Disqualification to Succession Under Hindu Succession Act 1956

12 Pages Posted: 28 Mar 2008

See all articles by Sharad Joshi

Sharad Joshi

Max Super Specialty Hospital

Date Written: March 26, 2008

Abstract

Family law is an area of the law that deals with family related issues and domestic relations including, but not limited to: the nature of marriage, civil unions and domestic partnership issues arising during marriage, (including spouse abuse, legitimacy, adoption, surrogacy, child abuse, and child abduction), the termination of the relationship, and ancillary matters (including divorce, annulment, property settlements, alimony, and parental responsiblity orders). Family law is the broad term. The scope of family law is subjective in nature. There are different branches of family law. The most important part under family law is the Hindu Succession Act 1956. In this article, I mainly focused on laws related to disqualification under the Hindu Succession Act 1956, and what old Hindu law and Modern Hindu laws say about disqualification this. There are certain laws related to disqualification law, like certain widows remarrying may not inherit as widows, murderer disqualified, converts decedents disqualified, succession when heir disqualified. There is one exception to disqualification in which person shall not be disqualified - disease, defect, etc. - not to disqualify. This article I have discussed scope, applicability of all the section related to disqualification to succession. I went through various case laws, legislative acts which helped me throughout. After completion of my research work I have given some suggestions for disqualification to succession, like step mother should be disqualified under section 24 of Hindu Succession Act,1956. Unsuccessful attempt to murder should also be included in the ambit of S.25. Unchastity of a widow should also be a ground of disqualification. Offenses like rape and torture should also be a ground for disqualification. By this I have concluded my research work. In this research work I have tried to fulfill all the loopholes of disqualification to succession.

Keywords: Hindu Succession Act 1956, disqualification, grounds of disqualification, suggestions

Suggested Citation

Joshi, Sharad, Disqualification to Succession Under Hindu Succession Act 1956 (March 26, 2008). Available at SSRN: https://ssrn.com/abstract=1113248 or http://dx.doi.org/10.2139/ssrn.1113248

Sharad Joshi (Contact Author)

Max Super Specialty Hospital ( email )

1 , 2 Press Enclave Road
Mandir Marg, Saket
Delhi 110017, New Delhi
India

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