The document summarizes key changes brought by the Hindu Succession Amendment Act of 2005 to the original Hindu Succession Act of 1956. The 2005 amendment aims to remove gender discrimination by giving daughters equal rights to ancestral coparcenary property as sons. It provides that daughters, like sons, have birthright as coparceners in joint Hindu family property. However, this does not apply retroactively to married daughters before 2005. The amendment also makes women's inheritance rights in agricultural land equal to men's. It removes other discriminatory provisions regarding female inheritance and rights to the parental dwelling house.
jurisprudence topic possession detailed ppt which help to learn this topic easily by a minimum time by any person who study law. person easily download this ppt to read and to teach also.
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
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.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
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.
jurisprudence topic possession detailed ppt which help to learn this topic easily by a minimum time by any person who study law. person easily download this ppt to read and to teach also.
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
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.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
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.
Principles of Trust: Classification and CreationPreeti Sikder
Learning Outcome:
Students will :
-be informed about the major divisions among the concept of trust
-learn about the basic legal conditions a trust has to fulfill under Trusts Act, 1882
The term “intestate succession” implies succession to the property of a person who dies without making any testamentary disposition of it.
It also refers to property which an intestate leaves behind him to pass to his heirs.
The Chapter under HSA containing Sections 5 to 17 are grouped under the heading “Intestate Succession general”.
When a Hindu male dies intestate in India, that is without leaving a will, the devolution of his property upon his heirs is done by the rules specified under the Hindu Succession Act 1956.
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 is a special Act.Though it has less sections but all are very effective. The Court can see this Act as guidance to use its discretion in judicious manner.
Principles of Trust: Classification and CreationPreeti Sikder
Learning Outcome:
Students will :
-be informed about the major divisions among the concept of trust
-learn about the basic legal conditions a trust has to fulfill under Trusts Act, 1882
The term “intestate succession” implies succession to the property of a person who dies without making any testamentary disposition of it.
It also refers to property which an intestate leaves behind him to pass to his heirs.
The Chapter under HSA containing Sections 5 to 17 are grouped under the heading “Intestate Succession general”.
When a Hindu male dies intestate in India, that is without leaving a will, the devolution of his property upon his heirs is done by the rules specified under the Hindu Succession Act 1956.
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 is a special Act.Though it has less sections but all are very effective. The Court can see this Act as guidance to use its discretion in judicious manner.
An Act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for thecontrol and regulation of operations relating to narcotic drugs and psychotropic substances 1[, to provide forthe forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances, toimplement the provisions of the International Convention on Narcotic Drugs and Psychotropic Substances]and for matters connected therewith.
HAQ: Center for Child Rights
B1/2, Ground Floor,
Malviya Nagar
New Delhi - 110017
Tel: +91-26677412,26673599
Fax: +91-26674688
Website: www.haqcrc.org
FaceBook Page: https://www.facebook.com/HaqCentreForChildRights
Points to be kept in mind while deciding sessions trialLegal
This document might provide some help to those who are dealing with Sessions Trial in Indian Courts. All care is taken to cover all points but if you find some mistake or some addition or deletion is required to me made, please inform me by e-mail:- hanifkaiz@yahoo.in
Property Rights of Daughters under Hindu Succession Act, 1956.pdfFree Law - by De Jure
The inheritance of property to the legal heirs is performed according to testament or will but if a person dies intestate then the transfer of property to the beneficiaries is performed as per the provisions of the Hindu Succession Act, 1956. This article provides a brief discussion of the Hindu Succession Act, of 1956, and its 2005 Amendment highlighting various changes that provide uniform order of succession with respect to the property rights of Hindu daughters.
Dad has the right to reject daughters.pdfnayanaNMH
Dad Refuse Property Will: The Hindu Succession Act of 1956 was revised in 2005 to grant women the same rights to family property. Few fathers provide their daughters equal property rights notwithstanding the law. A daughter should be aware of their property rights in such a situation.
We outline the circumstances in which women can make a clear claim in the property Will for all the women who are unsure of their rights surrounding their father’s property.
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.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
1. Changes brought by Hindu
Succession Amendment Act 2005 in
original Succession Act
BY - ANAND PRATAP
ARYA VASHIST
SHARDA UNIVERSITY
2. This amending Act of 2005 is an attempt to remove the
discrimination as contained in the amended section 6 of the
Hindu Succession Act, 1956 by giving equal rights to
daughters in the Hindu mitakshara coparcenary property as
to sons have. The amended Section 6 deals with devolution
of interest in coparcenary property. Section 6(1) provides
that the daughter of a coparcener in a joint family governed
by the Mitakshara law shall, on and from the date of
commencement of the Hindu Succession (Amendment) Act,
2005, by birth become a coparcener in her own right in the
same manner as the son
3. She shall have the same rights and be subjected to
the same disabilities in the coparcenary property as
that of a son and any reference to a Hindu
Mitakshara Coparcenary shall be deemed to include
a reference to a daughter of a coparcener. But this
provision does not apply to a married daughter
before the commencement of the Amendment Act,
2005
4. In Porchuri Sambasiva v. Porchari
Srinivassarao (2007) 59 AIC 14 (AP), it was
held that the daughter becomes coparcener
after The Hindu Succession (Amendment)
Act, 2005. The right of a daughter as
coparcener in family property arises only
after 2005 Amendment (Valliamal v.
Muniyappar (2009)
5. This is the product of 174th Report of the
Law Commission of India on "Property Rights
of Women:. 2005 act, by deleting a major
gender discriminatory clause - Section 4 (2) of
the 1956 HSA - has made women's inheritance
rights in agricultural land equal to men's.
7. Section 15 of the Hindu Succession Act which
specifies how the property of a female Hindu will
devolve also contains certain discriminatory
provisions. It states that in the absence of class I
heirs( son, daughters & husband) the property of
a female Hindu will go to her husband's heirs and
only if these heirs are not then will the property
devolve upon her mother and father. However, in
the absence of the mother and father, the
property will again devolve upon the heirs of the
father and only if there are no heirs of father will
the property devolve upon the heirs of the
mother.
9. Section 6
Before 2005: Son has independent birth right
inn joint family property as a
coparcener,Daughter can not be coparcener
after 2005: son and daughter both have right
and liability from the date of birth as a
coparcener in joint family property
10. Section 4(2)
before 2005: inheritance of
agricultural land is subject to state
level tenurial laws, and not to the HAS
after 2005: inheritance right in all
agricultural land are subject to the HSA
11. Section 23
before 2005: In a dwelling house where member
are residing no female heir can claim partition
and Daughter have right of residance only when
she is unmarried, deserted, or widowed
after 2005: now daughters (married or
unmarried) have the same right to reside in and
to claim partition of the parental dwelling house
same as son
12. Reference to section 8
before 2005: the class 1 heirs of hindu male include the
children of predeceased children but these are
recognised up to two generation for predeceased son
and up to one generation of predeceased daughter
after 2005: class 1 heirs of hindu male include up to 2
generation of both Son and Daughter
13. SECTION 24
before 2005: A widow is not entitled to inherit the
intestate property as a widow if on the date the
succession popen she has remarried
after 2005: A remaaried widow can inharit the
property even if they remaried