PRANAB KUMAR DEB Vs. UNION OF INDIA

JUDGEMENT

(1.) BY means of this writ petition, the writ petitioners have challenged vires of entry IV of class II heirs mentioned in the Schedule of Hindu Succession Act, 1956. It is further prayed that terms "deceased brothers son", "deceased brothers daughter", "deceased sisters son" and "deceased sister daughter" be taken to have been included in the entry II of class II of Schedule of the Hindu Succession Act, 1956.

(2.) BRIEF facts of the case are that the petitioners and respondent No. 4 are related by following pedigree : - <IMG>JUDGEMENT_24_AIR(MEGH)_2014.jpg</IMG>

(3.) IN the affidavit -in -opposition filed on behalf of respondent No.4, Shyamal Deb, the relationship between the parties (petitioners and respondent No.4) is not denied. However, it is stated that the writ petition suffers from delay and laches. It is further stated that the writ petition is hit by non -joinder of necessary parties. It is pleaded that there is no infirmity in the constitutional validity of the provisions of Hindu Succession Act, 1956. It is contended that source of classification between brothers and sons of deceased brothers is based on Shruti, Smriti and Customs of Hindu law. It is further stated that the codified Hindu Succession Law (Hindu Succession Act, 1956) aims at insuring a uniform civil code of personal law of Hindus removing the gender inequality in matters of inheritance. It is pleaded that the distinct characteristic of Bengal School (Dayabhaga) is that succession is governed by capacity for conferring spiritual benefits in Parvana Sradha as under: -