Respectfully Submitted to :

The Hon'ble Shri Justice S.V. Gangapurwala :

The Hon’ble Shri Justice S.B. Shukre :
The Hon’ble Shri Justice G.S. Patel :
The Hon’ble Shri Justice M.S. Sonak :
The Hon’ble Shri Justice N.J. Jamadar :

My Lords / Respected Sir,

This pertains to the 204th Report of Law Commission of

India on proposal to amend the Hindu Succession Act, 1956
(as amended by Act No. 39 of 2005).
2005)

It is respectfully submitted that, the Legal Advisor-cum-

Joint Secretary, Government of Maharashtra vide his letter Misc.-
2021/113/D-19, dated 05th August, 2021 (Annexure-1) has
requested to send views/comments of the Government of
Maharashtra on the 204th Report of Law Commission of India
(Annexure-2) relating to the proposal to amend the Hindu
Succession Act, 1956 (as amended by Act No. 39 of 2005).
2005)

The Hon’ble The Chief Justice vide order dated

20.09.2021 has directed to place the subject before the Hon’ble
General Rule Committee.

My Lords, the perusal of the Law Commission of India

(Report No. 204) herein after referred to as, ‘the Report’ deals
with Section 8 of the Hindu Succession Act 1956, dealing with
general rules of succession in case of males. The Report
 : 2 :
basically aims at pointing out the anomalies that seem to have
inadvertently crept in. Moreover, there is apparent ambiguity that
needs clarification. According to the report, reading of class-I
ex-facie is quite complex and cumbersome. As such, to remove
anomalies, ambiguities and inequities, the Law Commission took
up further revision of the amended the Hindu Succession Act,
1956.

The basic aim of the study conducted by Law Commission

of India (hereinafter referred to as “the Commission”) headed by
Dr. Justice A.R. Lakshmanan Chairman, the Hon’ble Member
Secretary, one full-time Member and six part-time Members was
with a view to simplify the two classes and remove the anomalies
resulting from legislative inadvertences.

The Registry has tabulated the suggestions of the

Commission under different heads (Flag–A). The suggestions by
the Registry thereon are at (Flag–B). The same are placed for
the kind consideration of the Hon’ble Committee.

It is respectfully submitted that, the proposal by the Law of

Commission of India aims at removing anomalies that seem to
have inadvertently crept in. Similarly, there are some
ambiguities that needs clarification. As appearing from the
report, the amendments seeks to address the legislative
inadvertences.
 : 3 :
My Lords, in the light of above, directions of the Hon’ble
Committee are solicited as to :

Whether to concur with the suggestions of the 204th Report

of Law Commission of India suggesting amendment to the Hindu
‘A’
Succession Act, 1956 (as amended by Act No. 39 of 2005) more
particularly contained in Flag-B Point Nos. 1-C to 6-C.
OR
Whether to differ from and offer additional comments on
the suggestions of the 204th Report of Law Commission of India
‘B’ suggesting amendment to the Hindu Succession Act, 1956 (as
amended by Act No. 39 of 2005) more particularly contained in
Flag-B Point Nos. 1-C to 6-C.
AND
If Your Lordships’ agrees to ‘A’ or ‘B’ above, directions
‘C’ may please be issued to convey the Legal Advisor-cum-Joint
Secretary, Government of Maharashtra accordingly.
OR
‘D’ Your Lordships may issue any other suitable direction.

Respectfully submitted for orders as ‘A’ or ‘B’ and ‘C’ or

‘D’ above.

Date : November 2022 (Yogesh A. Rane)

Registrar (Legal & Research)

Through the Registrar General :-

 INDEX

Sr. Particulars Page

No. Nos.
1. Office Submission dated 1-3

2. Photocopy of submission dated 04.10.2021 4

of the Hon’ble the Chief Justice.

3 Photocopy of letter dated 05.08.2021 5

received from Government of Maharashtra.

4. Photocopy of the 204th Report of Law 6 to 29

Commission of India relating to he proposal
to amend Hindu succession Act, 1956 as
amended by Act No. 39 of 2005 (Annexure
‘A’)
 Subject: Views / Comments on the 204th
Report of Law Commission of
India relating to the proposal to
amend Hindu succession Act,
1956 as amended by Act No. 39
of 2005.

PAPER – BOOK

PAPER BOOK OF SUBJECT FOR

DISCUSSION IN THE MEETING OF
THE HON’BLE GENERAL RULE
COMMITTEE TO BE HELD ON
______________________
Respectfully Submitted to :
The Hon’ble Shri Justice S. V. Gangapurwala,
(Through Video
Conferencing)
The Hon’ble Shri Justice S. B. Shukre, (Through Video
Conferencing)
The Hon’ble Shri Justice G. S. Patel,
The Hon’ble Shri Justice M. S. Sonak,(Through Video
Conferencing)
The Hon’ble Shri Justice N. J. Jamadar
My Lords,
This is in respect of the 252nd Report of Law
Commission of India on proposed amendment to Section 18 of
Hindu Adoption and Maintenance Act, 1956.

It is respectfully submitted that the Legal Advisor-

cum-Joint Secretary, Government of Maharashtra vide letter No.
LCR2015/CR10/D19, dated 6th August, 2021 has requested to
send views/comments of the Government of Maharashtra on the
252nd Report of Law Commission of India on right of the Hindu
Wife to Maintenance : A re-look at Setion 18 of Hindu Adoption
and Maintenance Act, 1956.

The subject was placed before the Hon’ble the Chief

Justice and the Hon’ble the Chief Justice was pleased to allow to
place the subject before the Hon’ble General Rule Committee.

In view of the above, letter dated 06th August, 2021

received from the Government of Maharashtra along with the
252nd Report of Law Commission of India on right of the Hindu
Wife to Maintenance : A re-look at Setion 18 of Hindu Adoption
and Maintenance Act, 1956. (Annexure ‘A’) are placed herewith
for Your Lordships’ views/comments on the proposed
amendments on behalf of the Hon’ble Bombay High Court.
Most Respectfully submitted.

Date: Yogesh A.
Rane
Registrar (Legal &
Research)
Through the Registrar General:

INDEX

Sr. Particulars Page Nos.

No.
1. Office Submission dated 1

2. Photocopy of submission dated 04.10.2021 of 2

the Hon’ble the Chief Justice.

3 Photocopy of letter dated 06.08.2021 3

received from the Government of
Maharashtra.

4. Photocopy of the 252nd Report of Law 4 to 22

Commission of India on right of the Hindu
Wife to Maintenance : A re-look at Setion 18
of Hindu Adoption and Maintenance Act,
1956. (Annexure ‘A’)
 Subject: Views / Comments on the 252nd
Report of Law Commission of
India on right of the Hindu Wife
to Maintenance : A re-look at
Setion 18 of Hindu Adoption and
Maintenance Act, 1956.

PAPER – BOOK

PAPER BOOK OF SUBJECT FOR

DISCUSSION IN THE MEETING OF
THE HON’BLE GENERAL RULE
COMMITTEE TO BE HELD ON
______________________
 Respectfully Submitted to the Hon’ble the Chief Justice:

My Lord,

This is in respect of the 70th Report of Law

Commission of India on “Transfer of Property Act, 1882”.

It is respectfully submitted that the Legal Advisor-

cum-Joint Secretary, Government of Maharashtra vide his letter
No. LCR2010/105/D-19 dated 09th August, 2021 (Annexure’A’)
has requested to send views/ comments of the Government of
Maharashtra on the 70th Report of Law commission (Annexure
‘B’) of India on “Transfer of Property Act, 1882”.

My Lord, in order to give views/comments on the

‘A’ proposed amendments on behalf of the Bombay High Court, the
subject may please be allowed to be placed before the General
Rule Committe.
AND
If Your Lordship approves at ‘A’, Registry may
allowed to forward the copy of Paper Book including 70 th
‘B’
Report of Law Commission to the Hon’ble Judges comprising in
the General Rule Committee by e-mail only, as it consumed
bulky i.e. 712 pages.

OR
‘C’
Any other directions as may deem fit.

Respectfully submitted for orders as to ‘A’ and ‘B’

or ‘C’ above.
Date: October, 2021. Yogesh A. Rane
Registrar (Legal & Research)
Submitted through the Registrar General:

The Hon’ble the Chief Justice:

Respectfully Submitted to :
The Hon’ble Shri Justice S. V. Gangapurwala,
(Through Video Conferencing)
The Hon’ble Shri Justice S. B. Shukre,
(Through Video Conferencing)
The Hon’ble Shri Justice G. S. Patel,
The Hon’ble Shri Justice M. S. Sonak,
(Through Video Conferencing)
The Hon’ble Shri Justice N. J. Jamadar
My Lords,

This is in respect of the 70th Report of Law

Commission of India on “Transfer of Property Act, 1882”.

It is respectfully submitted that the Legal Advisor-

cum-Joint Secretary, Government of Maharashtra vide his letter
No. LCR2010/105/D-19 dated 09th August, 2021 has requested to
send views/ comments of the Government of Maharashtra on the
70th Report of Law commission of India on “Transfer of
Property Act, 1882”.

The subject was placed before the Hon’ble the Chief

Justice and the Hon’ble the Chief Justice was pleased to allow to
place the subject before the Hon’ble General Rule Committee.

In view of the above, letter dated 09th August, 2021

received from the Government of Maharashtra along with the
70th Report of Law Commission of India on “Transfer of
Property Act, 1882”. (Annexure ‘A’) are placed herewith for
Your Lordships’ views/comments on the proposed amendments
on behalf of the Hon’ble Bombay High Court.
Most Respectfully submitted.
Date: Yogesh A.
Rane
Registrar (Legal &
Research)
Through the Registrar General:

INDEX

Sr. Particulars Page Nos.

No.
1. Office Submission dated 1

2. Photocopy of submission dated .10.2021 of 2

the Hon’ble the Chief Justice.

3 Photocopy of letter dated 09.08.2021 3

received from the Government of
Maharashtra.

4. Photocopy of the 70th Report of Law 4 to

Commission of India on “Transfer of
Property Act, 1882”. . (Annexure ‘A’)
 Subject: Views / Comments on the 70th
Report of Law Commission of
India on “Transfer of Property
Act, 1882”.

PAPER – BOOK

PAPER BOOK OF SUBJECT FOR

DISCUSSION IN THE MEETING OF
THE HON’BLE GENERAL RULE
COMMITTEE TO BE HELD ON
______________________