Under Islamic Law, there are various ways in which a person can dispose of his/her property by way of gift by either creating a waqf or by making a will. Will enables a person to dispose of his/her own property to someone whom he/she wants to give after his/her death. It comes into effect only…
Before the Hindu Succession Act, 1956[1]was enacted, there were two ancient schools of Hindu Law: Mitakshara School It was derived from the commentaries of Vijneshwara, written on Yajnavalkya Smriti. It is followed all over India except in the state of Assam and West Bengal. There are five types of Hindu Law: Benaras Hindu Law School…
Karta is the head of the Hindu Joint Family. The senior-most member of the family becomes the karta. There is a fiduciary relationship between the karta and other members of the family. The position of karta is unique. He works as a manager of the joint family. Karta takes care of the whole family and…
ARTICLE: Gender Equality In Hindu Succession Act The history of personal laws in India is rooted in India’s colonial past. Both Hindu and Muslim Personal Laws were brought in the early 20th century to protect the private realm of the household from the colonial state. These “Hindu” and “Mohammedan” laws were largely retained by the…
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…
The Hindu Succession Act of 1956 is the third step in the process of amending and codifying Hindu succession rules. It contains a large number of directions regarding intestate succession. It is based on the Mitakshara rule of succession in significant part, although it applies uniformly to every other school of Hindu law in India.…
Hindu joint family and coparcenary Hindu joint family is an important concept of Hindu jurisprudence. Hindu joint family comprises of common male ancestor and his lineal male descendants up to any generation along with the wives and widows of these descendants, unmarried daughters. Once a daughter is married she becomes a member of the joint…
