The Hindu : National : Who should get self-acquired property of woman intestate?

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Wednesday, Jun 11, 2008
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Who should get self-acquired property of woman intestate?

Special Correspondent

NEW DELHI: The Law Commission has suggested that the self-acquired property of a woman who dies without leaving a will or heirs be inherited equally by the heirs of her husband and her parents, and in the absence of her parents, by the heirs of her husband as well as her father’s heirs.

Recommending amendments to Section 15 of the Hindu Succession Act, 1956, the Commission in its 207th report said this section did not differentiate between the property inherited and the self-acquired property of a Hindu female; it only prescribed that if a property was inherited from her husband or father-in-law, it would go to her husband’s heirs and if the property was inherited from her parent, it would go to the heirs of her father, and not to her husband’s heirs.

Section 15 has not clearly enumerated and considered succession of a Hindu female’s property where it is self-acquired and the same would devolve on her husband’s heirs. Under the Hindu Succession Act, the basis of inheritance of a property of a Hindu female, who dies intestate, is the source from which she came into possession of it and the manner of inheritance will decide the manner of devolution.

The subject matter was taken up by the Commission suo motu in view of the vast social changes in the past few years. Women have made strides in all spheres and are owning property earned by their skills. These situations do not seem to have been in the contemplation of legislators when the Hindu Succession Act was enacted, the Commission said in its report.

When amendments were made to entitle women to inherit property from her parental side as well as from her husband’s side, it would be quite justified if equal right was given to her parental heirs along with her husband’s heirs to inherit her property.

Another recommendation concerns enactment of a new Coroners Act to be made applicable throughout India. The recommendation, in the form of the Coroners Bill 2008, appended to the 206th report, provides for appointment of a coroner for each district and also for each Union Territory.

The existing Coroners Act, 1871, a Central Act, applies only to very limited territorial jurisdiction — the ordinary original jurisdiction of the High Courts of Calcutta and Bombay.

The matter was taken up by the Commission following a Delhi High Court order for examining whether a piece of legislation such as the Coroners Act, 1988, prevalent in the U.K. was needed in the country.

The Commission took up a study to examine the Coroners Act, 1871; the Coroners Act, 1988 (U.K.) and various other legislation so as to include the right to know the correct cause of death of any person, especially when it is unnatural and reported under suspicious circumstances.

Commission Chairman A.R. Lakshmanan presented both reports to Union Law Minister Hansraj Bhardwaj here on Tuesday.

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