Hindu Succession Act, 1956 Flashcards

These are the major vocabulary and question answer flashcards related to the video transcription.

government

Under the doctrine of escheat, the property of the intestate will pass to the __.

Section 14 of the Hindu Succession Act, 1956

Introduced as a step in the direction of a practical recognition of the equality of sexes and meant to elevate women from a subservient position in the economic field, to a higher pedestal, where they could exercise full powers of enjoyment and dispose of property held by them, as owners, untrammeled by artificial limitations placed on their rights of ownership by the society in which the will of the dominant male prevailed to bring about a subjugation of the opposite sex.

Stridhan

Property received by way of gifts and presents given to a woman by her parents, husband, or close relations at various occasions.

Non-stridhan

Property that a woman inherited from a male or a female relation.

Saudayika

Gifts, presents, or property received by way of bequests from parents and other relations, conferring on her an absolute power of alienation, irrespective of her marital status.

Non-saudayika stridhan

Property received from non-relations, her powers of alienation were curtailed after marriage, as the husband’s consent was necessary before she could part with it by way of a transfer.

Hindu Women’s Right to Property Act

Act passed in 1937 to give better property rights to women.

limited

Under the Hindu Women's Right to Property Act, the Hindu widow's share was a __ interest.

Hindu Women’s Rights to Property Act

Governed the devolution of the property of a male Hindu only and not the property of a female.

The limited ownership terminated on her death, going back to the heirs of her husband.

As per the Act, what happens to the limited ownership of property after the death of a female?

Section 14 of the Hindu Succession Act, 1956

Converts the limited ownership into a full fledged ownership and also ended the confusion and controversy regarding the exact share that the widow took on the death of her husband as an undivided member in the Mitakshara coparcenary.

Purposes of Hindu Succession Act, 1956

The basic objectives were to remove the disability imposed under Hindu law on a woman, to hold the property only as a limited owner and to convert the then existing limited ownership, into an absolute ownership.

possessed

The first requirement for the conversion of a limited interest into an absolute interest is, that the property should be __ by a Hindu female, as a limited owner.

voluntary

Loss of possession by a __ transfer deprives a widow of the possession of the property in law and such an estate, which has not been possessed by the widow, would not be converted into an absolute estate

Yes, if her right was called in question subsequent to it.

Even after the commencement of the Act, will reconveyance in favor of a widow convert the property into an absolute estate?

1983

The Hindu Widow Remarriage Act 1856, which was passed to validate and legalize the marriage of Hindu widows was repealed in __.

discrimination

The petitioner, in the case challenging Section 14(1), alleged that Section 14 was an example of hostile __.

Article 15(3)

What article of the Constitution allows the State to enact special provisions in favor of women and children?

absolute

Inherited property taken by a Hindu woman under the Hindu Widows’ Right to Property Act, 1937 matures into an __ estate on passing of this Act

manner

The Act says property acquired in any __ whatsoever will be held as an absolute owner.

life

If a person wants to settle his property in favour of a woman by creating a __ interest in it, he is competent to do so

rights

The test to determine whether a case would be governed by cl. (1) or by cl (2) of s. 14, is that, irrespective of whether a woman receives the property under a gift or Will, if she receives the property in recognition of or in lieu of her pre-existing __, then it is covered under s. 14(1)

Hindu female

Section 15 is the first statutory enactment dealing with succession to the property of a __ intestate.

blood relations

With respect to the categorisation of heirs, in case of a married woman, her ___ are relegated to a very inferior placement in comparison to the entire category of the heirs of her husband.

in the womb of their mother

According to the code a child may inherit if she is __

uncodified Hindu law

Prior to 1956, the property of a woman went according to the rules provided under the __.

IV

A step-son will succed to her property under clause _

"Heirs of the husband"

In Debrata Mondal v. State of West Bengal, it was held that step-sons are the heirs to Hindu women and are covered in the category of __.

Nearness relationship, love and affection

What does the textbook cite as the law mostly followed on inheritance on pg. 66?

gender discrimination

Family law provisions have often been challenged on grounds of __.

father

The Act provides that the property inherited from the __, would revert to the heirs of the father in case the female Hindu dies issueless.

Dayabhaga and the matriarchal system

What are the names of the systems in the provided text?