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.[1] 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 →
Coparcenary
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 [1]. Under... Continue Reading →
RIGHTS OF SECOND WIFE
Second marriage, during the subsistence of the first marriage, is illegal in India and the relationship arising from the same does not have any validity. Even though the law is very clear on this point, 'second marriage' is a common practice in Indian society. As a result of the aforementioned contrast between the law and... Continue Reading →
sources of hindu law
India is a country where the number of the population is very large and different sectors of these populations practice different religions like Hindu, Islam, Christianity and etc. When we talk about Hindu law then the first question that comes to our mind is who are Hindus? So the definition of Hindu is nowhere defined... Continue Reading →
Women are not entitled to claim the share in the inherited property?
The Hindu Succession Act 1956 did not confer any rights for the daughters to inherit the ancestral assets. Only brothers were taken into consideration as the only heirs. However, this has modified with a change that came into impact on September 9th, 2005 and was seen as a large victory for the women who're now... Continue Reading →
Registration of Marriage under Hindu Marriage Act
Hindu marriage is a union of individuals as spouses and is identified through habitable continuity. Marriage is considered as a sacred institution in the Indian culture. After the marriage is solemnized among the bride and the groom, certain necessities should be fulfilled to offer it a legal standing, i.e., to make it legitimate under the legal guidelines... Continue Reading →
Hunooman Prasad Pandey vs. Muss Badooi moonraj Kanwar [(1856) 6 MIA 393]
Introduction: This case is related to rights of alienation of the property of minor by ‘karta’ or ‘manger’. The main points for consideration before the Privy Council are- 1. Whether the property of minor or his interests can be alienated by the ‘karta’ or ‘manger’. 2. If yes, then under what circumstances and up to... Continue Reading →
Hindu Law: Daughter’s Right On Father’s Property’s
Introduction Concerning Hindu Law This world contains a population of eight billion, out of that one.38 billion folks sleep in Asian nation presently. India is a nations where different religion like Hindu, Muslim, Sikh, Christian and Parsi live along which shows secularism. In India there are two types of laws are mentioned: 1)General law 2)Personal... Continue Reading →
COMPARISON BETWEEN HINDU and MUSLIM MARRIAGE
The concept of marriage is enshrined to be sacred in both Hinduism and Islam but, both the religions may have different ways to go about it. The concept of marriage under Hindu Law differs from the concept as compared under Muslim Law. Under the two schools of thought, the marriages are legalised by virtue of... Continue Reading →
Partition Under Hindu Law
Partition is the division of joint family property i.e., coparceners’ property into two or more parts, the individual property is not subject to the partition. It is a process by which joint family ceases to be joint family, and nuclear family come into existence. And automatically by law the joint status of the family come... Continue Reading →
COMPARISON BETWEEN HINDu and MUSLIM IN RELATION TO DIVORCE
The term 'Divorce' is derived from the Latin term 'divortium' which means to turn aside or separate. It is a situation where a man & woman no longer remain together due to a number of possible reasons. The two major legal systems governing personal laws, namely, Hindu Law and Islamic Law governs Hindus[1] in all... Continue Reading →
maintainence of wife and widow daughter in law under hindu law
INTRODUCTION In the purview of my project topic I will talk about Section 18 and 19 of the Hindu Adoption and Maintenance Act, 1956. Let us discuss what they state- Section 18 - Maintenance of wife - (1) A Hindu wife, whether married before or after the commencement of this Act, is entitled to be... Continue Reading →
SECTION 19 OF HINDU MARRIAGE ACT,1955
Section 19 of the Hindu Marriage Act, 1955 (HMA) deals with the erritorial jurisdiction of Petitions filed under the Act. This Section states the courts to which petition can be filed- “The Court to which petition shall be presented. Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction. The marriage was solemnized, or The respondent, at the time of the presentation of the petition,... Continue Reading →
Modern History- Social and Religious movements
BRAHMO SAMAJThe Brahmo Samaj was established by Raja Rammohan Roy on 20 August 1828 at Calcutta. He was born in 1774 at Radhanagar, a small village in Bengal. He learnt many languages like Arabic, Persian, English, French, Latin, Greek, etc. He also studied several religious philosophies like those of Hinduism, Islam, Christianity, Sufism. He was... Continue Reading →
ADOPTION UNDER HAMA
Adoption has always been considered as a very sacred act. As per the Merriam-Webster legal dictionary legal adoption means “to take voluntarily (a child of other parents) as one’s own child especially in compliance with formal legal procedures”. Under Indian law, adoption forms the subject matter of ‘personal law’ where Hindu, Buddhist, Jain or Sikh by religion can make a legal... Continue Reading →
Things you need to know about Registration of Marriage in India
Introduction : Marriage in India is referred to as a holy, religious activity which confers individual rights upon both the male and the female involved in the marriage. The Hindu Marriage Act, 1955 expressly associates marriage with that of ceremonies under Section 7 of the Act. Section 7(2) of the Act says that it is... Continue Reading →
Reasons why Classification is Unfounded – Gift under Muslim Law – 6
Five Reasons Why This Classification is Unfounded- With great respect to the learned Judge, it is submitted that the thesis propounded by him creates more problems than it solves It is impossible to differentiate between religious and secular gifts in all cases, because to repeat the oft-quoted dictum of Justice Mahmood, “It is to be... Continue Reading →
Will
Introduction A person can ensure as to how his property should devolve and to whom it shall devolve, after his death, through a Will. If a person dies without leaving behind his Will, his property would devolve by the way of law of intestate succession and not testamentary succession (i.e. in accordance to the Will)... Continue Reading →
History of Judicial System in India – 1
INTRODUCTION- Judiciary in India – . Our democracy, our Fundamental Rights etc would be meaningless, if there was no judicial system. We have an elaborate battery of laws and judicial courts. . The main sources of Law in India are the Constitution, Legislations and Caste Laws. Certain Customs which are long standing and are not... Continue Reading →