Civil law query

Querist : Anonymous (Querist) 06 September 2011 This query is : Resolved
DEAR SIR AS SECTION4(2)OF HINDU SUCCESSION ACT 1956 IS AMENDED AND OMMITTED DELETED BY AMENDMENT IN HSA 1956 BY AMENDING ACT 2005,NOW PROVISION WHICH GIVE OVERIDING EFFECT THAT IS WHICH USED TO SAY THAT AGRICULTURAL LAND SUCCESSION WILL BE AS PER STATE LAWS HAS BEEN OMMITTED.I THINK THAT ON EVERY ASSET WHETHER AGRICULTURAL 0R OTHERS NOW HSA 1956 WILL APPLY. SEC4(1)IS THERE OF HSA 1956 WHICH SAY HSA WILL APPLY IRESPECTIVE OF ANY LAW.SECTION 4 OF HSA WAS OVERIDING EFECT OF ACT.WHAT WILL BE EFFECT OF THIS AMENDMENT

Follow Query

Report Abuse

Raj Kumar Makkad (Expert) 06 September 2011
only sub-section 2 has been omitted vide HSA amendment Act 2005 and sub section 1 still exists so there is no overriding effect thereto as you understand.

prabhakar singh (Expert) 06 September 2011
yes Mr.Makkad is right.

Amendment of section 4.
2. Amendment of section 4.-In section 4 of the Hindu Succession Act, 1956 (30 of 1956)
(hereinafter referred to as the principal Act), sub-section (2) shall be omitted.

Querist : Anonymous (Querist) 07 September 2011
Sec4 of H.S.A 1956 .(1) Save as otherwise expressly provided in this Act,-

(a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act.

(b) any other law in force immediately before the commencement of this Act shall cease to apply to Hindus in so far as it is inconsistent with any of the provisions contained in this Act.

(2) For the removal of doubts it is hereby declared that nothing contained in this Act shall be deemed to affect the provision of any law for the time being in force providing for the prevention of fragmentation of agricultural holdings or for the fixation of ceilings or for the devolution of tenancy rights in respect of such holdings.

NOW SIR SUBSECTION4(2) HAS BEEN DELETED .WHAT WILL BE EFFECT OF THIS ON SUCCESION IN CASE OF AGRICULTURAL LAND.
IN MY VIEW NOW AGRICULTURAL LAND SUCCESSION RULES WILL BE GOVERNED BY HSA 1956 ONLY.WHAT IS YOUR OPINION ON THIS LAW EXPERTS.

Querist : Anonymous (Querist) 07 September 2011
PRIOR TO AMENDMENT STATE LAWS WAS APPLICABLE IN CASE OF SUCCESION IN CASE OF AGRICULTURAL LAND ONLY.

prabhakar singh (Expert) 07 September 2011
(b) any other law in force immediately before the commencement of this Act shall cease to apply to Hindus in so far as it is inconsistent with any of the provisions contained in this Act.

Which simply means laws enacted before 1956 cease to apply and that does not mean that state shall not enact/amend laws on subjects it is competent to enact which changes a position stated in this Act after enactment of this Act.

Hence since states are competent to enact with regard to AGRICULTURAL lands,if they choose to amend or enact post to passing of this Act the it would be state law that shall apply is my opinion.

Querist : Anonymous (Querist) 07 September 2011
central act that is H.S.A 1956 after amendment in2005 that is 4(2) MEANS THAT NOW ON ALL PROPERTIES OF HINDUS AS TO SUCCESSION OF THAT INTESTATE H.S.A 1956 WILL APPLY.BEFORE AMENDMENT EXCEPT AGRICULTURAL LAND THIS ACT WAS APPLICABLE ON REST OF ASSETS.AS RULE CENTRAL ACT PREVAILS.

Querist : Anonymous (Querist) 07 September 2011
I WOULD LIKE OTHER EXPERTS TO GIVE THEIR OPINIONS ALSO

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries