Hindu succession amendment act 2005 repealed ?
basavaraj shiromani
(Querist) 24 July 2015
This query is : Resolved
Hindu Succession amendment Act 2005 is repealed on 13-5-2015. what is your opinion regarding the said repealed act which is attached herewith.
P. Venu
(Expert) 25 July 2015
Please inform us of the text.
basavaraj shiromani
(Querist) 25 July 2015
Thank your verymuch. Please see The repealing and amending act 2015 No: 17 of 2015 dt: 13-5-2015
Anirudh
(Expert) 25 July 2015
Dear Mr. Basavaraj,
I have seen the THE REPEALING AND AMENDING ACT, 2015.
What is your query? or on what point you expect the opinion?
Have you already some views?
Please indicate, before one could come back to your query.
Rajendra K Goyal
(Expert) 25 July 2015
Author need to reply the questions from expert Anirudh.
Charanjit Singh Ghumman
(Expert) 26 July 2015
Dear Sh. Basavraj,
It is news that the amendement has been deleted. Does it mean that Section 23 is back on the Statute after being ommitted by the amendment of 2005?. Can kkep possession of my house which is in my ocupation without any partition being forced on me from my sisters?
I have been in a soup since my sisters have been seeking Auction of the Property in Chandigarh as in Chandigarh the partition by metes and bounds is not permitted.
Kidly enlighten me on the subject
Thankfully yours,
C.S.Ghumman
Charanjit Singh Ghumman
(Expert) 26 July 2015
Dear Sh. Basavraj,
It is news that the amendement has been deleted. Does it mean that Section 23 is back on the Statute after being ommitted by the amendment of 2005?. Can I keep possession of my house which is in my ocupation of which I am part owner. without any partition being forced on me from my sisters?
I have been in a soup since my sisters have been seeking Auction of the Property in Chandigarh as in Chandigarh the partition by metes and bounds is not permitted.
Kidly enlighten me on the subject
Thankfully yours,
C.S.Ghumman
Anirudh
(Expert) 27 July 2015
Dear Mr. Charanjit,
Please try to understand the legislative process.
1. There existed the Hindu Succession Act, 1956.
2. Certain provisions (say Sec. 6) in the HSA 1956 was amended by passing The Hindu Succession (Amendment) Act, 2005.
3. Once the Amending Act was passed by the parliament and notified by the Govt., the original HSA 1956 stands amended to that extent.
4. After such amendment, now there are two independent Acts (i) HSA 1956 after amendment and (ii) the Amending Act, 2005. Both are standing as independent Acts.
5. After the original HSA 1956 stood amended, there is no purpose and need for the Amending Act, 2005 to stand on the statute book. Its purpose stands already fulfilled. Therefore, it has been repealed.
6. This repealing does not affect the Amended HSA 1956. Thus, the repeal of the Ammending Act, 2005 will not in any way affect the rights of daughters in the family.
P. Venu
(Expert) 27 July 2015
It is my considered opinion that an Amending Act requires no repeal.
The objective of an Amending Act is to incorporate the amendments, as amended, in the Enactment(s) concerned. Once the Legislature has passed the Bill and the Act is duly notified, the amendments gets incorporated and the Enactment(s) stands amended. With this Amending Act outlives it purpose.
As such there s no sense, reason or logic in introducing a Bill in the Parliament to repeal a spent Amending Act.
THE REPEALING AND AMENDING ACT, 2015 contains many an Amending Act among the Laws to be repealed. This is an anomalous situation and is prone to create confusion and misunderstanding.
basavaraj shiromani
(Querist) 27 July 2015
Mr.Charanjit repealing of Hindu Succession Act 2005 little bit it creates confusion. After repeling the said Act, the Original Act remains and go through the same. I appreciate the opinion of Expert Anirud and P.Venu. Thank you
Charanjit Singh Ghumman
(Expert) 28 July 2015
Dear Experts,
Thank you very much. What Sh.Anirudh says makes intelligle sense.
The Act now stands amended as the latest act if I understand correctly.
The rights of my sisiters remaain as they are. I appreciate the situation and will solve it amicably.It is great to learn or rather re-learn which was clear in first place.
Thank You,
Charanjit Singh Ghumman
T. Kalaiselvan, Advocate
(Expert) 31 July 2015
