The Hindu : National : Placing ‘father’ under Class I heir justified: law panel

Online edition of India's National Newspaper
Thursday, Feb 07, 2008
ePaper | Mobile/PDA Version

National

National

Placing ‘father’ under Class I heir justified: law panel

Legal Correspondent

New Delhi: The Law Commission, which has recommended amendment of Section 8 of the Hindu Succession Act to include ‘father’ under Class I heir of the deceased male along with son, daughter, widow and mother, has justified the elevation. At present ‘father’ is included only under Class II heir.

The 204th report submitted by panel chairman Justice A.R. Lakshmanan to Union Law Minister H.R. Bhardwaj on Wednesday says ‘father,’ who is certainly a very close relative rather than anyone coming in the Class II, assumes more importance in view of the recent enactment of the “Senior Citizens (Maintenance, Protection and Welfare) Act, 2007 wherein it is now made mandatory that every person should maintain his parents and failure will result in punishment.

It is but natural and logical to expect that a ‘father’ should be given the right of inheritance of the property of his son like a ‘mother.’

As such, pushing ‘father’ beyond a third generation ‘daughter’s daughter’s daughter etc’ has no meaning. Why a preference to the more close relatives should be given up — in place of third generation relatives who in our society may not have any contact with the person dying intestate — is not known, says the report.

“Anomaly”

Further, almost all Class I heirs — sons, daughters and grandchildren — have the duty to maintain the parents or grandparents as per the 2007 Act.

There is no duty cast upon the great grandchildren to look after their great grandparents, whereas they have been given equal right to share as Class I heirs. This is certainly an anomaly. This can be rectified only by including ‘father’ in Class I.

The Commission also recommends deletion of four categories of heirs placed in Class II as they had already been included in Class I heirs as per the 2005 amendment to the HSA, viz. daughter’s daughter’s son; daughter’s daughter’s daughter; daughter’s son’s daughter and son’s daughter’s daughter.

The Commission has suggested that the daughter’s son’s son and son’s daughter’s son be added in Class I.

Printer friendly page
Send this article to Friends by E-Mail

National