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Hindu Succession Act, 1956

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An act of parliament , as a form of primary legislation , is a text of law passed by the legislative body of a jurisdiction (often a parliament or council ). In most countries with a parliamentary system of government, acts of parliament begin as a bill , which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the executive branch .

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38-504: The Hindu Succession Act, 1956 is an Act of the Parliament of India enacted to amend, codify and secularize the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs. The Act lays down a uniform and comprehensive system of inheritance and succession into one Act. The Hindu woman's limited estate is abolished by the Act. Any property possessed by a Hindu female

76-468: A Hindu under the Act though he may not be a Hindu by religion but is, nevertheless, a person to whom this Act applies under the provisions contained in this section. However it has been provided that notwithstanding the religion of any person as mentioned above, the Act shall not apply to the members of any Scheduled Tribe within the meaning of clause (25) of Article 366 of the Constitution of India unless

114-416: A singular legislative body. Supporters of multicameralism also posit that a critical weakness of a unicameral system can be a potential lack of restraint on the majority ( mob rule ) and incompatibility with the separation of powers between the legislative and executive branches of government, particularly noticeable in parliamentary systems where the leaders of the parliamentary majority also dominate

152-494: Is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with a Westminster system , most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a " white paper ", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced into parliament without formal government backing; this

190-448: Is known as a private member's bill . In territories with a multicameral parliament, most bills may be first introduced in any chamber. However, certain types of legislation are required, either by constitutional convention or by law, to be introduced into a specific chamber. For example, bills imposing a tax , or involving public expenditure , are introduced into the House of Commons in

228-445: Is passed by Parliament it becomes an act and part of statute law. There are two types of bill and act, public and private . Public acts apply to the whole of the UK or a number of its constituent countries – England, Scotland, Wales and Northern Ireland. Private acts are local and personal in their effect, giving special powers to bodies such as local authorities or making exceptions to

266-489: Is the Tricameral Parliament of the waning days of Apartheid South Africa; established in an effort to stabilize the collapsing Apartheid system, it was intended to give limited representation to the country’s Cape Coloured and Indian populations to stabilize white-minority rule. The assembly failed to stem calls for universal suffrage , and was tremendously unpopular with the non-white population. When apartheid

304-413: Is the condition in which a legislature is divided into more than two deliberative assemblies, which are commonly called "chambers" or "houses". This usually includes tricameralism with three chambers, but can also describe a system with any amount more. The word "multicameral" can also relate in other ways to its literal meaning of "many chambered" with use in science or biology. Approximately half of

342-533: Is to be held by her as absolute property and she is given full power to deal with it and dispose it of by will as she likes. Some parts of this Act were amended in December 2004 by the Hindu Succession (Amendment) Act, 2005 . This Act applies to the following: Explanation as to who shall be considered as Hindus, Buddhists, Jains, or Sikhs by religion has been provided in the section: A person shall be treated as

380-632: The Central Government , by notification in the Official Gazette , otherwise directs. Surajmani Stella Kujur Vs. Durga Charan Hansdah-SC The property of a Hindu male dying intestate, or without a will, would be given first to heirs within Class I. If there are no heirs categorized as Class I, the property will be given to heirs within Class II. If there are no heirs in Class II, the property will be given to

418-626: The Grand Duchy of Finland was seized by Russia from Sweden, the four-chambered Diet of Finland , of identical structure to the Swedish Riksdag of the Estates, was established. It continued to legislate for Finland until 1906, being the only ancient legislature to survive to the 20th century while maintaining the traditional estates. In that year, the Diet’s four ancient chambers were disbanded and replaced by

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456-459: The Parliament of England did not originally have titles, and could only be formally cited by reference to the parliamentary session in which they were passed, with each individual act being identified by year and chapter number. Descriptive titles began to be added to the enrolled acts by the official clerks, as a reference aid; over time, titles came to be included within the text of each bill. Since

494-624: The Parliament of India , every bill passes through following stages before it becomes an Act of Parliament of India : In the Irish Parliament, the Oireachtas , bills pass through the following stages. Bills may be initiated in either the Dáil or the Seanad, and must pass both houses. In New Zealand, the bill passes through the following stages: A draft piece of legislation is called a bill ; when this

532-503: The head of state . In some countries, such as in France, Belgium, Luxembourg , Spain and Portugal, the term for a bill differs depending on whether it is initiated by the government (when it is known as a "draft"), or by the parliament (a "proposition", i.e., a private member's bill). In Australia, the bill passes through the following stages: In Canada, the bill passes through the following stages: The committee considers each clause of

570-457: The nobility , the clergy , the burghers , and the peasants . The Swedish and Finnish Riksdag of the Estates survived the longest of these bodies, having four separate legislative houses. Sweden abandoned its four-chamber parliament in 1866, transitioning to a bicameral Riksdag for more than a century before moving to today’s unicameral assembly in 1974 (see History of the Riksdag ). When

608-434: The 19th century, tricameral legislatures have been a rare constitutional curiosity, with the overwhelming majority of assemblies having one or two chambers. The Federal Assembly of Yugoslavia originally had five chambers. After Yugoslavia adopted a new constitution in 1963 , its legislature was restructured into four chambers each representing the various sectors of Yugoslav society with an additional chamber representing

646-572: The 43rd act passed in 1980 would be 1980 chapter 43. The full reference includes the (short) title and would be the Magistrate's Court Act 1980 (c. 43). Until the 1980s, acts of the Australian state of Victoria were numbered in a continuous sequence from 1857; thus the Age of Majority Act 1977 was No. 9075 of 1977. Multicameralism In contrast to unicameralism , and bicameralism , multicameralism

684-468: The Hindu Succession Act, 1956. It revised rules on coparcenary property, giving daughters of the deceased equal rights with sons, and subjecting them to the same liabilities and disabilities. The amendment essentially furthers equal rights between Hindu males and females in society through legislation. Act of Parliament A draft act of parliament is known as a bill . In other words, a bill

722-549: The House of Commons, or S- if they originate in the Senate. For example, Bill C-250 was a private member's bill introduced in the House. Bills C-1 and S-1 are pro forma bills, and are introduced at the beginning of each session in order to assert the right of each Chamber to manage its own affairs. They are introduced and read a first time, and then are dropped from the Order Paper . In

760-524: The United Kingdom, Canada's House of Commons , Lok Sabha of India and Ireland's Dáil as a matter of law. Conversely, bills proposed by the Law Commission and consolidation bills traditionally start in the House of Lords . Once introduced, a bill must go through a number of stages before it can become law. In theory, this allows the bill's provisions to be debated in detail, and for amendments to

798-455: The ancient assemblies in Europe, only Finland’s survived to see the 20th century. As the armies of Revolutionary France conquered much of Europe in the name of liberalism and popular sovereignty , most countries’ newly established or re-established legislative assemblies were structured after either the (originally) unicameral French National Assembly or the bicameral British Parliament . Since

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836-506: The bill, and may make amendments to it. Significant amendments may be made at the committee stage. In some cases, whole groups of clauses are inserted or removed. However, if the Government holds a majority, almost all the amendments which are agreed to in committee will have been tabled by the Government to correct deficiencies in the bill or to enact changes to policy made since the bill was introduced (or, in some cases, to import material which

874-722: The clause stand part of the bill are made. In the Report stage, the debate is on the motions for specific amendments. Once a bill has passed both Houses in an identical form, it is presented to the Governor General , who gives it royal assent . Although the Governor General can refuse to assent a bill, this power has never been exercised. Bills being reviewed by Parliament are assigned numbers: 2 to 200 for government bills, 201 to 1000 for private member's bills , and 1001 up for private bills . They are preceded by C- if they originate in

912-433: The deceased's agnates or relatives through male lineage. If there are no agnates or relatives through the male's lineage, then the property is given to the cognates or any relative through the lineage of females. There are two classes of heirs that are delineated by the Act. Class I heirs are sons, daughters, widows, mother and grandchildren If there is more than one widow, multiple surviving sons, or multiples of any of

950-462: The general population. The Federal Assembly was the only legislature anywhere with five chambers, and a constitutional amendment added a sixth component described as either a chamber or sub-chamber. Yugoslavia adopted yet another constitution in 1974 , abolishing the Federal Assembly and replacing it with a bicameral legislature. Perhaps the best-known multicameral assembly in modern times

988-663: The law in particular geographic areas. In the United Kingdom Parliament, each bill passes through the following stages: In the Scottish Parliament, bills pass through the following stages: There are special procedures for emergency bills, member's bills (similar to private member's bills in the UK Parliament), committee bills, and private bills. In Singapore, the bill passes through these certain stages before becoming into an Act of Parliament. Acts passed by

1026-569: The legislature. Many societies in Medieval Europe had quasi-legislative assemblies in the form of the Estates of the Realm , typified by those of France . Typically, this body had three chambers representing the three grand divisions of society; the clergy, nobles, and commoners; however, this was not universally the rule; Medieval Scandinavian deliberative assemblies traditionally had four estates:

1064-491: The mid-nineteenth century, it has also become common practice for acts to have a short title , as a convenient alternative to the sometimes lengthy main titles. The Short Titles Act 1892 , and its replacement the Short Titles Act 1896 , gave short titles to many acts which previously lacked them. The numerical citation of acts has also changed over time. The original method was based on the regnal year (or years) in which

1102-452: The modern unicameral Parliament of Finland . The Parliament of England developed in the opposite direction, merging the two aristocratic estates into the House of Lords , the archetypal upper house ,leaving the House of Commons as the elective lower house ; in time, the English and later British parliaments became the standard model on which the modern bicameral legislature is based. Of

1140-422: The original bill to also be introduced, debated, and agreed to. In bicameral parliaments, a bill that has been approved by the chamber into which it was introduced then sends the bill to the other chamber. Broadly speaking, each chamber must separately agree to the same version of the bill. Finally, the approved bill receives assent; in most territories this is merely a formality and is often a function exercised by

1178-505: The other heirs listed above, each shall be granted one share of the deceased's property. Also if the widow of a pre-deceased son, the widow of a pre-deceased son of a pre-deceased son, or the widow of a brother has remarried, she is not entitled to receive the inheritance. Class II heirs are categorized as follows and are given the property of the deceased in the following order: Under the Hindu Succession Act, 1956, females are granted ownership of all property acquired either before or after

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1216-415: The relevant parliamentary session met. This has been replaced in most territories by simple reference to the calendar year, with the first act passed being chapter 1, and so on. In the United Kingdom, legislation has referenced by year and chapter number since 1963 ( Acts of Parliament Numbering and Citation Act 1962 ). Each act is numbered consecutively based on the date it received royal assent, for example

1254-424: The signing of the Act, abolishing their "limited owner" status. However, it was not until the 2005 Amendment that daughters were allowed equal receipt of property as with sons. This invariably grants females property rights. The property of a Hindu female dying intestate, or without a will, shall devolve in the following order: Any person who commits murder is disqualified from receiving any form of inheritance from

1292-494: The various important sectors of society (such as culturally or linguistically distinct, geographically different or similarly interested populations that comprise a country - i.e. the various states of the United States of America or provinces of Canada , each with their own geographical borders, subcultures, interests and even languages i.e. English , French , Spanish ), which may not be able to be adequately represented by

1330-416: The victim. If a relative converts from Hinduism, he or she is still eligible for inheritance. The descendants of that converted relative, however, are disqualified from receiving an inheritance from their Hindu relatives, unless they have converted to Hinduism before the death of the relative. The Hindu Succession (Amendment) Act, 2005 , amended Section 4, Section 6, Section 23, Section 24 and Section 30 of

1368-433: The world's sovereign states are unicameral, and newer democracies and more recent constitutions are more often unicameral than not. More specifically many countries have switched to unicameralism whereas the opposite is rare. Nevertheless, many current parliaments and congresses still have a multicameral (usually bicameral) structure, which some claim provides multiple perspectives and a form of separation of powers within

1406-506: Was abolished , the Tricameral Parliament disappeared with it, replaced with today’s bicameral assembly . Proponents of multicameral legislatures hold that multiple legislative chambers offer the opportunity to re-debate and correct errors in either chamber in parallel, and in some cases to introduce legislation in either chamber. Advocates of multicameralism also contend that multiple legislative chambers are (best) able to represent

1444-499: Was not ready when the bill was presented). The debate on each stage is actually debate on a specific motion. For the first reading, there is no debate. For the second reading, the motion is "That this bill be now read a second time and be referred to [name of committee]" and for third reading "That this bill be now read a third time and pass." In the Committee stage, each clause is called and motions for amendments to these clauses, or that

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