contemplates application of the Act to Hindu by religion in any of its forms or Hindu within the
extended meaning i.e. Buddhist, Jaina or Sikh and, in fact, applies to all such persons domiciled in the country
who are not Muslims, Christians, Parsi or Jew, unless it is proved that such persons are not governed by the Act
under any custom or usage. Therefore, the Act will apply to Hindu outside the territory of India only if such a
Hindu is domiciled in the territory of India.
[2]
The Act was viewed as conservative because it applied to any person who is Hindu by religion in any of its
forms, yet clumps other religions together into the act (Jains, Buddhists, or Sikhs) as specified in Article 44 of
the Indian Constitution.
[3]
This Act also applies to any person who is a permanent resident in the jurisdiction
where this Act applies who is not Muslim, Jew, Christian, or Parsi by religion. However, with the passage of
Anand Karj marriage act, Sikhs now also have their own personal law related to marriage.
[4]
Hindu view of marriage
According to the tenets of Hinduism, marriage is a sacred relationship, a sacrament, and a divine covenant
meant for procreation and continuation of family lineage.
[5]
It is a vow between two people to stay together and
uphold traditional family values in accordance with the Dharma. In the traditional Hindu system of marriage,
there is no role for the state as marriage remained a private affair within the social realm.
[6]
Within this
traditional framework reference, marriage is undoubtedly the most important transitional point in a Hindus life
and the most important of all the Hindu sanskaras (life-cycle rituals).
[6]
Therefore there was fierce religious opposition to enacting such laws for marriage, succession and adoption. The
greatest opposition was to the provision of equal inheritance by sons and daughters (male and female heirs)
whereas until then only the sons inherited property.
[7]
These Acts were put forth under the leadership of Prime
Minister, Jawaharlal Nehru, who strongly believed in enactment of modern laws for Hindus.
Some have argued that Hindu marriage cannot be subjected to legislative intervention. Derrett predicted in his
later writings that despite some evidence of modernization, the dominant view in Hindu society for the
foreseeable future would remain that marriage is a form of social obligation...
[6]
Conditions
Section 5
[1]
of Hindu Marriage Act, 1955 states:-
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"Section 5. A marriage may be solemnized between any two Hindus, if the following conditions are
fulfilled, namely-
neither party has a spouse living at the time of the marriage 1.
at the time of the marriage, neither party-
is incapable of giving a valid consent to it in consequence of unsoundness of mind; or a.
though capable of giving a valid consent, has been suffering from mental disorder of such a kind or
to such an extent as to be unfit for marriage and the procreation of children; or
b.
has been subject to recurrent attacks of insanity or epilepsy; c.
2.
the bridegroom has completed the age of twenty-one years and the bride the age of eighteen years at the
time of the marriage;
3.
the parties are not within the degrees of prohibited relationship unless the custom or usage governing each
of them permits of a marriage between the two;
4.
the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a
marriage between the two."
5.
Marriage of a female less than 18 years of age or a male of less than 21 years of age. Marriage is voidable and
not void. Marriage will become valid if no steps are taken by such "child" seeking declaration of marriage as
void.
[8]
The conditions
[9]
Marriage can be solemnized between two Hindus if neither party has a living spouse at the
time of marriage;
[5]
The conditions also stipulate that at the time of the marriage, neither party is incapable of
giving valid consent or suffering from a mental illness that inhibits their fitness for marriage or procreation of
children or suffering from recurrent episodes of insanity or epilepsy. In the original Act, the age of valid
marriage was fixed at 18 for the boys and 15 for the girls, however this age requirement was later raised to 21
and 18 respectively for the boys and the girls through the Child Marriage Restraint (Amendment) Act 1978.
Finally, the Act specifically disallows marriages between prohibited degrees of relationships.
[3]
Guardianship
Section 6 of the Hindu Marriage Act specifies the guardianship for marriage. Wherever the consent of a
guardian in marriage is necessary for a bride under this Act, the persons entitled to give such consent are the
following: the father; the mother; the paternal grandfather; the paternal grandmother; the brother by full blood;
the brother by half blood; etc.
[10]
The Guardianship For Marriage was repealed in 1978 after the Child Marriage
Restraint Amendment was passed. This was an amendment that increased the minimum age requirement for
marriage in order to prevent child marriages.
[11]
Ceremonies
Section 7 of the Hindu Marriage Act recognizes the ceremonies and customs of marriage. Hindu marriage may
be solemnized in accordance with the customary rites and ceremonies of either party. Such rites and rituals
include the Saptapadithe taking of seven steps by the bridegroom and the bride jointly before the sacred fire.
The marriage becomes complete and binding when the seventh step is taken.
[12]
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Registration
As stated in Section 8 of the Act, the state government may make rules for the registration of Hindu marriages
that the parties to any of such marriages may have particulars relating to their marriages entered in such a
manner and subject to such conditions as may be prescribed in the Hindu Marriage Register. This registration is
for the purpose of facilitating the proof of Hindu marriages. All rules made in this section may be laid before the
state legislature. The Hindu Marriage Register should be open for inspection at all reasonable times and should
be admissible as evidence of the statements contained therein.
Nullity of Marriage and Divorce
Any marriage can be voidable and may be annulled on the following grounds: the marriage has not been
consummated due to impotency, contravention of the valid consent mental illness condition specified in Section
5, or that the respondent at the time of the marriage was pregnant by someone other than the petitioner. Divorce
can be sought by husband or wife on certain grounds, including: continuous period of desertion for two or more
years, conversion to a religion other than Hindu, mental abnormality, venereal disease, and leprosy. A wife can
also present a petition for the dissolution of marriage on the ground of if the husband marries again after the
commencement of his first marriage or if the husband has been guilty of rape, sodomy, or bestiality. Newly
married couples cannot file a petition for divorce within one year of marriage..
Supreme Court ruling in 2012
The Supreme Court of India exercised its powers under Article 142 of the Constitution of India and ruled in
August 2012 that marriages can be ended by mutual consent before expiry of the cooling period of six months
stipulated in the Hindu Marriage Act, 1955. Section 13-B of the Hindu Marriage Act provides for the couple
seeking divorce through mutual consent to wait for a period of six months after making first joint application for
divorce. It is only after the expiry of the six months that the couple can move second application for the
dissolution of their marriage.
[13]
Pronouncing the judgment, Justice Altamas Kabir said: "It is no doubt true that the legislature had in its wisdom
stipulated a cooling period of six months from the date of filing of a petition for mutual divorce till such divorce
is actually granted, with the intention that it would save the institution of marriage. But there may be occasions
when in order to do complete justice to the parties it becomes necessary for this court to invoke its powers under
Article 142 in an irreconcilable situation (between the couple). When it has not been possible for the parties to
live together and to discharge their marital obligations towards each other for more than one year, we see no
reason to continue the agony of the parties for another two months."
Marriage Laws (Amendment) Bill, 2010
Based on recommendations of the Law Commission, a legislation was proposed. The Marriage Laws
(Amendment) Bill, 2010 to amend the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 to making
divorce easier on ground of irretrievable breakdown of marriage was introduced in the parliament in 2012. The
Bill replaces the words "not earlier than six months" in Section 13-B with the words "Upon receipt of a
petition."
It also provides a better safeguard to wife by inserting section 13D by which the wife may oppose the grant of a
decree on the ground that the dissolution of the marriage will result in grave financial hardship to her and that it
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would in all the circumstances be wrong to dissolve the marriage.
New section 13E provides restriction on decree for divorce affecting children born out of wedlock and states
that a court shall not pass a decree of divorce under section 13C unless the court is satisfied that adequate
provision for the maintenance of children born out of the marriage has been made consistently with the financial
capacity of the parties to the marriage.
Marriage Laws (Amendment) Bill, 2010 makes similar amendments to the Special Marriage Act, 1954 by
replaces the words "not earlier than six months" in Section 28 with the words "Upon receipt of a petition." and
provides restriction on decree for divorce affecting children born out of wedlock.
However, there was strong opposition to this bill due to the objection that it will create hardships for women and
that the bill strongly supports one party while both parties should be treated equal in divorce.
[14]
Therefore the
bill was amended to provide for wife's consent for waiver of six-month notice with the words "Upon receipt of
petitions by the husband and the wife."
The Bill had not been passed by the parliament until April 2013.a
See also
Dowry law in India
References
^
a

b
"Bare Act" (http://bokakhat.gov.in/pdf/The_hindu_marriage_act.pdf). Retrieved 1 April 2014. 1.
^ "Sondur Gopal Vs Sondur Rajini (Supreme Court)" (http://indiankanoon.org/doc/140502088/). 2.
^
a

b
Department of Revenue, Rehabilitation and Disaster Management - "Hindu Marriage Act, 1955"
(http://punjabrevenue.nic.in/hmrgact(1).htm) d
3.
^ TNN May 23, 2012, 05.24AM IST (2012-05-23). "Sikhs welcome passage of Anand Marriage Act - Times of
India" (http://articles.timesofindia.indiatimes.com/2012-05-23/india/31826116_1_anand-marriage-act-sikh-
organizations-avtar-singh-makkar). Articles.timesofindia.indiatimes.com. Retrieved 2012-12-25.
4.
^
a

b
Hinduwebsite.com - "Divorce in Hinduism" (http://www.hinduwebsite.com/hinduism/h_divorce.asp) 5.
^
a

b

c
Menski, Werner. 2003. Hindu Law: Beyond Tradition and Modernity. Delhi: Oxford UP. 6.
^ http://www.lawteacher.net/equity-law/essays/co-parcenary-the-system-law-essays.php 7.
^ "Court On Its Own Motion Vs State (Delhi)" (http://indiankanoon.org/doc/41067986/). 8.
^ Tahir Mahmood, Jan 17, 2007, 12.00am IST (2007-01-17). "Not made in heaven - Times Of India"
(http://articles.timesofindia.indiatimes.com/2007-01-17/edit-page/27880481_1_child-marriage-restraint-act-sarda-
act-sarda-act). Articles.timesofindia.indiatimes.com.
9.
^ Vaklino.com - "The Hindu Marriage Act, 1955" (Section 6) (http://www.vakilno1.com/bareacts/hindumarriageact
/s6.htm)
10.
^ "The Child Marriage Restraint Act, 1929 (http://www.divorcelawyerindia.com/the-child-marriage-restraint-
act.php)
11.
^ Vaklino.com - "The Hindu Marriage Act, 1955" (Section 7) (http://www.vakilno1.com/bareacts/hindumarriageact
/s7.htm)
12.
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Hindu Adoptions and Maintenance Act (1956)
(Redirected from Hindu Adoptions and Maintenance Act)
The Hindu Adoptions and Maintenance Act was enacted in India in 1956 as part of the Hindu Code Bills. The
other legislations enacted during this time include the Hindu Marriage Act (1955), the Hindu Succession Act
(1956), and the Hindu Minority and Guardianship Act (1956). All of these acts were put forth under the
leadership of Jawaharlal Nehru, and were meant to codify and standardise the current Hindu legal tradition. The
Adoptions and Maintenance Act of 1956 dealt specifically with the legal process of adopting children by a
Hindu adult, as well as the legal obligations of a Hindu to provide "maintenance" to various family members
including, but not limited to, their wife or wives, parents, and in-laws.
Contents
1 Application
2 Adoptions
2.1 Who can Adopt?
2.2 Who can be Adopted?
2.3 Legal Implications for an Adopted Child
3 Maintenance
3.1 Maintenance of a Wife
3.2 Maintenance of a Child or of Aged Parent(s)
3.3 Amount of Maintenance Provided
4 References
Application
This Act applies to Hindus and all those considered under the umbrella term of Hindus, which includes:
a Hindu by religion in any of its forms or development;
a Buddhist, Jain or Sikh;
a child legitimate or illegitimate whose parents are Hindus, Buddhists, Jains or Sikhs;
a child legitimate or illegitimate one of whose parents are Hindus, Buddhists, Jains or Sikhs and has been
so brought up;
an abandoned child, legitimate or illegitimate of unknown parentage brought up as a Hindu, Buddhist,
etc.; and
a convert to the Hindu, Buddhist, Jain or Sikh religion.
Persons who are Muslims, Christians, Parsis or Jews are excluded from this definition.
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Hindu boy
The Act does not also apply to adoptions that took place prior to the date of enactment. However, it does apply
to any marriage that has taken place before or after the Act had come into force. Moreover, if the wife is not a
Hindu then the husband is not bound to provide maintenance for her under this Act under modern Hindu
Law.
[1]
Adoptions
Who can Adopt?
Under this Act only Hindus may adopt subject to their fulfilment of certain criteria. The first of these asserts that
the adopter has the legal right to (under this Act that would mean they are a Hindu). Next, they have to have the
capacity to be able to provide for the adopted child. Thirdly the child must be capable of being adopted. Lastly,
compliance with all other specifications (as outlined below) must be met to make the adoption valid.
[2]
Men can adopt if they have the consent(s) of their wife or of all of their
wives. The only way of getting around obtaining the permission of the
wife or of the wives is if she or if they are unsound, if they have died, if
they have completely and finally renounced the world, and if they have
ceased to be a Hindu. Men who are unmarried can adopt as well as long
as they are not a minor. However, if a man were to adopt a daughter, the
man must be twenty one years of age or older.
[3]
Women can adopt if they have the consent of their husband. Again, the
only way of getting around obtaining the permission of the husband is if
he is unsound, has died, has completely and finally renounced the world,
and has ceased to be a Hindu. Women who are unmarried can adopt as
well as long as they are not a minor. However, if a woman were to adopt
a son, the woman must be twenty one years of age or older.
[4]
If the
child is adopted and there are more than one wife living in the
household, then the senior wife is classified as the legal mother of the
adopted child.
[5]
Who can be Adopted?
The adopted child can be either male or female. The adopted child must be fall under the Hindu category. The
adoptee needs also to be unmarried; however, if the particular custom or usage is applicable to the involved
parties then the adoptee can be married. The child cannot be the age of sixteen or older, unless again it is custom
or the usage is applicable to the involved parties. An adoption can only occur if there is not a child of the same
sex of the adopted child still residing in the home. In particular, if a son were to be adopted then the adoptive
father or mother must not have a legitimate or adopted son still living in the house.
[6]
Legal Implications for an Adopted Child
From the date of the adoption, the child is under the legal guardianship of the new adopted parent(s) and thus
should enjoy all the benefits from those family ties. This also means that this child, therefore, is cut off from all
legal benefits (property, inheritance, etc.) from the family who had given him or her up for adoption.
[7]
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Maintenance
Maintenance of a Wife
A Hindu wife is entitled to be provided for by her husband throughout the duration of her lifetime. Regardless of
whether the marriage was formed before this Act was instated or after, the Act is still applicable. The only way
the wife can null her maintenance is if she renounces being a Hindu and converts to a different religion, or if she
commits adultery.
[8]
The wife is allowed to live separately from her husband and still be provided for by him. This separation can be
justified through a number of different reasons, including if he has another wife living, if he has converted to a
different religion other than Hinduism, if he has treated her cruelly, or even has a violent case of leprosy.
[9]
If the wife is widowed by her late husband, then it is the duty of the father-in-law to provide for her. This legal
obligation only comes into effect if the widowed wife has no other means of providing for herself. If she has
land of her own, or means of an income and can maintain herself then the father-in-law is free from obligation to
her. Additionally, if the widow remarries then her late husband's father-in-law does is not legally bound by this
Act anymore as well.
[10]
Maintenance of a Child or of Aged Parent(s)
Under this Act, a child is guaranteed maintenance from his or her parents until the child ceases to be a minor.
This is in effect for both legitimate and illegitimate children who are claimed by the parent or parents. Parents or
infirmed daughters, on the other hand, must be maintained so long as they are unable to maintain for
themselves.
[11]
Amount of Maintenance Provided
The amount of maintenance awarded, if any, is dependent on the discretion of the courts. Particular factors
included in the decision process include the position or status of the parties, the number of persons entitled to
maintenance, the reasonable wants of the claimants, if the claimant is living separately and if the claimant is
justified in doing so, and the value of the claimant's estate and income. If any debts are owed by the deceased,
then those are to be paid before the amount of maintenance is awarded or even considered.
[12]
References
^ http://www.vakilno1.com/bareacts/hinduadoptionsact/s18.htm 1.
^ http://www.vakilno1.com/bareacts/hinduadoptionsact/hinduadoptionsact.htm 2.
^ http://indiacode.nic.in/fullact1.asp?tfnm=195678 3.
^ http://www.vakilno1.com/bareacts/hinduadoptionsact/hinduadoptionsact.htm 5.
^ http://www.vakilno1.com/bareacts/hinduadoptionsact/s18.htm 8.
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Hindu Minority and Guardianship Act
The Hindu Minority and Guardianship Act was established in 1956 as part of the Hindu Code Bills. Three
other important acts were also created during this time and they include the Hindu Marriage Act (1955), the
Hindu Succession Act (1956), and the Hindu Adoptions and Maintenance Act (1956). All of these acts were put
forth under the leadership of Jawaharlal Nehru, and were meant to modernize the then current Hindu legal
tradition. The Hindu Minority and Guardianship Act of 1956 was meant to enhance the Guardians and Wards
Act of 1890, not serve as its replacement. This act specifically serves to define guardianship relationships
between adults and minors, as well as between people of all ages and their respective property.
Contents
1 Introduction
2 Important definitions
3 Extent of Act
3.1 Overriding quality
4 Application
5 Natural guardians
5.1 Abilities of natural guardians
6 Minors and property
6.1 Welfare of minor
7 Notes
Introduction
This act is one of four Hindu Code Bills that were codified by the Nehru Administration in 1956. The other three
Acts include the Hindu Succession Act, Hindu Adoptions and Maintenance Act, and Hindu Marriage Act. The
Hindu Minority and Guardianship Act delineates the policies regarding minorities according to Indian Hindu
personal law.
Important definitions
A. A minor is a person under the age of 18
B. A guardian is the caretaker of a minor, his or her property, or both. Categories of guardians include: a natural
guardian; a guardian chosen by the mother or father; a guardian appointed by the court; and a person who
qualifies as a guardian according to the Court of Wards.
[1]
Extent of Act
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This Act extends to all of India with the exception of the state of Jammu and Kashmir.
[2]
This Act is intended to be an addendum to the Guardians and Wards Act of 1890, not its replacement.
[3]
Overriding quality
Any former law that is inconsistent with this law is declared legally void. This law supersedes all other relevant
laws.
[4]
Application
This Act applies to all Hindus, meaning those who belong to the Hindu religion or any of its developmental
forms. These include the Lingayat, Virashiva, and those who follow Brahmo, Prarthana or Arya Samaj. Those
who practice the religions of Buddhism, Sikhism, and Jainism are also considered Hindus. Finally, those who are
not Muslim, Christian, Parsi or Jewish are governed by this Act unless they can prove that prior to its passage,
they were not governed by Hindu law.
[5]
Both legitimate and illegitimate minors who have at least one parent that meets the stipulations outlined above
fall under the jurisdiction of this Act.
[6]
Natural guardians
The father is the primary guardian for a legitimate boy and unmarried girl and their property, while the mother is
the secondary guardian. However, the mother is the primary guardian for all children under the age of five. For
illegitimate children, the mother is the primary guardian, while the father is the secondary guardian. A married
girls husband becomes her guardian. For an adoptive son, the adoptive father is the primary guardian, then the
adoptive mother.
[7]
Each of these, if they chose, may appoint guardians of their childs person or property.
[8]
Should a parent cease being a Hindu or become a renouncer, hermit, or ascetic, that parent will lose his or her
guardian rights.
[9]
Abilities of natural guardians
Natural guardians can take actions that will benefit and protect the minor and his or her property. However, the
guardian cannot sign a personal covenant for the minor. The guardian cannot sell, mortgage or give away any
part of the minors immovable property, lease this property for more than five years, or lease the property for
more than one year after the child becomes eighteen.
[10]
Minors and property
A child cannot act as a guardian of property of minors.
[11]
For a minor who possesses an undivided interest in joint family property that is already controlled by an adult in
that family, a guardian shall not be appointed to manage that undivided interest.
[12]
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The Hindu Succession Act, 1956.
An Act to amend and codify the law relating to
intestate succession among Hindus.
Citation Act 30 of 1956
(http://punjabrevenue.nic.in
/hsuccact(1).htm)
Enacted
by
Parliament of India
Date
enacted
17 June 1956
Hindu Succession Act, 1956
(Redirected from 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. The Act lays
down a uniform and comprehensive system of inheritance
and applies to persons governed by both the Mitkar and
Dyabhga schools. It is hailed for its consolidation of Hindu
laws on succession into one Act. The Hindu woman's limited
estate is abolished by the Act. 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 it of by will as she
likes. The Act was amended in 2005 by the Hindu Succession
(Amendment) Act, 2005.
Contents
1 Applicability
1.1 As per religion
1.2 As per tribe
2 In the case of males
3 In the case of females
4 Certain exceptions
5 Amendments
6 References
7 External links
Applicability
As per religion
This Act is applicable to the following:
any person, who is a Hindu by religion in any of its forms or developments including a Virashaiva, a
Lingayat or follower of the Brahmo, Prarthana or Arya Samaj;
1.
any person who is Buddhist, Jaina or Sikh by religion; and 2.
to any other person who is not a Muslim, Christian, Parsi or Jew by religion unless it is proved that the
concerned person would not have been governed by the Hindu Law or by any custom or usage as part of
3.
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that law in respect of any of the matters dealt with herein if this Act had not been passed.
Explanation as to who shall be considered as Hindus, Buddhists, Jainas or Sikhs by religion has been provided in
the section:
any child, legitimate or illegitimate, one of whose parents are Hindus, Buddhists, Jainas or Sikhs by
religion;
any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion
and who is brought up as a member of the tribe, community, group or family to which such parent belongs
or belonged;
any person who is convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.
A person shall be treated as a Hindu under the Act though he may not be a Hindu by religion but is,
nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section.
As per tribe
However it has been provided that notwithstanding the religion of any person as mentioned above, the Act shall
apply to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the
Constitution of India unless the Central Government, by notification in the Official Gazette, otherwise directs.
In the case of males
The property of a Hindu male dying intestate, or without a will, would be given first to heirs within Class I. If
there are no heirs categorized as Class I, the property will be given to heirs within Class II. If there are no heirs
in Class II, the property will be given to the deceaseds agnates or relatives through male lineage. If there are no
agnates or relatives through the males lineage, then the property is given to the cognates, or any relative
through the lineage of males or females.
There are two classes of heirs that are delineated by the Act.
Class I heirs are sons,daughters, widows, mothers, sons of a pre-deceased son, widows of a pre-deceased son,
son of a, pre-deceased sons of a predeceased son, and widows of a pre-deceased son of a predeceased son.
If there is more than one widow, multiple surviving sons or multiples of any of the other heirs listed above, each
shall be granted one share of the deceaseds property. Also if the widow of a pre-deceased son, the widow of a
pre-deceased son of a pre-deceased son or the widow of a brother has remarried, she is not entitled to receive
the inheritance.
Class II heirs are categorized as follows and are given the property of the deceased in the following order:
Father 1.
Son's daughter's son 2.
Son's daughter's daughter 3.
Brother 4.
Sister 5.
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Daughter's son's son 6.
Daughter's son's daughter 7.
Daughter's daughter's son 8.
Daughter's daughter's daughter 9.
Brother's son 10.
Sister's son 11.
Brother's daughter 12.
In the case of females
Under the Hindu Succession Act, 1956, females are granted ownership of all property acquired either before or
after the signing of the Act, abolishing their limited owner" status. However, it was not until the 2005
Amendment that daughters were allowed equal receipt of property as with sons. This invariably grants females
property rights.
The property of a Hindu female dying intestate, or without a will, shall devolve in the following order:
upon the sons and daughters (including the children of any pre-deceased son or daughter) and the
husband,
1.
upon the heirs of the husband. 2.
upon the father and mother 3.
upon the heirs of the father, and 4.
upon the heirs of the mother. 5.
Certain exceptions
If, and the heirs are both male and female, the female heir is not allowed to request partition until the male heir
chooses to divide their respective shares. If this female heir is a daughter, she has the right to reside in the home
if she is unmarried, divorced or widowed. After the Hindu Succession (Amendment) Act, 2005 Section 6 the
difference between the female and male inheritor has been abolished - Now even female inheritor [daughter]
can also claim partition of the ancestral property.
Any person who commits murder is disqualified from receiving any form of inheritance from the victim.
If a relative converts from Hinduism, he or she is still eligible for inheritance. The descendants of that converted
relative, however, are disqualified from receiving inheritance from their Hindu relatives, unless they have
converted back to Hinduism before the death of the relative.
Amendments
The Hindu Succession (Amendment) Act, 2005, amended Section 6 of the Hindu Succession Act, 1956, allowing
daughters of the deceased equal rights with sons. In the case of coparcenary property, or a case in which two
people inherit property equally between them, the daughter and son are subject to the same liabilities and
disabilities. The amendment essentially furthers equal rights between males and females in the legal system.
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Hindu Marriage Act

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Hindu Marriage Act, 1955

An Act to amend and codify the law relating to

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