Basic interpretation of law
Querist :
Anonymous
(Querist) 07 September 2011
This query is : Resolved
Sec4 of Hindu succession act 1956 .(1) Save as otherwise expressly provided in this Act,-
(a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act.
(b) any other law in force immediately before the commencement of this Act shall cease to apply to Hindus in so far as it is inconsistent with any of the provisions contained in this Act.
(2) For the removal of doubts it is hereby declared that nothing contained in this Act shall be deemed to affect the provision of any law for the time being in force providing for the prevention of fragmentation of agricultural holdings or for the fixation of ceilings or for the devolution of tenancy rights in respect of such holdings.
NOW SIR SUBSECTION4(2) HAS BEEN DELETED VIDE AMENDMENT IN 2005.WHAT WILL BE EFFECT OF THIS AMENDMENT ON SUCCESION RULES IN CASE OF PROPERTIES OF HINDU PERSON DYING INTESTATE.IN CASE OF AGRICULTURAL LAND AND OTHER PROPERTIES OF HINDU DYING INTESTATE.
IN MY VIEW NOW AGRICULTURAL LAND AND OTHER ASSETS SUCCESSION RULES WILL BE GOVERNED BY HSA 1956 ONLY..CONSTITUTION HAS DIVIDED MATTERS ON WHICH STATE CAN FRAME LAW AND ON WHICH CENTRE CAN FRAME LAW .WHAT IS YOUR OPINION ON THIS LAW EXPERTS.GIVE WITH REASON
Querist :
Anonymous
(Querist) 07 September 2011
THIS SECTION 4 OF HSA 1956 IS TITLED AS OVERRIDING EFFECT OF ACT.
prabhakar singh
(Expert) 07 September 2011
It is repeated one.you have got the answer yesterday,if you can not bank on that bank on your self,that is the best way.
