GOVERNMENT OF INDIA LAW COMMISSION OF INDIA …

1 GOVERNMENT OF INDIA . LAW. COMMISSION . OF. INDIA . proposal to amend section 15 of the Hindu Succession Act, 1956 in case a female dies intestate leaving her self acquired property with no heirs. Report No. 207. JUNE 2008. 2. THE LAW COMMISSION OF INDIA . (REPORT NO. 207). proposal to amend section 15 of the Hindu Succession Act, 1956 in case a female dies intestate leaving her self acquired property with no heirs. Presented to the Union Minister for Law and Justice, Ministry of Law and Justice, GOVERNMENT of INDIA by Dr. Justice AR. Lakshmanan, Chairman, Law COMMISSION of INDIA , on 10th day of June, 2008.

2 3. The 18th Law COMMISSION was constituted for a period of three years from 1st September, 2006 by Order No. (LA), dated the 16th October, 2006 of GOVERNMENT of INDIA , Ministry of Law and Justice, Department of Legal Affairs, New Delhi. The Law COMMISSION consists of the Chairman, the Member- Secretary, one full-time Member and six part-time Members. Chairman The Hon'ble Dr. Justice AR. Lakshmanan, Chairman Member Secretary Dr. Sharma Full-time Member Prof. (Dr.) Tahir Mahmood Part-time Members Justice I. Venkatanarayana Shri Sharma Dr. Chandrasekharan Pillai Dr.

3 Mrs. Devinder Kumari Raheja Prof. Mrs. Lakshmi Jambholkar Smt. Kirti Singh 4. The Law COMMISSION is located at ILI Building, 2nd Floor, Bhagwandas Road, New Delhi-110 001. Law COMMISSION Staff The Chief Executive of the Law COMMISSION is: Dr. Sharma, Member-Secretary Dr. Brahm Agrawal, Additional Secretary Research Staff Ms. Pawan Sharma : Additional Law Officer Shri Sulaxan Rao : Additional Law Officer Shri Sarwan Kumar : Deputy Law Officer Shri Upadhyay : Deputy Law Officer Dr. Singh : Assistant Law Officer Shri C. Radha Krishna : Assistant Law Officer Administration Staff Shri D.

4 Choudhury : Under Secretary Shri Basu : section Officer Smt. Rajni Sharma : Assistant Library Information Officer 5. The text of this Report is available on the internet at: GOVERNMENT Copyright 2008. Law COMMISSION of INDIA GOVERNMENT of INDIA Ministry of Law and Justice Department of Legal Affairs New Delhi-110 001. INDIA The text in this document (excluding GOVERNMENT Logos) may be reproduced free of charge in any format or medium providing that it is reproduced accurately and not used in a misleading context. The material must be acknowledged as GOVERNMENT copyright and the title of the document specified.

5 Any enquiries relating this Report should be addressed to the Member- Secretary, Law COMMISSION of INDIA , 2nd Floor, ILI. Building, Bhagwandas Road, New Delhi-110001, INDIA . Fax: 91- 11-23388870 or E-Mail at: 6. Dr. Justice AR. Lakshmanan ILI Building (IInd Floor), (Former Judge, Supreme Court of INDIA ) Bhagwandas Road, Chairman, Law COMMISSION of INDIA New Delhi-110 001. Tel.: 91-11-23384475. Fax: 91-23383564. June 10, 2008. Dear Shri Bhardwaj ji, I am forwarding herewith 207th Report of the COMMISSION on proposal to amend section 15 of the Hindu Succession Act in case a female dies intestate leaving her self-acquired property with no heirs.

6 This subject was taken up for consideration by the COMMISSION suo motu in view of vast changes in the social scene in the past few years. Over the years, women have taken a stride in all spheres. The consequence is that women are owning property earned by their own skill. These situations do not seem to have been in the contemplation of Legislators when the Act was enacted. Another aspect which the COMMISSION feel is very important in the present scenario is that when amendments are made to the effect that women have been entitled to inherit property from her parental side as well as from husband's side, it would be quite justified if equal right is given to her parental heirs along with her husband heirs to inherit her property if such a situation arise.

7 It is in this context, the COMMISSION proposed an amendment to section 15 of the Hindu Succession Act as indicated in the Report. The Terms of Reference of the COMMISSION , inter alia empower it to examine the existing laws with a view to promoting gender equality and suggesting amendments thereto as well as to revise the Central Acts of general ---------------------------------------- ---------------------------------------- ---------------------------- 7. Residence: ,Janpath, New Delhi-110011. Tel. importance so as to simplify them and to remove anomalies, ambiguities and inequities.

8 Therefore, the aforesaid subject was taken up by the COMMISSION suo motu in relation to laws governing inheritence and succession of property. Social justice demands that the women should be treated equally both in the economic and social sphere. The COMMISSION feels that the proposed amendment is needed as per the points stated in the Report. The recommendations contained in the Report are aimed at suggesting changes in section 15 of the Hindu Succession Act so that equal right is given to the parental heirs along with husband's heirs to inherit the property.

9 We hope that the recommendations in this Report will go a long way in attaining the objectives set out above. With warm regards, Yours sincerely, (AR. Lakshmanan). Shri Bhardwaj, Union Minister for Law and Justice, GOVERNMENT of INDIA , Shastri Bhawan, New Delhi-110 001. 8. LAW COMMISSION OF INDIA . REPORT ON proposal TO AMEND section 15 OF. THE HINDU SUCCESSION ACT, 1956 IN CASE A FEMALE. DIES INTESTATE LEAVING HER SELF ACQUIRED. PROPERTY WITH NO HEIRS. TABLE OF CONTENTS. 1. INTRODUCTION 9. 2. SCHEME OF SUCCESSION IN THE CASE OF A. HINDU FEMALE 10. 3. RELEVANCE OF SOURCE OF ACQUISITION 12.

10 4. SELF-ACQUIRED PROPERTY A GREY AREA 16. 5. THE CASE FOR CHANGE 18. 6. CONCLUSIONS AND RECOMMENDATIONS 23. 7. PROPOSED AMENDMENT 24. 9. LAW COMMISSION OF INDIA . REPORT ON proposal TO AMEND section 15 OF. THE HINDU SUCCESSION ACT, 1956 IN CASE A. FEMALE DIES INTESTATE LEAVING HER SELF. ACQUIRED PROPERTY WITH NO HEIRS. 1. INTRODUCTION. The Hindu Succession Act, 1956 is a part of the Hindu Code which includes the Hindu Marriage Act, 1955 Hindu Adoptions and Maintenance Act, 1956 and the Hindu Minority and Guardianship Act, 1956. These Acts brought revolutionary changes in the law relating to Hindus.