Disqualification In Hindu Law

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Introduction Laws are social digesters and seldom are they neutral. They have Masculine flavor especially with reference to family laws. Making of laws, administering the laws or resolution of disputes arising out of implementation of laws are totally considered of male bastion and equitable gestures, if any, towards women came out of men’s sympathies for women’s problems. The principle of equality is equated with “sameness treatment “in an inherently unequal society. The Hindu succession act 1956 came with the objective of providing a comprehensive and uniform scheme of intestate succession for Hindus. As I have researched on the “Disqualification” under this topic, According to Hindu law, the inheritance rights of person were not absolute.…show more content…
Diseases 4. Conduct The research is mainly focused on the law enforcement of Hindu succession act, 2005, laws related in context of disqualification, Consequence of disqualification and under which circumstances person shall not be disqualified from succeeding to any property. Old Hindu Law Under old Hindu Law the inheritance rights of a person were not absolute and there were several disqualifications based on mental infirmities, physical defects, diseases and conduct. Despite the nearness of relationship, a person could still be disqualified from inheriting property on account any of the above mentioned disqualifications. This exclusion from inheritance was not merely on religious grounds , viz, an incapability to perform religious rites, but depended upon social and moral grounds and bodily defects as well. Modern Hindu Law The law relating to succession for Hindu’s is governed by Hindu Succession Act, 1956. under this Act Sections 24 to 28 deal with disqualifications of heirs. Section 28 lays down that no person shall be disqualified from succeeding to any property on any ground except those expressly mentioned in the Act and they are as follows: 1. In case of remarriage by certain widows mentioned under…show more content…
From these detailed discussion it can be inferred that under these Act disqualification takes place only in case of remarriage by the widows mentioned in S.24, murder or abetment to murder for furtherance of chance of property (S.25) and by conversion (S.26). It has been expressly provided in S.28 that all other grounds of disqualifications which were prevalent prior to the commencement of this Act have been abolished except those expressly mentioned under this Act. Due to these several grounds such as unchastity, lunacy, idiocy, physical deformity, disease, specific conduct, etc are no more grounds of disqualifications. Under old Hindu law, blindness, deafness, dumbness, want of limb or organ, lunacy, idiocy, leprosy and other incurable disease disqualified a person from inheriting but the Hindu Inheritance (Removal of Disabilities) Act, 1928 declared that no person shall be excluded from inheritance on any of these grounds unless he was from birth lunatic or an idiot but this Act have removed this disqualification provided under Hindu Inheritance (Removal of Disabilities) Act,
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