Hindu Adoptions & Maintenance • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1956
Section 29 of Hindu Adoptions & Maintenance: Repeals
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
[Repealed by the Repealing and Amending Act, 1960 (58 of 1960), s. 2 and the First Schedule.]
Legal Commentary & Landmark Judgments: Section 29
Section 29 formally repealed the pre-existing Hindu Women's Rights to Property Act, 1937 and other provincial enactments, completing the legislative consolidation of adoption and maintenance under HAMA.
Repeal of 1937 Enactment: Repealed the Hindu Women's Rights to Property Act, 1937 (Act 18 of 1937) insofar as it related to adoptions and maintenance.
Repeal of Provincial Statutes: Repealed diverse provincial statutes to establish a single, unified national code governing Hindu adoptions and maintenance.
Formal Repeal by Spent Act: Section 29 was subsequently repealed as spent legislation by the Repealing and Amending Act, 1960 (Act 58 of 1960), while preserving the unified codified law.
Key Landmark Precedents:
Satyadhana Ghosal v. Deorajin Debi AIR 1960 SC 941: The Supreme Court confirmed that the repeal of an amending or repealing provision does not disturb the substantive unified personal law enacted by the parent statute.
G. Rama v. T.G. Seshagiri Rao (2008) 12 SCC 392: Reiterated that statutory consolidation under HAMA wiped out provincial variations, creating a single national legal standard for adoption and maintenance.
Courtroom Practice & Strategic Litigation Guidance:
In historical property disputes where rights are claimed under the 1937 Act, cite Section 29 to verify the date of devolution. For all deaths and maintenance claims arising after December 1956, HAMA operates exclusively.
Legal Commentary & Landmark Judgments: Section 29
Section 29 formally repealed the pre-existing Hindu Women's Rights to Property Act, 1937 and other provincial enactments, completing the legislative consolidation of adoption and maintenance under HAMA.
In historical property disputes where rights are claimed under the 1937 Act, cite Section 29 to verify the date of devolution. For all deaths and maintenance claims arising after December 1956, HAMA operates exclusively.