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Rule Of Succession

The rules of succession and the nature of estate taken by heirs under the Hindu Succession Act , are almost new. A uniform Law of succession to all those who were governed till then by different rules, according to the school to which person belonged ,has been evolved.

In regard to the property to which such rules are applicable, even an undivided interest of a coparcener under the Mitakshara Law has been made heritable property in certain circumstances.

No distinction has been made between a male and female heir of equal degree in the matter of inheritance, and limited estate of women who has inherited and those in possession as an heir has been enlarged in to an absolute one . There are also other changes particularly in the enumeration of heirs.. All these , it will be seen, are pertinent to law of succession. But that law is only a part of the Hindu Law.

Other branches of the Law like adoption had not been codified by the time the Act cane in to forces. Shastric or textual and customery Hindu Law continued to apply in respect of those matters.

Therefore while the Act can be regarded as a codea d interpreted with reference to matters dealt with by it on the principles referred to above, a different rule of interpretation will have to be adopted where the provision of the statute indifferently affects an un abrogated part of the pre existing Hindu Law.

That this will be so , will be apparent from very terms of Sec 4 which statutorily makes the provisions of the Act comprehensive.

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