Evolution and Impact of Hindu Succession Act 1956 in Shaping the Hindu Law of Inheritance in India

  • Yuvraj Kashyap and Ujjwal Kumar Singh
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  • Yuvraj Kashyap

    Student at Law College Dehradun, Uttaranchal University, India

  • Ujjwal Kumar Singh

    Assistant Professor at Law College Dehradun, Uttaranchal University, India

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Abstract

Hindu succession law, primarily governed by the Hindu Succession Act of 1956, outlines the legal framework for inheritance among Hindus in India. This legislation, applicable to Hindus, Buddhists, Jains, and Sikhs, encompasses both intestate (without a will) and testamentary (with a will) succession. A significant milestone in this domain was the Hindu Succession (Amendment) Act, 2005, which aimed to rectify gender biases by granting equal inheritance rights to daughters, thus transforming the traditional coparcenary system. Key aspects of Hindu succession law include the classification of heirs, the rights of women and children, the concept of coparcenary property, and the disqualification criteria for heirs. Despite legislative advancements, the practical realization of these laws faces challenges due to persistent socio-cultural norms and lack of awareness. This study explores the intricacies of Hindu succession law, highlighting its evolution, current legal provisions, and the ongoing challenges in achieving equitable property distribution. The analysis underscores the role of judicial interpretations in shaping the law and the need for continued reforms to ensure justice and equality in inheritance matters among Hindus.

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International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 3043 - 3051

DOI: https://doij.org/10.10000/IJLMH.117771

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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