<h1 class="ql-align-center"><strong style="color: rgb(230, 0, 0);">Hindu Succession Act</strong></h1><p class="ql-align-center"><br></p><h3><strong>Context&nbsp;</strong></h3><ul><li class="ql-indent-1">A Member of Parliament has urged the Central government to include <strong>women from the Scheduled Tribes (ST) communities in Hindu Succession Act.</strong></li></ul><h3><strong>Hindu Succession Act</strong></h3><ul><li class="ql-indent-1">The <strong>Mitakshara school of Hindu law </strong>was codified as the Hindu Succession Act, 1956.</li><li class="ql-indent-1">It was enacted to amend and codify the law relating to intestate or unwilled succession, among <strong>Hindus, Buddhists, Jains, and Sikhs.</strong></li><li class="ql-indent-2">It applied to everyone who is not a Muslim, Christian, Parsi or Jew by religion.&nbsp;</li><li class="ql-indent-2">Buddhists, Sikhs, Jains and followers of Arya Samaj, Brahmo Samaj, are also considered Hindus for this law.</li><li class="ql-indent-1">The Act lays down a uniform and comprehensive system of <strong>inheritance and succession into one Act.</strong></li><li class="ql-indent-1">According to Section 2 of the Act, the provisions of the Act apply to anyone who is a Hindu by religion which includes people belonging to the Virashaiva, a Lingayat community, or a follower of the Brahmo, Prarthana, or Arya Samaj.</li><li class="ql-indent-2">As per Section 2(2) of the Act, the provisions of the Act shall not apply to the members of any Scheduled Tribes as defined under Article 366 of the Constitution unless the Union Government makes a notification in the Official Gazette to direct otherwise.</li><li class="ql-indent-1">The Hindu Succession Act of 1956 however only recognised male members as legal heirs.</li></ul><h3><strong>Hindu Succession (Amendment) Act, 2005:</strong></h3><ul><li class="ql-indent-1">The 1956 Act was <strong>amended in September 2005 and women were recognised as coparceners for property partitions arising from 2005.</strong></li><li class="ql-indent-2">The law applied to <strong>ancestral property and intestate succession</strong> where such successions took place according to the law and not through a will.</li><li class="ql-indent-1"><strong>Section 6</strong> of the Act was amended to make a <strong>daughter of a coparcener </strong>also a coparcener by birth “in her own right in the same manner as the son”.</li><li class="ql-indent-1">It also gave the daughter the same rights and liabilities “in the coparcenary property as she would have had if she had been a son”.</li></ul><p class="ql-align-center"><br></p><h1 class="ql-align-center">PRELIMS NOTES:<a href="https://www.sunyaias.com/subscription-details/prelims-2023-sunya-notes-current-affairs" rel="noopener noreferrer" target="_blank" style="color: rgb(0, 102, 204);">CLICK HERE</a></h1>