Thursday, December 20, 2018
G. V. Mahesh Nath recently published an Article entitled, Latest Trends in Succession among Hindus, Wlls, Trusts, & Estates Law eJournal (2018). Provided below is an abstract of the Article.
The presence of separate provisions for succession in case of Hindu men and Hindu women dying intestate is viewed as complicated feature of the Hindu Succession Act,1956 showing discrimination on basis of gender. The property of Hindu males devolves upon his heirs irrespective of the source of the income but the property of Hindu females devolves according to the source of the income. This provision under Section 15 of the Act dealing with rules of Succession of Hindu Female dilutes the effect of gender progressive provisions like Section 14 and show that the woman is a temporary occupier of the property and that the property must be reverted back from where it was inherited leaving that woman has no identity of her own. The 2005 Amendment Act is required to be seen as a step in the direction of reducing the existing gender inequalities, however the change in Indian societal perception on gender equity is still lacking.