Include ‘father’ under Class I heir, says panel

The Law Commission of India has recommended to the Centre to amend Section 8 of the Hindu Succession Act to include “father” under Class I heir of the deceased male along with son, daughter, widow and mother. At present “father” is included only under Class II heir.

Section 8 contains general rules of succession in the case of males. Accordingly, the property of a male Hindu dying intestate shall devolve first upon the heirs specified in Class I of the schedule; second, if there is no Class I heir upon relatives specified in Class II; and third if there is no heir in the two classes, then upon the agnates of the deceased; and lastly, if there is no agnate upon the cognates of the deceased.

In 2005, certain amendments were made to the HAS by which four categories of heirs, hitherto placed in Class II, were elevated to Class I heirs, viz. daughter’s son’s son; daughter’s daughter’s daughter; daughter’s son’s daughter and son’s daughter’s daughter. While adding these categories to Class I, the corresponding entries were not deleted and they continued to remain in Class II.

Taking note of these discrepancies, the Law Commission, headed by Chairman Justice A.R. Lakshmanan, suo motu took up a further study and, after examining the issue in detail, recommended certain rectifications.

In its 204th report to be submitted to Union Law Minister H.R. Bhardwaj on Wednesday, the Commission said that it had made significant and useful suggestions that would go a long way in providing gender equality in the matters of succession of Hindu coparcenary property. The terms of reference enjoins the Commission to revise a Central Act of general importance to simplify them and remove anomalies. The Commission noted that whereas “mother” of Hindu coparcenary has been included in Class I heirs, “father” has been put in Class II heirs.

News Source : Samachar