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Report No. 204

7. Summary of Recommendations

1. The following entries should be deleted from class II (as these have been elevated to class I) in the Schedule.

Entry (II) (2) son's daughter's daughter

Entry (III) (2) daughter's son's daughter

Entry (III) (3) daughter's daughter's son

Entry (III( (4) daughter's daughter's daughter

2. The following entries should be deleted from class II and be added to class I heirs in the Schedule.

Entry (II) (1) son's daughter's son

Entry (III) (2) daughter's son's son.

3. 'Father' should be deleted from Entry I under class II and be inserted in class I after 'mother'.

4. Father's widow be deleted from Entry VI and included in Entry II after 'sister' as father's widow other than real mother.

5. (1) The following Rule shall be inserted in Section 10, after Rule 1,

Rule 2 - The surviving parents at the intestate's death shall together take between them one share.

(2) The following Rules 2, 3 and 4 shall be renumbered as Rules 3, 4 and 5 respectively.

(3) Mother shall be deleted from existing Rule 2 and renumbered Rule 3.

(4) The words "so on in succession" shall be added at the end of renumbered Rule 4.

6. Amendments recommended at Serial No. 1 to 3 above except to the extent to which these relate to the deletions in Class-II will not be necessary, if the alternative recommendation of revising class I heirs in the Schedule as follows is accepted.

Class I

1. Son, daughter, widow, parents (or mother and father).

2. In case any son or daughter dies before the intestate's death, then children of any such pre-deceased son or daughter, as the case may be, and widow of the pre-deceased son, if any.

3. And so in succession, among the heirs of the descending branches of successors being grand children and great grand children and widow of any grandson or great grandson, and so on, as the case may be, in the case of their pre-deceasing the intestate.

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

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