Kamal’s Commentaries on Hindu Succession Act, 1956 by Ray – 6th Edition 2022

Description

Ray’s Commentaries on the Hindu Succession Act is a very popular and exhaustive book on the Hindu Succession Act, 1956. In the last Edition, important amendments to the Act by the Hindu Succession (Amendment) Act, 2005 which came into force with effect from 09.09.2005 by substituting a new Section 6 and deleting Sections 23 and 24 of the Act had been noted. In this present Edition, some important decisions of Section 6 has also enunciated to new provisions of Section 6 of the Act. It has obliterated all the vestiges of gender discrimination in the Act originally, by giving both the son and the daughter equal right in the Mitakshara coparcenary, both the son and the daughter shall inherit the Mitakshara father and such right has been declared from birth of both the son and the daughter. Section 23 also originally enunciated that the daughter would not be entitled to partition family dwelling house and it is only when the son sought for partition of the family dwelling house the daughter would get a share to which she is entitled under the Act. Now, Section 23 has been deleted and the Supreme Court has clearly held in several decisions that this deletion is retrospective in nature and if originally the daughter’s suit for partition of the family dwelling house was held to be invalid but because of this amendment even if the suit has been filed prior to the deletion of Section 23 from the Act, and if the said suit is pending either before the Appellate Court or before the High Court, the benefit of this amendment will enure to the daughter. Thus even if there was embargo, but if the embargo lifted during the pendency of the said suit, the daughter will get the benefit of her suit for partition of the family dwelling house and the same is also be held to be maintainable.

In this new Edition, special efforts have been made to incorporate the latest decision of the Supreme Court in Vineeta Sharma v Rakesh Sharma (2020)9 SCC 1 dealt exhaustively and including the amendment provisions of the Hindu Succession (Amendment) Act, 2005.

Board cannot but acknowledge the great help and assistance rendered by Shri Kamal Kumar Lodha of Kamal Law House in placing all the important decisions so that the present Edition also becomes as popular as the earlier Editions.

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