Section 24 of Hindu Succession Act: Repealed Law & Current Rights (2024)

Section 24 of the Hindu Succession Act, 1956, has been repealed and is no longer law. This section once disqualified certain widows from inheriting property if they remarried. This article explains what Section 24 was, the reasons for its removal, and, most importantly, the current inheritance rights of a Hindu widow who chooses to remarry. The Hindu Succession (Amendment) Act, 2005, brought about this significant change, moving the law towards gender equality.

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Table of Contents

• What Was Section 24 of the Hindu Succession Act, 1956?

• The Repeal: Why Section 24 Was Removed

• Before vs. After: The Impact of the 2005 Amendment

• What is the Current Law on a Widow's Right to Property After Remarriage?

• Conclusion: The Move Towards Gender-Equal Inheritance

• Frequently Asked Questions (FAQ) about Section 24 and Widow's Property Rights

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What Was Section 24 of the Hindu Succession Act, 1956?

The original Section 24 of the Hindu Succession Act, 1956, was a provision that dealt with the disqualification of certain heirs. This law stated that specific widows who remarried before the property succession opened would lose their right to inherit from their deceased husband's family. This rule was based on the idea that upon remarriage, a widow becomes part of her new husband's family, and her financial ties to the previous family are severed.

The disqualification of heirs under the original Section 24 did not apply to all widows. It was a very specific clause targeting only three categories of widows who had remarried:

• The widow of a predeceased son.

• The widow of a predeceased son of a predeceased son.

• The widow of a brother.

For authenticity, the original text of the now-repealed section is provided below:

"Certain widows remarrying may not inherit as widows. —Any heir who is related to an intestate as 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 shall not be entitled to succeed to the property of the intestate as such widow, if on the date the succession opens, she has re-married."

This provision on widows re-marrying was a component of a larger legal framework in the Hindu Succession Act that outlined various conditions for disqualification from inheritance. The evolution of Hindu succession laws has consistently moved toward simplifying these rules and ensuring fairer treatment for all heirs.

The Repeal: Why Section 24 Was Removed

The repeal of Section 24 came with the Hindu Succession (Amendment) Act, 2005. The primary reason for removing this section was that it was widely seen as discriminatory and against the principles of gender equality. The law created an unfair condition on a woman's right to property, linking it to her marital status, which was a clear violation of her fundamental rights.

The push to remove Section 24 was part of a larger movement to make property laws more just and equitable for women. The Statement of Objects and Reasons for the 2005 amendment highlighted the need to eliminate provisions that discriminated on the ground of gender. Lawmakers recognized that tying a widow's inheritance rights to her decision to remarry was oppressive and undermined her financial independence.

Key arguments for the repeal of Section 24 included:

• It Was Unconstitutional: The provision was argued to be against Articles 14 and 15 of the Constitution of India, which guarantee the right to equality and prohibit discrimination on the basis of gender.

• It Was Against Gender Justice: The law placed a burden on certain widows that was not placed on male widowers who chose to remarry, making it a clear instance of gender discrimination in property law.

• It Promoted Dependency: By threatening the loss of inheritance, the law discouraged widows from remarrying, thereby promoting social dependency rather than empowering them to make their own life choices.

The removal of Section 24 was a crucial step in aligning Hindu succession law with modern values of equality and justice, as detailed in the official Hindu Succession (Amendment) Act, 2005.

Before vs. After: The Impact of the 2005 Amendment

The impact of the Section 24 repeal is best understood through a direct comparison of a widow's property rights before and after the 2005 amendment. The change fundamentally altered the legal standing of a remarrying widow, ensuring her rights are no longer conditional.

Feature	Before Repeal (Pre-2005)	After Repeal (Post-2005)
Inheritance Right of Specific Widows	Disqualified from inheriting her intestate husband's property upon remarriage.	No longer disqualified. A widow's remarriage does not affect her right to inherit.
Legal Status	Section 24 was in force and legally binding.	Section 24 is repealed and has no legal effect.
Guiding Principle	A widow's right was tied to her relationship with the deceased's family.	A woman's right to property is absolute and not conditional upon her marital status.

What is the Current Law on a Widow's Right to Property After Remarriage?

The current law for a remarrying widow is clear and unambiguous. A Hindu widow's decision to remarry does not take away her right to inherit property from her deceased husband. This right is absolute and protected under the Hindu Succession Act, 1956, especially after the 2005 amendment.

The governing principle is found in Section 14 of the Hindu Succession Act, which states that any property a Hindu female possesses is held by her as the full and absolute owner, not as a limited owner. This means once the property has vested in her, it is hers completely, and her subsequent marriage does not change that. Courts have repeatedly upheld that the Hindu Succession Act, 1956, overrides older laws like the Hindu Widow's Remarriage Act, 1856, which did contain forfeiture clauses.

Consider this scenario: If a woman's husband passes away, and she inherits a share of his property, that property becomes hers absolutely. If she decides to remarry a few years later, she cannot be legally forced to give up that property. Her right became a vested right at the moment of her husband's death, and her future choices do not nullify it. This legal stance ensures her financial security and respects her personal liberty. The legal process for the transfer of property is a separate matter governed by its own set of rules.

Conclusion: The Move Towards Gender-Equal Inheritance

In conclusion, Section 24 of the Hindu Succession Act is a relic of the past. Its repeal marked a monumental step forward for gender equality in Indian property law. By removing the disqualification of certain remarrying widows, the law now firmly protects a woman's financial independence and dignity.

The key takeaways are straightforward:

• Section 24 has been completely removed from the law.

• A widow's decision to remarry has no bearing on her right to inherit property from her deceased husband.

• The current law, guided by Section 14, ensures a woman's right to property is absolute.

This change reflects a progressive shift in legal thinking, ensuring that a woman's rights are not compromised by her personal life choices. It reinforces the principle that property rights should be fair, just, and equal for everyone.

Frequently Asked Questions (FAQ) about Section 24 and Widow's Property Rights

1. Is Section 24 of the Hindu Succession Act still valid?

No, Section 24 of the Hindu Succession Act is not valid. It was repealed by Section 5 of the Hindu Succession (Amendment) Act, 2005, and is no longer part of the law.

2. Can a widow claim her deceased husband's property after she remarries?

Yes. A widow can claim her deceased husband's property even after she remarries. Her right to inherit is established at the time of her husband's death and is not lost because of her subsequent marriage.

3. What was the purpose of repealing Section 24?

The main purpose of repealing Section 24 was to eliminate gender discrimination from property law. It ensures that a woman's right to property is absolute and not dependent on her marital status, promoting gender equality.

4. Does a widow lose rights in her deceased husband's ancestral property if she remarries?

No. Following the repeal of Section 24, a widow does not lose her vested rights in her deceased husband's ancestral or coparcenary property upon remarriage. The 2005 amendment strengthened the rights of female heirs in ancestral property.

5. Which law removed Section 24?

The Hindu Succession (Amendment) Act, 2005, removed Section 24 from the statute book. Specifically, Section 5 of the amendment act stated that Section 24 shall be omitted.

6. Did Section 24 apply to all widows?

No, the original Section 24 was very specific. It only disqualified three types of heirs who remarried: the widow of a predeceased son, the widow of a predeceased son of a predeceased son, and the widow of a brother.

7. What is the difference between Section 24 and Section 2 of the Hindu Widow's Remarriage Act, 1856?

Section 2 of the Hindu Widow's Remarriage Act, 1856, also stated that a widow would forfeit property from her deceased husband upon remarriage. However, the Hindu Succession Act, 1956, has an overriding effect, and the 1856 Act itself was formally repealed in 1983 because it was obsolete. Current inheritance matters are governed by the Hindu Succession Act.

8. What is Section 14 of the Hindu Succession Act?

Section 14 of the Hindu Succession Act is a critical provision that grants absolute ownership to Hindu women. It says that any property possessed by a female Hindu, regardless of when it was acquired, is held by her as a "full owner" and not a "limited owner." This section is fundamental to securing a widow's property rights.

9. Does a remarrying widow have a right in her new husband's property?

Yes. When a widow remarries, she acquires the legal status of a wife in the new family. Upon the death of her new husband, she has all the inheritance rights of a widow as defined by the succession laws that apply to him and his family.

10. Where can I find the official text of the 2005 amendment?

The official text of the Hindu Succession (Amendment) Act, 2005, is available on the official website of the Legislative Department of the Government of India. You can also find it in various legal databases and archives.