Explain the overriding effect of the Hindu Succession Act, 1956.
Ans. Overriding effect of the Hindu Succession Act.— According to Section 4 all existing laws, texts, customs and usages which are inconsistent with the Act, are repealed by the Act. It is obvious that the customary rules of succsion according to primogeniture have been abolished by the Act. But where no provision is made in the Act, Hindu law as found immediately before the commencement of the Act shall continue to be in force. Section 4 of the Hindu Succession Act, 1956, mentions the overriding effect of the Act. (1) Any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made’in this Act. [Section 4(1)(a)]. (2) Any other law in force immediately before the commencement of this Act shall cease to apply to Hindus in so far as it is inconsistent with any of the provisions contained in this Act. [Section 4(1)(b)]. But if there is a provision in this Act excepting the application of the above two clauses in the Hindu Succession Act that will prevail. Amongst those provisions may be mentioned Section 2(1)(c) of the Act which preserves the test of the applicability of Hindu law or custom or usage as part of that law to determine if a person is a Hindu governed by this Act. Another instance is found in Section 5(1) which applies the Indian Succession Act to Hindus coming within Section 21 of the Special Marriage Act. Custom, though not saved by express provisions of the Act, will still be rule of decision in many matters for which no provision is made in the Act. An obvious instance where the Section 4 will have effect is that customary rules of succession according to primogeniture have been abolished by the Act, and to that extent the old Hindu law stands repealed. According to provision (2) if there is an Act prevalent at the time of the commencement of this Act and its provisions are not in conflict with the Hindu Succession Act, they will continue to apply. For instance, Caste Disabilities Removal Act, 1856 is still good law because it is not inconsistent with any of the provisions of the Act. There is an obvious second exception to the above two provisions that the laws which will come into force in future are not excluded from their operation by this Act.The overriding effect of the Act created by Section 4 is only in respect of such matters, “for which provision is made in this Act”. In absence of any provision in the said Act the questions of the said Act overriding any text, rule or interpretation of Hindu law in force Immediately before the commencement of the Act in respect of such matter dbes not arise. The fact that the right of the mother, to maintenance has been recognised and codified under the Hindu Adoptions and Maintenance Act, 1956, is not at all indicative of the fact that she was not intended to be given a share at .partition of joint family property. IGopal Narain v. Goenka, AIR 1971 Delhi 6121