Hindu females skills or exertions paving way for HINDU SUCCESSION (AMENDMENT) BILL, 2013 in coming Winter Session of Parliament
Observations:-
1. Hindus are the only privileged class in India.
2. Hindu female “self-acquires property” including both movable and immovable property by her own "skill or exertion.”!!!
3. Hindu Marriage Laws are amendment laboratory.
4. The below Amendment in Hindu Succession Act compliments Hindu Marriage Laws Amendment 2013 Bill (pending passing by Lok Sabha in coming Winter Session), which I opined to in one of my earlier posts.
Link -
https://www.lawyersclubindia.com/forum/Irbm-bill-passed-in-rs-is-utterly-anti-hindu--87754.asp
5. Any discussion Hindu male like to do for next 4 months as that is the time Hindu males have to save self acquired movable or immovable / inherited - inheritable properties?
In coming Winter Session of Parliament HINDU SUCCESSION (AMENDMENT) BILL, 2013 will be introduced in Lok Sabha.
A BILL further to amend the Hindu Succession Act, 1956. Bill No. 17 of 2013 TO BE INTRODUCED IN LOK SABHA.
BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:—
1. (1) This Act may be called the Hindu Succession (Amendment) Act, 2013.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. In section 3 of the Hindu Succession Act, 1956 (hereinafter referred to as the principal Act), after clause (j), the following clause shall be added, namely:—
“(k) “self-acquired property” means any property including both movable and immovable property acquired by a female Hindu by her own skill or exertion.”
Amendment of section 3. 30 of 1956
3. In section 15 of the principal Act, in sub-section (2), after clause (b), the following clause shall be added, namely:—
“(c) if a female Hindu dies intestate, her self-acquired property, in the absence of husband and any son or daughter of the deceased (including the children of any predeceased son or daughter), shall devolve, not upon the heirs as referred to in subsection (1) in the order specified therein, but in the following manner:
(i) firstly, upon the mother and the father of the female;
(ii) secondly, upon the heirs of the father of the female;
(iii) thirdly, upon the heirs of the mother of the female; and
(iv) lastly, upon the heirs of the husband of the female.”.
Amendment of Section 15.
STATEMENT OF OBJECTS AND REASONS
The proposed amendment has been necessitated in view of the vast changes in the social milieu over the past few years. Over the years, women have taken a stride in all spheres of life. The consequence is that women are acquiring property earned by their own skill. These situations do not seem to have been in the contemplation of legislators when the Act was initially enacted.
Social justice and the principle of equality as enshrined in article 14 of our Constitution demands that the women should be treated equally, both in the economic and the social sphere. Further, the Constitution of India not only grants equality to women but under article 15(3) also empowers the State to adopt measures of positive discrimination in favour of women for neutralizing the cumulative socio-economic, educational and political disadvantages faced by them.
The proposed Bill seeks to make changes in sections 3 and 15 of the Hindu Succession Act, 1956 so that first preference is given to the parental heirs of the wife over the husband’s heirs to inherit the self-acquired property of a women dying intestate in the absence of husband and any son or daughter of the deceased (including the children of any predeceased son or daughter).
It is expedient in public interest to make the aforesaid amendments with regard to self acquired property of women in the parent Act.
Hence this Bill.
Source:
https://164.100.24.219/BillsTexts/LSBillTexts/asintroduced/4596LS.pdf
