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dated March 24, 1955: Hindu Succession Bill

The Rajya Sabha on March 22 began consideration of the Hindu Succession Bill, an important social legislation. The Bill, the third instalment of the Hindu Code, seeks to amend and codify the law relating to intestate succession. Mr. H.V. Pataskar, Minister in the Ministry of Law, who moved the motion to refer the Bill to a Joint Select Committee, explained that, with the exception of a few orthodox sections, the measure had received generous support from all quarters. He pointed out that the Bill did not affect the joint family property and succession to property which was regulated by the Indian Succession Act. The people of Malabar who were governed by the Marumakkatayam Act were also excluded from the scope of the Bill. The two controversial aspects of the Bill, said Mr. Pataskar, related to the admission of a daughter for a share in property and to the quantum of property to be allotted to her. He maintained that the days had gone when women could be considered incompetent to deal with property. The only question was about the quantum. Those who spoke on the Bill not only supported it but went a step further demanding equal share for daughters along with sons. Others urged that even joint family property should be brought under the purview of the Bill. Mr. Pataskar told the House that though the Bill excluded joint family property from its scope, he was willing to be guided by the wishes of the House. The question of Hindu law of intestate succession had been before the country and the Legislature in one form or the other since 1939.

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