Friday 6 September 2013

HINDU SUCCESSION (AMENDMENT) BILL, 2013 By ANURAG SINGH THAKUR, M.P.

Already Kapil Sibal desperate to pass a Husband Killer Property Garbing LAW in name of Easy Divorce to Women.



The main reason had given that women in India does not have property and whatever a Husband earned to that wife also have contribution,so she should get the right irrespective the marriage run for 10 days or 10years. So, instead of making the same Spouse , he pushed that only Husbands immovable+movable + inherited/inheritable assets to be considered by Court and wife should get her share irrespective the Divorce happens for the Fault of Husband or wife.

Any immovable+movable + inherited/inheritable assets belong to wife should not be touched at all .

The question he never answered what about the property immovable or movable assets a wife earned , does not have any contribution of Husband to that?

The arguments totally overlooked,  the Hindu succession Act provide the daughter also share in  inherited/inheritable assets of her parents , why the same should be considered and if her own parents or brothers does not give her her share and she face financial Hardship, why to blame the husbands family and punish them for no fault?

Now the Hypocracy of LAW makers witness in another amended in the name of  HINDU SUCCESSION (AMENDMENT) BILL, 2013 By ANURAG SINGH THAKUR, M.P.

A women's self-acured Property/assets ( movable+movable) in absence of Husband's/child, it should go to women's Parents only not to Husband's Family heirs, means what ever assets ( movable+immovable) in her name let it be she earned from husband or husbands family, but it will go to her parental heirs only. 

Where the need of such amended the main reason given :

The proposed amendment has been necessitated in view of the vast changes in the
social milieu over the past few years. Over the years, women have taken a stride in all spheres
of life. The consequence is that women are acquiring property earned by their own skill.
These situations do not seem to have been in the contemplation of legislators when the Act
was initially enacted.
Means it is established self acured assets earned by a wife , there is no contribution of Husband or her family members, fair enough !!

But the unanswered question , why the same logic does not apply when wife or family claim her contribution in husband's not only self accrued assets even inherited/inheritable assets?

Yes, that is the ground reality as I also witness in last 10 years I am in Delhi and stayed in 6 rented Home and among that 5 house owner was a Women only not a Man!

Even many people do not know in agriculture Land more than 9.2percent in the name of Women , more than 90% movable assets in the form of Gold/Diamond/Jewellery in custody of women only, but Kapil Sibal came out some imaginary figure only 2% assets belong to women without any supporting authentic data.

As per cencess data In Delhi approx 30 Lacks House 9.2 lacks are rented house and 80% of those house owners are Women, not men.

Now to make a LAW in this country the logic and ground reality does not matter when it comes to grab men's hard earned assets by Legal Extortion.

Indian Men are suppose to work his whole life like a donkey and one day die in Heart attack. In case he face any financial hardship , he can't even use his own saving for rainy days.

Law makers repeatedly misusing  the provision of constitution 15(3) with logic positive discrimination Government already make many biased law like 498A, DV act, CRPC125 and now on the way New Marriage LAW ( IRBM).

Our Supreme Court is silent for more than 30 years against government's such abuse of Indian constitution's special provision under 15(3), as per their wish and killing the Natural Justice.

Result today witness marriage relationship converted to a money extortion business, but we have to wait and see does our SC judges have courage like China SC, who had made null/void such law, as any rights comes through marriage towards the property/assets of husbands does not valid after Divorce. No fault Divorce can't  be a ground to snatch each others hard earned assets, which against basic fundamental rights of individual to live and liberty.

Media , Judiciary, LAW makers no one will take corrective action , but many men today asking #Y2marry?

Injustice some where is direct threat of Justice every where , hope all understand and demand the word Spouse instead of Husband/wife, so that the LAW should not be Unfair/biased and became a TOOL of Extortion like 498A , DV act.

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A BILL further to amend the Hindu Succession Act, 1956. Bill No. 17 of 2013 TO BE INTRODUCED IN LOK SABHA.

BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:—
1. (1) This Act may be called the Hindu Succession (Amendment) Act, 2013.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.

2. In section 3 of the Hindu Succession Act, 1956 (hereinafter referred to as the
principal Act), after clause ( j), the following clause shall be added, namely:—
“(k) “self-acquired property” means any property including both movable and
immovable property acquired by a female Hindu by her own skill or exertion.”


Amendment of section 3. 30 of 1956

3. In section 15 of the principal Act, in sub-section (2), after clause (b), the following clause shall be added, namely:—
“(c) if a female Hindu dies intestate, her self-acquired property, in the absence of husband and any son or daughter of the deceased (including the children of any predeceased son or daughter), shall devolve, not upon the heirs as referred to in subsection (1) in the order specified therein, but in the following manner:
(i) firstly, upon the mother and the father of the female;
(ii) secondly, upon the heirs of the father of the female;
(iii) thirdly, upon the heirs of the mother of the female; and
(iv) lastly, upon the heirs of the husband of the female.”.

Amendment of section 15.

STATEMENT OF OBJECTS AND REASONS

The proposed amendment has been necessitated in view of the vast changes in the
social milieu over the past few years. Over the years, women have taken a stride in all spheres
of life. The consequence is that women are acquiring property earned by their own skill.
These situations do not seem to have been in the contemplation of legislators when the Act
was initially enacted.

Social justice and the principle of equality as enshrined in article 14 of our Constitution
demands that the women should be treated equally, both in the economic and the social
sphere. Further, the Constitution of India not only grants equality to women but under article
15(3) also empowers the State to adopt measures of positive discrimination in favour of
women for neutralizing the cumulative socio-economic, educational and political
disadvantages faced by them.

The proposed Bill seeks to make changes in sections 3 and 15 of the Hindu Succession
Act, 1956 so that first preference is given to the parental heirs of the wife over the husband’s
heirs to inherit the self-acquired property of a women dying intestate in the absence of
husband and any son or daughter of the deceased (including the children of any predeceased
son or daughter).

It is expedient in public interest to make the aforesaid amendments with regard to self acquired
property of women in the parent Act.

Hence this Bill.

NEW DELHI; ANURAG SINGH THAKUR
November 29, 2012

1 comment:

Anonymous said...

having property or not should be decided on case to case basis. it cannot be assumed that all women are housewives without any assets.