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The Hindu Succession Act, 1956 is an Act of the Parliament of India enacted to amend, codify and secularize the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs. [1] The Act lays down a uniform and comprehensive system of inheritance and succession into one Act.
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The Dāyabhāga is a Hindu law treatise written by Jīmūtavāhana which primarily focuses on inheritance procedure. The Dāyabhāga was the strongest authority in Modern British Indian courts in the Bengal region of India, although this has changed due to the passage of the Hindu Succession Act of 1956 and subsequent revisions to the act. [1]
While there may be a permanence of certain fundamental beliefs about the nature of life that is pervasive through Hinduism, Hindus as a group are highly non-homogenous.As Derrett says in his book on Hindu law, "We find the Hindus to be as diverse in race, psychology, habitat, employment and way of life as any collection of human beings that might be gathered from the ends of the earth."
The Hindu Succession (Amendment) Act, 2005, an amendment to the Hindu Succession Act, 1956, received the assent from President of India on 5 September 2005 and was given effect from 9 September 2005. [1] It was essentially meant for removing gender stereotype provisions regarding property rights in the Hindu Succession Act, 1956.
Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. [1] [2] [3] Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the nature of law discovered in ancient and medieval era Indian texts. [4]
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It is from here that the Hindu Personal Law had its beginning; and more appropriately so in 1772, when Warren Hastings appointed ten Brahmin pandits from Bengal to compile a digest of the Hindu scriptural law in four main civil matters—marriage, divorce, inheritance and succession. [1]