Notice to Chief Secretary on PIL against Hindu succession Act

The Madras High Court Bench here on Monday ordered notice to the Tamil Nadu Chief Secretary on a public interest litigation petition seeking declaration of Section 29-A of the Tamil Nadu Hindu Succession (Amendment) Act, 1990, of the Hindu Succession Act, 1956, as null and void. The petitioner, R. Thangaraja, who runs the Mass Education and Action for Rural Development Society, an NGO in Virudhunagar district, said Section 29-A imposed a few restrictions on married daughters in inheriting properties. The amendment was in contravention to the Hindu Succession (Amendment) Act, 2005.

Mr. Thangaraja contended that the Hindu Succession (Amendment) Act, 2005, was enacted to remove discrimination between male and female heirs in inheriting properties. Section 29-A of the Tamil Nadu Hindu Succession (Amendment) Act was liable to be declared null and void because it was outdated, encouraged gender discrimination and ran in contravention to the Hindu Succession (Amendment) Act, 2005, he argued.

A Division Bench comprising Justices M. Jaichandren and S. Vaidyanathan admitted the case, ordered notice to the Chief Secretary and the secretaries of the Revenue and Law departments. The case has been adjourned by four weeks.