The document discusses the concept of dower or mehr in Islamic marriages. It defines dower as property or money that the husband promises to pay the wife upon marriage. Dower can be prompt (payable immediately) or deferred (payable later, such as upon divorce or the husband's death). The document outlines different types of dower under Islamic law - specified dower where an amount is agreed upon, and customary dower where no amount is specified and it is based on local customs. It also discusses rules around payment of dower and the wife's ability to claim it.
The present slides relate to the concept of Succession in the bothe Christian and Parsi law as given under the Indian Succession Act, 1925. Useful for Law students and Professionals.
This document summarizes the concept of dower under Muslim law. It defines dower as a sum of money or property promised or given by the husband to the wife at marriage. If no dower amount is specified, customary dower applies based on similar marriages. The wife has a legal right to prompt dower payment and can refuse cohabitation or sue if it is unpaid. Dower is the wife's sole right and she decides how to use it without husband interference. Differences between Shia and Sunni law regarding minimum/maximum dower amounts and entitlement if marriage is not consummated are also outlined.
The document discusses the development of the two main schools of Hindu law - the Mitakshara school and Dayabhaga school. It notes that the schools emerged from commentaries on ancient Hindu law texts (smritis) by different scholars. Over time, the commentaries incorporated local customs and practices, leading to differences between the schools. The key differences between the Mitakshara and Dayabhaga schools relate to concepts like joint family property, rights of family members, inheritance principles, and the doctrine of factum valet. However, under modern Hindu law as governed by statutes like the Hindu Succession Act, differences between the schools no longer apply.
This document discusses the concept of waqf (Islamic endowment) under Muslim law. It defines waqf as the dedication of property in perpetuity for charitable or religious purposes in accordance with Islamic principles. The document outlines the history and origins of waqf, how it is created, types of waqf, and key court rulings regarding waqf. It also summarizes some of the important provisions of the Waqf Act of 2013 in India relating to the definition, management, and oversight of waqf properties.
The Criminal Procedure Code, 1973 provides for the provisions for maintenance. The provisions enumerated under the code are explained herein the slides along with the remedies available for maintenance and against maintenance.
This document discusses Hindu family law in India. It describes a Hindu joint family as an extended family arrangement tracing back to a common ancestor. There were two historical schools of Hindu law - the Mitakshara school and Dayabhaga school - that differed in how they allocated parental property. The document also defines key terms like coparcenary and coparcenary property, explaining that coparceners have legal rights to joint family property by birth. It notes this law also applies to other religious groups in India besides Hindus.
The document discusses the concept of dower or mehr in Islamic marriages. It defines dower as property or money that the husband promises to pay the wife upon marriage. Dower can be prompt (payable immediately) or deferred (payable later, such as upon divorce or the husband's death). The document outlines different types of dower under Islamic law - specified dower where an amount is agreed upon, and customary dower where no amount is specified and it is based on local customs. It also discusses rules around payment of dower and the wife's ability to claim it.
The present slides relate to the concept of Succession in the bothe Christian and Parsi law as given under the Indian Succession Act, 1925. Useful for Law students and Professionals.
This document summarizes the concept of dower under Muslim law. It defines dower as a sum of money or property promised or given by the husband to the wife at marriage. If no dower amount is specified, customary dower applies based on similar marriages. The wife has a legal right to prompt dower payment and can refuse cohabitation or sue if it is unpaid. Dower is the wife's sole right and she decides how to use it without husband interference. Differences between Shia and Sunni law regarding minimum/maximum dower amounts and entitlement if marriage is not consummated are also outlined.
The document discusses the development of the two main schools of Hindu law - the Mitakshara school and Dayabhaga school. It notes that the schools emerged from commentaries on ancient Hindu law texts (smritis) by different scholars. Over time, the commentaries incorporated local customs and practices, leading to differences between the schools. The key differences between the Mitakshara and Dayabhaga schools relate to concepts like joint family property, rights of family members, inheritance principles, and the doctrine of factum valet. However, under modern Hindu law as governed by statutes like the Hindu Succession Act, differences between the schools no longer apply.
This document discusses the concept of waqf (Islamic endowment) under Muslim law. It defines waqf as the dedication of property in perpetuity for charitable or religious purposes in accordance with Islamic principles. The document outlines the history and origins of waqf, how it is created, types of waqf, and key court rulings regarding waqf. It also summarizes some of the important provisions of the Waqf Act of 2013 in India relating to the definition, management, and oversight of waqf properties.
The Criminal Procedure Code, 1973 provides for the provisions for maintenance. The provisions enumerated under the code are explained herein the slides along with the remedies available for maintenance and against maintenance.
This document discusses Hindu family law in India. It describes a Hindu joint family as an extended family arrangement tracing back to a common ancestor. There were two historical schools of Hindu law - the Mitakshara school and Dayabhaga school - that differed in how they allocated parental property. The document also defines key terms like coparcenary and coparcenary property, explaining that coparceners have legal rights to joint family property by birth. It notes this law also applies to other religious groups in India besides Hindus.
Maintenance under hindu_marriage_act-1955Trisom Sahu
The most challenging part when the situation of separation of married couples comes in front of the court is to decide the maintenance keeping in view that the rights of each of the party is not hampered.
Therefore, the legislators took the pain of inserting the sections regarding to maintenance in the Hindu Marriage Act-1955. In this paper I will be throwing some light on the various provision of the Hindu Marriage Act - 1955 which concern the maintenance and the interpretations made by various courts of law in India.
The maintenance is mainly described explicitly in section 24 and section 25 of the Hindu Marriage Act-1955.
Sec.24 emphasizes on maintenance pendente lite and expenses of the proceedings and sec. 25 talks about the permanent alimony under the Hindu Marriage Act-1955.
Maintenance Pendente lite and expenses of proceedings (Sec.24): -
The provision for maintenance pendente lite and expenses of proceedings is given in section 24 of the Hindu Marriage Act - 1955, which is stated as follows: -
24.Maintenance pendente lite and expenses of proceedings: - Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable:
[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]
Legislative Changes: -
An addition of a provision was done was done to the existing section in 2001 by providing for disposal of maintenance pendente lite and expenses of the proceeding within a period of 60 days from the date of service of the notice on the wife or the husband.
Objective of Section - 24: -
The provision of maintenance pendente lite is created by the legislators to provide financial assistance to the indigent spouse to maintain herself or himself during the pendency of the proceedings and also to have sufficient funds to carry on the litigation without suffering unduly due to shortage of funds. In the case of Hema v S. Lakshmana Bhat the Kerela High court held that husband too can claim for alimony pendente lite. The court in this case observed that in providing for alimony or maintenance pendente lite for both the spouse the concept of equality has been introduced in maintenance proceedings.
The rationale of the Sec.24 is to provide financial assistance to the indigent spouse and to ensure that no material fact or evidences is concealed due the financial incap
The document discusses the essentials of a valid Muslim marriage under Islamic law. It states that a Muslim marriage is a civil contract that requires: 1) a proposal and acceptance between the parties, 2) the parties must be competent (sane and have reached puberty), and 3) the consent must be free. It also outlines certain prohibited relationships that if married within, would make the marriage invalid or void. Examples include relationships of consanguinity (blood), affinity (by marriage), and fosterage. Polyandry and marrying more than four wives are also prohibited. [END SUMMARY]
Maintenance is known as Nafaqa and included Food, Cloth and Residence and it have been pointed out that it should include expenditure education of children.
Primary obligation of maintenance arises out of marriage- wife and children
Muslim man is bound to maintain his wife as long as she is faithful to him and obeys his reasonable orders.
No maintenance in irregular marriages and after divorce but in context of divorce SC have laid down decisions.
The document discusses the concept of "Stridhan" or a woman's property under Hindu law. It defines Stridhan as property over which a woman has absolute ownership. It then lists the various sources from which a woman can acquire Stridhan, such as gifts, inheritance, income from other Stridhan properties, etc. It also discusses a woman's rights over her Stridhan, including her powers of management and limited powers of alienation. Finally, it summarizes some key court cases related to a woman's rights to her Stridhan.
HINDU SUCCCESSION Act 1956 deals with devolution of property by way of succession with respect to inheritance.
This act came into force 17 june 1956. it consist of four chapters ONE SCHEUDULE OF HEIRS CLASS I AND CLASS II
Salient features of HSA
It defines cognates, agnates, full blood, half blood, uterine blood,intestate, heir.
It provides how property is devolved by of succession from male after his death to heir.Meaning of coparcenary- traditional mitakshara concept is followed by hindu regards birth of son only subject to coparcenary rights wrt. JHF
Coparcenary can be rationalised in joint hindu family(ancestral property) rights coming from four degree or upto threee male lineal ascendants.eg great grand father to grand father to father to son
A-B-C-D-E HERE A IS GREAT GRAND FATHER
B is grand father C is father, D is Son E Is son's son
here on the death of A, B will replace similarly A and all will have coparcenary rights B acting as KARTA in JHF.
This slide show would help assist those who are interested to learn the basics of Sunni Law of Inheritance. It is a difficult area of law, but comprehension of some basic principles can facilitate a lot to make it relatively easy to understand and apply in practical life.
Distribution of Assets as per Christian Succession LawsJatin230966
When a Christian person in India dies without a will, the Indian Succession Law determines how their property is distributed. The law outlines that if a deceased person leaves behind a widow and children, 1/3 of the property goes to the widow and the remaining 2/3 is divided equally among the children. If there are no children but parents are alive, half the property goes to the widow and half to the parents. With no surviving spouse, children, or parents, the property is distributed to more distant kin or goes to the government if there are no heirs.
When a Hindu person dies without a will, the Hindu Succession Act of 1956 determines how their property is distributed. Property first goes to Class I heirs like a widow, mother, children, and descendants of pre-deceased children. If there are no Class I heirs, property passes to Class II heirs like fathers, siblings, and more distant relatives. In the absence of Class I and II heirs, property is distributed to agnates and then cognates, defined as male-line and female-line relatives, respectively. If there are no cognates, the property goes to the government. A Hindu woman's property follows a similar order of inheritance by her children, husband, mother, father, and their heirs.
The document summarizes the main schools of Muslim law. It begins by explaining that after the death of the Prophet Muhammad, two views emerged on succession: the Sunni view supporting election and the Shia view supporting inheritance by relatives. This led to the formation of the two main schools - Sunni and Shia.
The Sunni school is then divided into four sub-schools founded in different regions: Hanafi in Iraq, Maliki in Medina, Shafi'i in Egypt, and Hanbali in Saudi Arabia. The Shia school was founded by Imam Jafar as Sadik and is divided into Ismailis, Athna Asharis, and Zaidis. Each school's
The document discusses succession and inheritance under the Hindu Succession Act of 1956. Some key points:
- The Act provides a uniform system of inheritance for Hindus, Buddhists, Jains and Sikhs. It abolishes the limited estate of Hindu women and gives them absolute rights over property.
- For intestate succession (without a will), the property of a male Hindu devolves to Class I heirs (relatives like sons/daughters) then Class II heirs like father. Failing which it goes to agnates (by blood) and then cognates.
- For females, the property devolves to sons/daughters and husband. The 2005 amendment allows daughters equal rights in
SALE AS A MODE OF TRANSFER- Sections 54 to 57 of The Transfer of Property Act...Utkarsh Kumar
The document defines key concepts in property law like sale, tangible property, price, and discusses topics around contracts for sale, rights of buyers and sellers, and how ownership is transferred. It distinguishes between concepts such as sale vs exchange.
Hindu law applies to Hindus, which includes those of Hindu, Sikh, Jain or Buddhist religions. A person is considered Hindu by religion if they follow one of these faiths, including converts. A person is considered Hindu by birth if both parents are Hindu, or if one parent is Hindu and the child is brought up as Hindu. The Hindu Marriage Act does not apply to Muslims, Christians, Parsis, Jews or many scheduled tribes who are governed by customs.
The document discusses the Hindu joint family system and the role of the Karta. It notes that a Hindu joint family includes relatives descended from a common ancestor who are tied together by kinship and marriage. The Karta acts as the manager and head of the joint family, taking responsibility for expenses, protecting family properties, and representing the family. Generally the senior most male member is considered the Karta, though in some situations a female or junior male can take on the role. The Karta has broad powers to manage family affairs and property but also responsibilities like maintaining family members and accounting for family finances when the family is partitioned.
Mortgage is the transfer of an interest in specific immovable property for the purpose of securing the payment of money advance or to be advance by the way of loan, an existing or future debt or the performance of an engagement which may give rise to a pecuniary liability. Section 58 of the Transfer of Property Act defines different types of mortgages - simple mortgage, mortgage by conditional sale, usufructuary mortgage, English mortgage, mortgage by deposit of title deeds, and anomalous mortgage. The essential characteristics of each type of mortgage include the rights and obligations of the mortgagor and mortgagee with respect to possession and use of the property, personal liability for payment, and procedures for sale or return of the property
Intricacies involved in the Child Custody and Guardianship in Hindus, Muslims, Christians and parsis residing in India. Under which circumstances Court can order Custody of a Child to any parent and Gaurdianship of a Child.
This document discusses succession laws in India. It covers the Indian Succession Act of 1925, which governs intestate and testamentary succession for Hindus, Christians, Parsis and Jews. Muslim succession is governed by Muslim personal law derived from Islamic scriptures. The key points are:
1) Succession can be testamentary (with a will) or intestate (without a will). Different laws apply based on religion.
2) The Indian Succession Act of 1925 created common rules for most communities, except Muslims who are governed by Muslim personal law.
3) Muslim law recognizes sharers who receive fixed portions and residuaries who receive remaining portions. It also has rules around legitimacy of
Christian personal law in India is governed by statutes such as the Indian Christian Marriage Act of 1872, the Indian Divorce Act 1869, and the Convents Marriage Dissolution Act 1936. These laws regulate marriage, divorce, adoption, and inheritance for Christians. Under the Christian Marriage Act, marriages must be solemnized by a priest in a church. Divorce is granted on grounds such as adultery, cruelty, desertion, and insanity. For inheritance, the Indian Succession Act of 1925 applies, with the spouse and lineal descendants inheriting portions of the deceased's estate.
Maintenance under hindu_marriage_act-1955Trisom Sahu
The most challenging part when the situation of separation of married couples comes in front of the court is to decide the maintenance keeping in view that the rights of each of the party is not hampered.
Therefore, the legislators took the pain of inserting the sections regarding to maintenance in the Hindu Marriage Act-1955. In this paper I will be throwing some light on the various provision of the Hindu Marriage Act - 1955 which concern the maintenance and the interpretations made by various courts of law in India.
The maintenance is mainly described explicitly in section 24 and section 25 of the Hindu Marriage Act-1955.
Sec.24 emphasizes on maintenance pendente lite and expenses of the proceedings and sec. 25 talks about the permanent alimony under the Hindu Marriage Act-1955.
Maintenance Pendente lite and expenses of proceedings (Sec.24): -
The provision for maintenance pendente lite and expenses of proceedings is given in section 24 of the Hindu Marriage Act - 1955, which is stated as follows: -
24.Maintenance pendente lite and expenses of proceedings: - Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable:
[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]
Legislative Changes: -
An addition of a provision was done was done to the existing section in 2001 by providing for disposal of maintenance pendente lite and expenses of the proceeding within a period of 60 days from the date of service of the notice on the wife or the husband.
Objective of Section - 24: -
The provision of maintenance pendente lite is created by the legislators to provide financial assistance to the indigent spouse to maintain herself or himself during the pendency of the proceedings and also to have sufficient funds to carry on the litigation without suffering unduly due to shortage of funds. In the case of Hema v S. Lakshmana Bhat the Kerela High court held that husband too can claim for alimony pendente lite. The court in this case observed that in providing for alimony or maintenance pendente lite for both the spouse the concept of equality has been introduced in maintenance proceedings.
The rationale of the Sec.24 is to provide financial assistance to the indigent spouse and to ensure that no material fact or evidences is concealed due the financial incap
The document discusses the essentials of a valid Muslim marriage under Islamic law. It states that a Muslim marriage is a civil contract that requires: 1) a proposal and acceptance between the parties, 2) the parties must be competent (sane and have reached puberty), and 3) the consent must be free. It also outlines certain prohibited relationships that if married within, would make the marriage invalid or void. Examples include relationships of consanguinity (blood), affinity (by marriage), and fosterage. Polyandry and marrying more than four wives are also prohibited. [END SUMMARY]
Maintenance is known as Nafaqa and included Food, Cloth and Residence and it have been pointed out that it should include expenditure education of children.
Primary obligation of maintenance arises out of marriage- wife and children
Muslim man is bound to maintain his wife as long as she is faithful to him and obeys his reasonable orders.
No maintenance in irregular marriages and after divorce but in context of divorce SC have laid down decisions.
The document discusses the concept of "Stridhan" or a woman's property under Hindu law. It defines Stridhan as property over which a woman has absolute ownership. It then lists the various sources from which a woman can acquire Stridhan, such as gifts, inheritance, income from other Stridhan properties, etc. It also discusses a woman's rights over her Stridhan, including her powers of management and limited powers of alienation. Finally, it summarizes some key court cases related to a woman's rights to her Stridhan.
HINDU SUCCCESSION Act 1956 deals with devolution of property by way of succession with respect to inheritance.
This act came into force 17 june 1956. it consist of four chapters ONE SCHEUDULE OF HEIRS CLASS I AND CLASS II
Salient features of HSA
It defines cognates, agnates, full blood, half blood, uterine blood,intestate, heir.
It provides how property is devolved by of succession from male after his death to heir.Meaning of coparcenary- traditional mitakshara concept is followed by hindu regards birth of son only subject to coparcenary rights wrt. JHF
Coparcenary can be rationalised in joint hindu family(ancestral property) rights coming from four degree or upto threee male lineal ascendants.eg great grand father to grand father to father to son
A-B-C-D-E HERE A IS GREAT GRAND FATHER
B is grand father C is father, D is Son E Is son's son
here on the death of A, B will replace similarly A and all will have coparcenary rights B acting as KARTA in JHF.
This slide show would help assist those who are interested to learn the basics of Sunni Law of Inheritance. It is a difficult area of law, but comprehension of some basic principles can facilitate a lot to make it relatively easy to understand and apply in practical life.
Distribution of Assets as per Christian Succession LawsJatin230966
When a Christian person in India dies without a will, the Indian Succession Law determines how their property is distributed. The law outlines that if a deceased person leaves behind a widow and children, 1/3 of the property goes to the widow and the remaining 2/3 is divided equally among the children. If there are no children but parents are alive, half the property goes to the widow and half to the parents. With no surviving spouse, children, or parents, the property is distributed to more distant kin or goes to the government if there are no heirs.
When a Hindu person dies without a will, the Hindu Succession Act of 1956 determines how their property is distributed. Property first goes to Class I heirs like a widow, mother, children, and descendants of pre-deceased children. If there are no Class I heirs, property passes to Class II heirs like fathers, siblings, and more distant relatives. In the absence of Class I and II heirs, property is distributed to agnates and then cognates, defined as male-line and female-line relatives, respectively. If there are no cognates, the property goes to the government. A Hindu woman's property follows a similar order of inheritance by her children, husband, mother, father, and their heirs.
The document summarizes the main schools of Muslim law. It begins by explaining that after the death of the Prophet Muhammad, two views emerged on succession: the Sunni view supporting election and the Shia view supporting inheritance by relatives. This led to the formation of the two main schools - Sunni and Shia.
The Sunni school is then divided into four sub-schools founded in different regions: Hanafi in Iraq, Maliki in Medina, Shafi'i in Egypt, and Hanbali in Saudi Arabia. The Shia school was founded by Imam Jafar as Sadik and is divided into Ismailis, Athna Asharis, and Zaidis. Each school's
The document discusses succession and inheritance under the Hindu Succession Act of 1956. Some key points:
- The Act provides a uniform system of inheritance for Hindus, Buddhists, Jains and Sikhs. It abolishes the limited estate of Hindu women and gives them absolute rights over property.
- For intestate succession (without a will), the property of a male Hindu devolves to Class I heirs (relatives like sons/daughters) then Class II heirs like father. Failing which it goes to agnates (by blood) and then cognates.
- For females, the property devolves to sons/daughters and husband. The 2005 amendment allows daughters equal rights in
SALE AS A MODE OF TRANSFER- Sections 54 to 57 of The Transfer of Property Act...Utkarsh Kumar
The document defines key concepts in property law like sale, tangible property, price, and discusses topics around contracts for sale, rights of buyers and sellers, and how ownership is transferred. It distinguishes between concepts such as sale vs exchange.
Hindu law applies to Hindus, which includes those of Hindu, Sikh, Jain or Buddhist religions. A person is considered Hindu by religion if they follow one of these faiths, including converts. A person is considered Hindu by birth if both parents are Hindu, or if one parent is Hindu and the child is brought up as Hindu. The Hindu Marriage Act does not apply to Muslims, Christians, Parsis, Jews or many scheduled tribes who are governed by customs.
The document discusses the Hindu joint family system and the role of the Karta. It notes that a Hindu joint family includes relatives descended from a common ancestor who are tied together by kinship and marriage. The Karta acts as the manager and head of the joint family, taking responsibility for expenses, protecting family properties, and representing the family. Generally the senior most male member is considered the Karta, though in some situations a female or junior male can take on the role. The Karta has broad powers to manage family affairs and property but also responsibilities like maintaining family members and accounting for family finances when the family is partitioned.
Mortgage is the transfer of an interest in specific immovable property for the purpose of securing the payment of money advance or to be advance by the way of loan, an existing or future debt or the performance of an engagement which may give rise to a pecuniary liability. Section 58 of the Transfer of Property Act defines different types of mortgages - simple mortgage, mortgage by conditional sale, usufructuary mortgage, English mortgage, mortgage by deposit of title deeds, and anomalous mortgage. The essential characteristics of each type of mortgage include the rights and obligations of the mortgagor and mortgagee with respect to possession and use of the property, personal liability for payment, and procedures for sale or return of the property
Intricacies involved in the Child Custody and Guardianship in Hindus, Muslims, Christians and parsis residing in India. Under which circumstances Court can order Custody of a Child to any parent and Gaurdianship of a Child.
This document discusses succession laws in India. It covers the Indian Succession Act of 1925, which governs intestate and testamentary succession for Hindus, Christians, Parsis and Jews. Muslim succession is governed by Muslim personal law derived from Islamic scriptures. The key points are:
1) Succession can be testamentary (with a will) or intestate (without a will). Different laws apply based on religion.
2) The Indian Succession Act of 1925 created common rules for most communities, except Muslims who are governed by Muslim personal law.
3) Muslim law recognizes sharers who receive fixed portions and residuaries who receive remaining portions. It also has rules around legitimacy of
Christian personal law in India is governed by statutes such as the Indian Christian Marriage Act of 1872, the Indian Divorce Act 1869, and the Convents Marriage Dissolution Act 1936. These laws regulate marriage, divorce, adoption, and inheritance for Christians. Under the Christian Marriage Act, marriages must be solemnized by a priest in a church. Divorce is granted on grounds such as adultery, cruelty, desertion, and insanity. For inheritance, the Indian Succession Act of 1925 applies, with the spouse and lineal descendants inheriting portions of the deceased's estate.
This document provides an overview of key concepts in Hindu law related to joint Hindu family, coparcenary, sources of Hindu law, succession and inheritance, adoption, and Hindu marriage.
Some key points:
- A joint Hindu family consists of lineal descendants of a common male ancestor, along with their wives and unmarried daughters. Members are joint in estate, food, and worship.
- Coparcenary is a narrower body that includes only sons, grandsons, and great-grandsons who acquire interest in ancestral property by birth.
- Sources of Hindu law include old sources like the Vedas and Smritis, as well as new sources like principles of equity, judicial decisions, and commentaries
This document provides an overview of the legal framework around property ownership in Bangladesh from both an Islamic and constitutional perspective. It discusses that the Bangladeshi constitution provides all citizens the right to own, acquire, transfer and dispose of property. Inheritance is governed by both the Muslim Family Law of 1961 and the Hindu Women's Rights to Property Act of 1937. The Muslim Family Law outlines specific shares of inheritance for daughters, wives, mothers and sisters. The document also compares current social practices in Bangladesh to the inheritance distributions outlined in Islamic law, noting that in many cases women are deprived of inheritance and financial independence contrary to Islamic law.
This document provides an overview and comparison of inheritance laws for women in India under different religious personal laws. It summarizes the inheritance rights for Hindu, Muslim, Christian, and Parsi women. For Muslim women, their share of inheritance is generally half of what men receive. The Hindu Succession Act of 1956 and its 2005 amendment improved women's rights by making them full heirs equal to sons. However, discrimination remains for some religious groups. Overall, the document examines how women's inheritance rights vary significantly according to personal laws in India based on religion.
The document provides an overview of the Indian Act and how it governs status and membership for First Nations people in Canada. Some key points:
- The Indian Act was first passed in 1876 and has been amended over 20 times since. It addresses eligibility, reserves, wills/estates, leadership and more.
- Eligibility for status depends on having ancestors with status under sections 6(1) and 6(2). Bill C-31 addressed past discrimination against women in status.
- Bands can assume control over membership through custom codes. The Act also provides for certificates of possession for reserve lands and surrender of lands.
- Wills must be approved by AANDC if the deceased lived
General principles of inheritance under Muslim law - Rules relating to Islami...Legal
The document discusses the general principles of succession and inheritance under Muslim law. It provides details on:
1. The nature of heritable property under Muslim law, which does not distinguish between different types of property like movable/immovable. All property owned by the deceased can be inherited.
2. Muslim law does not recognize the concept of joint family property or right by birth, and inheritance rights only arise after death.
3. The doctrine of representation allowing a deceased's child to inherit in their place is not recognized under Muslim law. The nearer heir excludes the remoter heir.
4. Succession can be distributed per capita (equally divided heads) or per strips (available to the branch of
Muslim law under indian succession act 1925Chand Pasha
The document discusses the general principles of succession and inheritance under Muslim law. It provides details on:
1. The nature of heritable property under Muslim law, which does not distinguish between different types of property like movable/immovable. All property owned by the deceased can be inherited.
2. Muslim law does not recognize the concept of joint family property or ancestral property. All property is considered individual property that can be inherited.
3. Under Muslim law, heirs only acquire inheritance rights after the death of the original owner, unlike Hindu law's concept of birthright.
4. Muslim law does not recognize the doctrine of representation where a descendant could represent their predeceased parent, unlike some other
Ll.b i fl u 2.1 hindu adption , guardianship ,sucssesion actRai University
- The Hindu Minority and Guardianship Act, 1956 codifies and reforms certain aspects of Hindu law related to minority and guardianship. It aims to clarify who the natural guardians of a Hindu minor are in respect of their person and property.
- Under the Act, the father is the natural guardian of a Hindu boy or unmarried girl. After the father, the mother becomes the natural guardian. For an illegitimate child or married girl, the natural guardian is the mother, and after her, the father.
- The Act defines a minor as someone who has not completed 18 years of age. It defines guardian and outlines the powers and obligations of natural guardians in respect of a minor's person
Difference of will under hindu and muslims lawsHPNLU, Shimla
Hindu and Muslim laws have key differences in succession and wills. Hindu law is governed by statutes like the Hindu Succession Act and Indian Succession Act, which allow any person of sound mind to make a will transferring their property after death. Muslim law derives from the Quran and Sharia, restricting wills to 1/3 of property with heirs' consent. Unlike Hindu law, Muslim law has the concept of "MarzUlMaut" or deathbed gifts. Revocation of wills is also treated differently, with Hindu law requiring formal revocation and Muslim law allowing oral or implied revocation.
This document discusses women's inheritance and property rights in India under various religious and personal laws. It provides an overview of the Hindu Succession Act, Indian Succession Act, Muslim Personal Law, and Special Marriage Act and how they determine inheritance rights for Hindus, Parsis, Muslims, and those in interfaith marriages. It also outlines rights wives, daughters, and mothers have under these laws and describes instances where gender bias still exists in some succession laws and customs. Remedies women can pursue if denied their inheritance rights are also presented.
This document provides an overview of the Hindu Succession Act of 1956 in India. Some key points:
- The Act aims to amend and codify the law relating to intestate succession among Hindus.
- It applies to Hindus, Buddhists, Jains and Sikhs. It also applies to others who would have been governed by Hindu law prior to this Act.
- When a male Hindu dies intestate, his property devolves first to Class I heirs like widow, children and mother. If none, then to Class II heirs like father and heirs of predeceased children. Failing them, it passes to agnates and then cognates.
- A female Hindu's
The document discusses Hindu personal law in Bangladesh and its impact on women's rights. Some key points:
1) Hindu law is derived from ancient religious texts and customs and discriminates against women in areas like marriage, divorce, and inheritance. For example, it is very difficult for women to dissolve a marriage under Hindu law in Bangladesh.
2) There is no system for registering Hindu marriages, making it difficult for women to validate their marital rights. Widows also face neglect and difficulty remarrying under the social customs.
3) The law deprives women of equal rights in many aspects of family life like marriage, divorce, property inheritance, and child custody. This has negatively impacted women's social status and
Hindu Personal Law in Bangladesh discriminates against women's equal rights in several areas:
1. Marriage - Under the Dayabhaga and Mitaksara schools of Hindu law, certain types of marriages deprive women of inheritance rights.
2. Inheritance - Hindu law, especially the Dayabhaga school followed in Bangladesh, restricts women's inheritance rights and ability to own property. Daughters receive half the share that sons receive.
3. Divorce - It is difficult for women to obtain divorces, while men can easily divorce their wives. Upon divorce, women often do not receive proper alimony or custody of children.
Hindu Personal Law in Bangladesh continues to discriminate against
Islam and the Indian judiciary with reference to Talaq-e-biddatPallavi Devi
- Triple talaq allows Muslim men to divorce their wives by pronouncing "talaq" three times, which the author argues violates women's constitutional rights and is not supported by the Quran.
- The Supreme Court banned the practice in 2017, but questions remain about the status of marriages where triple talaq had already been used. The ruling also did not require husbands to take wives back.
- While some see triple talaq as an integral part of Muslim personal law, the author argues that not all religious practices are constitutionally protected, and personal laws should be regulated by the state to prevent gender discrimination. In conclusion, women's rights under the constitution should not be overridden by claims of religious freedom when it comes to
Christianity has a long history in Bangladesh. Christians follow the teachings of Jesus Christ and are divided into Roman Catholics and Protestants. The main source of Christian law is the Bible. Civil laws from the British era also apply to Christians. Under Christian marriage law, marriage is considered a lifelong union, though divorce is allowed under certain circumstances. The laws provide different grounds for divorce for men and women, discriminating against women. Reforms have been proposed to make the laws more equal.
Joint hindu family or Hindu Undivided Family (HUF) is an exclusive feature of Hindu Law. Joint Hindu family is a unit considers by law as separate entity for the purpose of taxation, but it is not considered as separate legal person. Present slides give an overview of Hindu undivided family and its consequences.
What Is The Difference Between An Heir And Inheritance?nayanaNMH
Heir And Inheritance : Under the Hindu Succession Act, we explore the property rights of daughters, daughters-in-law, abandoned first wives, second wives, converts, adopted children, widows, mothers, and others. In reality, property or related scams account for two-thirds of all cases pending in Indian courts. This is due to the complexities of Indian property rights.
The document discusses several Catholic documents from the 1930s including a papal encyclical by Pope Pius XI that prohibited artificial birth control and reaffirmed the prohibition on abortion. It also discusses how the 1937 Irish constitution recognized the "special position" of the Catholic Church and prohibited divorce, though these provisions were later removed. The document further discusses how Franco's regime in Spain after World War 2 suppressed dissident views and enforced traditional Catholic values and gender roles.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
The Future of Criminal Defense Lawyer in India.pdf
Christian Law of Succession
1. TOPIC:-AN ANALYSIS OF
SUCCESSION L AWS IN
INDIA
SUB TOPIC- CHRISTIAN
L AW OF SUCCESSION
P R E S E N T E D BY - R A H U L YA D AV
1 4 0 6 3 G R O U P 1 0
2. CHRISTIAN LAW OF SUCCESSION
• The Christian Law of Succession is governed by the provisions in the Indian Succession
Act, 1925.
• Till January 1986, Christians in the State of Kerala were governed by two different Acts.
– Cochin Christian Succession Act, 1921.
– Travancore Christian Succession Act, 1916.
• This Act recognizes three types of heirs for Christians: the spouse, the lineal
descendants, and the kindred.
3. THE CONCEPT OF SUCCESSION
• Succession, in brief, deals with how the property of a deceased person
devolves on his heirs. This property may be ancestral or self-acquired,
and may devolve in two ways-
By Testamentary Succession
By Intestate Succession
4. INDIAN SUCCESSION ACT, 1925.
• Section 2 (d) of the Act defines as “Indian Christian”
• In Abraham v. Abraham, the scope of this definition of an ‘Indian Christian‘ is given
and told that even Converted Christian is also included in this definition.
• After this Law it was an option with the person that he can be governed by old law as
well as this law.
• In the case of Kamawati v. Digbijoy, Privy Council it was held that Converted
Christians will not be governed by old law i.e. his previous religion and only by Indian
Succession Act, 1925.
• It will not be possible for them to elect to be governed by the old law in this or related
matters.
• After conversion there is no coparcenary rights and only individual right.
• The Madras High Court held in the case of Francis v. Tellis, out of two brothers, one of
them converted to Christianity. It was held that upon his death it would not be possible
for the other brother to succeed to the entire estate by way of the doctrine of
5. INTESTATE SUCCESSION AMONG INDIAN
CHRISTIANS
• S. 30 of the Indian Succession Act, 1925 defines intestate succession.
• It would be worthwhile to note that intestacy is either total or partial.
• Domicile-
– Section 5-categorically states that succession to the movable property of
the deceased will be governed by the lex loci as per where he had his
domicile at the time of his death; whereas succession to his immovable
property will be governed by the law of India no matter where he was
domiciled at the time of his death.
– Section 6 and Section 15 also talks about it.
6. KINDRED OR CONSANGUINITY
• S. 24 of the Act makes an initial reference to the concept of kindred and
consanguinity, defining it as “the connection or relation of persons descended
from the same stock or common ancestor”.
• S. 25 qualifies ‘lineal consanguinity' with regard to descent in a direct line.
• S. 26 qualifies ‘collateral consanguinity' as occurring when persons are
descended from the same stock or common ancestor, but not in a direct line.
• It is interesting to note that the law for Christians does not make any
distinction between relations through the father or the mother.
• Christian law does not recognize children born out of wedlock; it only deals
with legitimate marriages
7. RIGHT OF WIDOW AND WIDOWER
• S. 33, S. 33-A, S. 34 of the Act govern succession to the widow.
• Together they lay down that if the deceased has left behind both a
widow and lineal descendants, she will get one-third share in his estate
while the remaining two-thirds will go to the latter.
• If no lineal descendants have been left but other kindred are alive,
one-half of the estate passes to the widow and the rest to the kindred.
• If no kindred are left either, the whole of the estate shall belong to his
widow.
8. RIGHTS OF CHILDREN AND OTHER LINEAL
DESCENDANTS
• As per Sections 36-40 of the Act- If the widow is still alive, the lineal
descendants will take two-thirds of the estate; if not, they will take it in whole.
• Per capita (equal division of shares) applies if they stand in the same degree
of relationship to the deceased.
• Even the Hindu father of a son who had converted to Christianity was held
entitled to inherit from him after his death.
• As per S. 48, where the intestate has left neither lineal descendant, nor
parent, nor sibling, his property shall be divided equally among those of his
relatives who are in the nearest degree of kin to him.
• If there are no heirs whatsoever to the intestate, the doctrine of escheat can
be invoked by the Government, whereupon the estate of the deceased will
revert to the State.