VITAL ROLE OF SUPREME COURT ON HINDU SUCCESSION – A JUDICIAL WALK
By P. Lavanya
In the law of land, the Supreme Court is the last resort for looking for justice. The protection of women’s right to property is not a new thing in the life of Supreme Court or High Courts in India. The explanation I of section 6 of the Hindu Succession Act, 1956 (before 2005 Amendment) was interpreted differently by the High Courts of Bombay, Delhi, Orissa and Gujarat in the cases where women’s rights to property was effected. In recent case laws once again, the Supreme Court has highlighted “equality before law” and “no one is supreme than others”. The legitimacy of claims must be interrogated in the light of legal, historical, political and cultural contexts. Such a contextual and critical analysis is crucial for effective protection of rights claims through law.
Hindu succession, Mitakshara, coparcenary, daughters.
|Information||Lex Humanitariae: Journal for a Change, Volume II issue IV, Pages 205-215|
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