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Hindu Succession Act,1956

(Querist) 15 June 2008 This query is : Resolved 
As per Hindu Succession Act,1956 sec.2of sub.sec.2.the provision of that act will apply to member of Scheduled Tribe whitin the meaning of Clause 25 of Article 366 of the Constitution of India?
amit gupta_lawyer (Expert) 15 June 2008
yes it will apply to them if they fall within the ambit of defination of hindu give below.
1. Short title and extent.--(1) This Act may be called the Hindu Succession Act, 1956.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

2. Application of Act. --(1) This Act applies --

(a) to any person, who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj;

(b) to any person who is a Buddhist, Jaina or Sikh by religion ; and

(c) to any other person who is not a Muslim, Christian, Parsi or Jew by religion unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealth with herein if this Act has not been passed.

Explanation.--The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:

(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;

(b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged;

(c) any person who is a convert or reconvert to the Hindu, Buddhist, Jaina or Sikh religion.

(2) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of Cl. (25) of Art. 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.

(3) The expression "Hindu" in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section.

arunprakaash.m. (Expert) 16 June 2008
This is a obstansible clause. So the Act does not apply to the S.T. cummunity who are schudule tribe under the standing orders of President of India.
Ladhu Ram Chowdhary (Querist) 19 June 2008
what important case law of s.c.about my question
Ladhu Ram Chowdhary (Querist) 05 July 2008
Whether members of any scheduled Tribe following the hindu traditions that sub-section 2 of Hindu succession Act apply or not ?


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