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…

Stridhan

“Culture does not make people. People make culture. If it is true that the full humanity of women is not our culture, then we can and must make it our culture.” ― Chimamanda Ngozi Adichie Daughters under Hindu law were not considered coparcenary until 2005 where the Hindu Succession (Amendment) Act, 2005 (39 of 2005)…

Women’s Estate

It was before 1956 that the concept of woman’s estate was established. The property of a woman was divided into two categories that are the Stridhan and the woman’s estate. After 1956 the concept of a woman’s estate was abolished.  The right of a woman on Stridhan is absolute. she can alienate, sell the property,…

Doctrine of Survivorship

In a Hindu joint family, the coparcenary rights over property are shared by the common ancestor and his three lineal male descendants. Under Mitakshara law the right in the property is acquired by birth and the right is enjoyed by him during his lifetime. On the death of the coparcener, the right to property is…

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)…