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Report No. 204

Class II

I. Father.

II. (1) Son's daughter's son, (2) son's daughter's daughter, (3) brother, (4) sister.

III. (1) Daughter's son's son, (2) daughter's son's daughter, (3) daughter's daughter's son, (4) daughter's daughter's daughter.

IV. (1) Brother's son, (2) sister's son, (3) brother's daughter, (4) sister's daughter.

V. Father's father; father's mother

VI. Father's widow; brother's widow.

VII. Father's brother; father's sister.

VIII. Mother's father; mother's mother.

IX. Mother's brother; mother's sister.

Explanation:- In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood.

A bare perusal of the aforesaid two classes reveals certain anomalies that seem to have inadvertently crept in. For example, daughter's daughter's son and son's daughter's daughter find mention in both the classes. Further, whereas mother is included in class I, father's widow is included in class II. There is apparent ambiguity that needs clarification. The reading of class I ex-facie is quite complex and cumbersome.

The terms of reference with which the Commission has been set up, inter alia, enjoins upon it to revise the Central Acts of General Importance so as to simplify them and to remove anomalies, ambiguities and inequities. In view of this, the Commission considered it appropriate to take up further revision of the amended HSA with a view to simplify the two classes and remove the anomalies resulting from legislative inadvertences.

Proposal to amend the Hindu Succession Act, 1956 as amended by Act 39 of 2005 Back

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