An Anomaly Created by Repeal of Hindu Women's Right to Property Act
By
K. P. Sharda
In this short article, I want to discuss the legal anomaly created by the repeal of Hindu Women's Right to Property Act, 1937 by S. 31 of Hindu Succession Act, 1956.
As is well known, the Hindu Women's Right to Property Act, 1937 was enacted to confer new rights of succession on certain females viz : widows. The three female heirs mentioned in sub-sections (1) to (3) were brought on the same level as the male issue of the last owner along with the male issues of in default of them. The Act also put the widow of a member of joint family in the place of her deceased husband and the husband's interest in the joint family property under the Mitakshara vested immediately upon his death in the widow by succession and not by survivorship.
Now, the said Act was repealed by S. 31 of the Hindu Succession Act, 1956, because of the fact that Hindu Succession Act, 1956 itself made provision conferring rights of succession to widows and other female heirs. But S. 2(2) of the Hindu ....