Property Dispute Matter Advocate - PowerPoint PPT Presentation

the property dispute advocate s take on hindu succession act 1956 n.
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Property Dispute Matter Advocate
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Property Dispute Matter Advocate

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  1. The Property Dispute Advocate’s Take on Hindu Succession Act 1956 The Hindu Succession Act was passed by the both houses of the Indian Parliament in 1956 with the objective to address unrepresented or unwilled succession of property among Hindus, Buddhists, Jains and Sikhs. This law has a very uniformed and comprehensive system of inheritance and applies to all the Hindu and sister castes of Hindu religion. It has received a wider acclaim for its amalgamation of Hindu laws on succession into single act. It has also reformed a limited estate of the Hindu woman. It has given a full right to woman held by her and gave power to deal with it on her own. Some of the parts of this Act were amended in 2005 by the Hindu Succession (Amendment), 2005. The Hindu Succession Act 1956 applies to whole of India except the State of Jammu & Kashmir. This act applies to all the persons who are Hindu by religion in any of its forms including Virashaiva, Lingayat or followers of the Brahmo, Parthana or AryaSamaj. It also applies to all the persons who follow Buddha, Jain or Sikh religion. Furthermore, it also applies to all the persons who by religion are not Muslims, Christian, Parsi or Jew.

  2. The Property Dispute Advocate’s Take on Hindu Succession Act 1956 Now the question is who shall be considered as Hindus, Buddhists, Jains or Sikhs. A well-known Property Dispute Lawyer of the Supreme Court of India Mr. KislayPandey enlightens on this issue by saying that the Act depicts who shall be measured as Hindus, Buddhists, Jains or Sikhs by religion. According to the Act, following are considered as Hindus, Buddhists, Jains or Sikhs. Any legitimate or illegitimate child whose one parents are Hindus, Buddhists, Jains or Sikhs by religion; Any child who is brought up as a member of the tribe, community or family and whose one parents are Hindus, Buddhists, Jains or Sikhs by religion; An individual who is converted or reconverted to the Hindus, Buddhists, Jains or Sikhs religion, falls under this act.

  3. The Property Dispute Advocate’s Take on Hindu Succession Act 1956 According to this act, if a male has a son and a daughter, a daughter cannot claim for the partition of her father’s property unless a son wishes to divide their respective shares. However, in the amendment of the Hindu Succession Act, 2005, this provision was abolished and now a daughter can claim her part on her father’s property. Furthermore, a daughter can stay in her father’s house if she is unmarried, widow or divorced. Furthermore, any person who commits murder automatically makes himself disqualified for any types of inheritance from the victim. It means that if a son commits murder of his father, he is not liable of any property belonging to his father. Moreover, if a relative willingly converts to other religion from Hinduism, he or she does not lose his or her right for inheritance. However, the children of that converted relative are automatically disqualified from receiving inheritance from their Hindu relatives. If they again reconvert to Hinduism before the death of the relative, they are liable to inheritance.

  4. The Property Dispute Advocate’s Take on Hindu Succession Act 1956 The Hindu Possession Act, 1956 is considered one of the most respected inheritance laws of India. A well-known Property Dispute Lawyer of the Supreme Court of India enlightens about some of the conditions and provisions of this law.