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Report No. 81

4.2. Likelihood of confusion in view of Hindu Succession Act.-

This provision is also likely to create misunderstanding as to the legal position of a childless widow. Even if any such disability was enforce under any school of uncodified or unamended Hindu law,1 the position under the Hindu Succession Act, 1956 is now different. That Act recognises no such disability in relation to the right of inheritance. Where it confers such a right on a widow, that right is conferred without any distinction between childless widows and others. If a widow is, under that Act, entitled to succeed to the estate of any person-whether male or female-and is not barred from doing so by reason of a disability specifically laid down in that Act2, then no other disability can be super-imposed, in view of the avowed object of that Act, namely, to "amend and codify" the law. On this ground alone, section 4 of the Act of 1856 requires to be repealed as inconsistent with the present law.

1. Para. 4.4 and 4.5, infra.

2. E.g. section 25, Hindu Succession Act, 1956.

Hindu Widows Re-marriage Act, 1856 Back

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