Private property is a necessary institution, at least in a fallen world; men work more and dispute less when goods are private than when they are in common. R. H. Tawney Family disputes can result in a forced partition. Partition of property takes region while there may be joint possession of or greater individuals... Continue Reading →
Who is a Legal Heir?
Introduction Property is an essential asset of a person’s life owned during and after his lifetime. Property is acquired for various purposes like shelter requirement, investment or financial security. Property can be self-acquired i.e. purchased with a person’s own money or it can be ancestral, i.e. property of the ancestors inherited by the successors. These... Continue Reading →
RIGHTS OF A HUSBAND IN WIFE’S PROPERTY
Generally when we talk about the property of a women, we don’t have much clarity but we all know about the property of a man (husband) and how it will be distributed if he dies. In this article, we will get to know that who has the right over a women’s property if she dies... Continue Reading →
HINDU UNDIVIDED FAMILY
What is a Hindu Undivided Family?The Joint Hindu Family business is a distinct form of organization that is very much peculiar to India. Joint Hindu Family Firm is created by the operation of law and not by any contract. It does not have any separate legal entity from that of its members. The laws that... Continue Reading →
Introduction Coparcenary, in general terms refers to a type of ownership of property where multiple people inherit the same property. Here, each person owns an undivided, transferable interest in the property. The term ‘coparcenary’ has its origin in the English common law. In India, Coparcenary is dealt under the Hindu Succession Act 1956 . Under... Continue Reading →
WHAT IS CRUELTY?
Before 1955, getting a divorce as a Hindu was not always simple. Because the marriage was seen as a religious union in Hinduism. The parliament resolved to create laws pertaining to the Hindu in light of different stigmas in social life of the Hindu. However, doing so was a challenging undertaking. The lawful marriage between... Continue Reading →
SOURCES OF FAMILY LAW
The term of ‘sources of law’ has many meanings. It can be any authority which issues rule of conduct. It can also mean social conditions which lead to making of laws. It can also mean the material or evidence from which rules and laws are derived. Family law is a body of law that... Continue Reading →
MARRIAGE UNDER HINDU LAW
INTRODUCTION Marriage is one of important social institution which approved socially relationship between man and women that bind them into permanent, as a spouse. Marriage establishes socially obligation over the spouse’s relation such as wife under obligation to live with her husband under a roof and husband is responsible to provide his wife’s maintenance during... Continue Reading →
GUARDIANSHIP: Is The Child’s Best Interest Protected Under Hindu Law
Introduction The ancient texts of India have hardly discussed the concept of guardianship due to the durable familial structure in the Vedic society and resolute presence and powers of the Karta. Thus, there were hardly any laws on guardianship in India. The emergence of guardianship as a legal concept began from the advent of the... Continue Reading →
MAINTENANCE OF WIVES.
Maintenance imposes obligation to provide certain basic needs, such as food, clothes, shelter, medical aid etc... without which a person can not survive. Maintenance has been defined under section 3(b) of Hindu Adoption and maintenance Act. Under the act all the basic requirement that a person needs to survive is defined along with the reasonable... Continue Reading →
INTRODUCTION TO THE HINDU JOINT FAMILY
Hindu is derived from the Greek word 'Indoi' means inhabitants of the Indus Valley . The institution of Hindu joint Family concept has took place where long time ago. It was developed as a custom practice by people from generation to generation. Ancient times patriarchal system was prevailing and where men's are placed in a... Continue Reading →
Sources of Hindu Law
Introduction:- In India, each religious community has its law, customs, and traditions that have been practised for centuries and still prevail. In our country, the community of Hindus being the majority, have laws and legislations that govern various aspects of our life, from marriage to adoption, succession to guardianship, and so on. In this article,... Continue Reading →
Luka Chuppi to perform ‘SAPTAPADI’
Introduction The movie ‘Luka Chuppi’ is filled with fun, emotions, ethics and is a perfect replica of the social reality. The portrayal of religion being attached to political agenda is the focus of the movie. It shows how political leaders extract votes and fool the public in the name of protecting the Indian culture. The... Continue Reading →
SOURCES OF HINDU LAW
INTRODUCTION It is said that Hindu Law is a Divine Law and had been preached by the God through the Vedas to the people. Hindu law is also considered to be the most ancient and prolific law in the world. The proof of its existence is in every phase . Hindu is a common term;... Continue Reading →
Are Names Permanent?
Since a child is conceived in a mother’s womb, every member of the family starts thinking and discussing about the name of the baby. Each member has a different name in their mind as per their liking. When the baby is born, he/she is given a name but his/her grandparent might call him/her by a... Continue Reading →
Sources of Hindu Law
Introduction India is a place where people of all faiths live together. It is evident that religious views of the people cannot be ignored when it comes to ruling them, but the question is what should be deemed law and what should not, as well as which sources should be examined when drafting laws to... Continue Reading →
SOURCES OF HINDU LAW
CONCEPT OF HINDU LAW: Hindu system of law has the most ancient pedigree of the known systems of law. If the Vedic period is accepted to be 4000 to 1000 B.C., Hindu law is about 6000 years old. In this span of 6000 years, it has passed through various phases. Yet. It has existed with... Continue Reading →
ANALYSIS ON SOURCES OF HINDU LAW
The phrase “source of law” has several connotations. It may be the authority which issues rules of conduct which are recognized by Courts as binding. In this context, ‘source of law’ means ‘the maker of law’. It may mean the social conditions which inspires the making of law for the governance of the conditions. In... Continue Reading →
Divorce by Mutual Consent
Since 1976, the Hindu Marriage Act has included mutual consent as a reason for divorce. The Special Marriage Act of 1954 was the sole Indian regulation that allowed for divorce by mutual consent prior to 1976. 1 If the marriage fails and the parties agree, a person married under the provisions of this Act may... Continue Reading →
SCHOOLS OF HINDU LAW.
INTRODUCTION Hindu law is the most ancient law in the world. It was created to satisfy every need and welfare of the people. The sources of the concept for the Hindu law are Shruti, Smriti, customs, commentaries and digests. There are two types of modern Hindu law codified law and uncodified law. The concepts of... Continue Reading →