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S.A Kader - The Hindu Succession Act 1956

S.A Kader - The Hindu Succession Act 1956

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Year: 2022

Author: D P Dey

Hindu religion, being bedrock of Hindu Law, is a reflection of the composite character of the Hindus, who are not one people but many, based on universal receptivity. This law is the oldest pedigree of any known system of jurisprudence and even now it shows no sign of decrepitude. It is known to us that law is not static; it is always dynamic and it is moving according to the habits, customs and cultural norms of the community and is a manifestation of the aspirations and ambitions of the society. Thus, the law of Hindu Succession like every other system of law was never static, but dynamic, empiric and progressive.

Effect of Amendment of 2005

To keep pace with the demand of the society, in 2005 the Hindu Succession Act was amended and codified the law relating to intestate succession among Hindus. The present author has critically treated the work as it was treated earlier. While revising the work the reviser has travelled all the high ways and bye ways of the subject to give a comprehensive account on it. The present work answers the problems that are frequently faced by the lawyers. The Amendment of 2005 has radically changed the devolution of interest in coparcenary property. In the instant edition all those developments have been reflected. Almost all the important judgments of the apex court and those of different High Courts with their critical comments are incorporated to acquaint the readers with the present status of the statute. The work has focused on the conditions which are to be satisfied to enable the daughter of a coparcener to become a coparcener by birth.

Issues discussed

The work being the true successor of its earlier edition, covers all the important and critical issues relating to subject such as: sources of Hindu law, disqualification of a widow from inheritance, a Hindu widow whether can be a karta, effect of non-performance of essential ceremonies of marriage, right of a child in womb, presumption of simultaneous death, stridhana property inherited from relatives, maintenance of a female, suit for partition by son against parents, pious obligation of a son and so on.

An exhaustive commentary dealing with all the important issues on the subject, we trust, will be treated as a sure guide to the practitioners, judges and persons having interest in the subject.


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