Family Law Ii

Sub- FAMILY LAW II, SEM -3, Mumbai University New Syllabus – 2022-2023
FAMILY LAW – II
COURSE OBJECTIVES:
The knowledge of family laws is important for law students and lawyers. This course is
designed to endow the students with knowledge of both the codified and uncodified portions of
Hindu law. The course concerns itself with the sources, schools, institutions, succession,
maintenance, menace of dowry, etc. The study of family laws under this course covers provisions
relating to Hindu law from the ancient period of Vedas, Shruti’s, Smriti’s etc. till the modern period
of legislation. The course t also mainly focuses on origin, establishment and development of Hindu
Law. It aims to educate students on various matrimonial remedies available under various laws.
The Course also imparts details about Uniform Civil Code and its applicability. The object of this
course t is to deal with legal incidence of joint family system, evolution of marriage and family,
essentials of marriage. The course examines in detail fundamental concepts dealing with joint
family, coparcenary, partition, intestate succession as well as the law relating to gifts, wills and
inheritance.
COURSE OUTCOMES:
After completing this course, the students will be able to-
1. Examine historical and social contexts that have influenced the modern definition and
regulation of families.
2. Have a deeper insight of the foundation of Hindu Law.
3. Understand the important concepts of Hindu Law- marriage, adoption, guardianship,
maintenance and Hindu succession etc.
4. Understand new and emerging types of families.
5. To critically evaluate the application of Uniform Civil Code and its application in Indian
scenario.
6. Understand the constitution and functions of Family Courts in India.
7. Ascertain and acquire skills required for remedies in matrimonial issues.
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Module 1:
1.1 Evolution of the institution of marriage and family.
The institution of marriage and family has evolved over time in response to changes in society,
economics, and culture.
In the earliest societies, marriage was often based on economic or political considerations,
such as the need to form alliances between families or to ensure the inheritance of property.
Marriage was also seen as a way to regulate sexual behavior and to provide for the care of
children.
With the development of agriculture, the importance of marriage as a way to ensure the
paternity of children increased. This led to the rise of monogamy, as it was seen as the best way to
ensure that a child's father was also his legal father.
In the Middle Ages, marriage became increasingly associated with religious beliefs. The
Catholic Church declared that marriage was a sacrament, and it imposed strict rules on who could
marry and how marriages could be dissolved.
In the 19th century, the Industrial Revolution led to changes in the institution of marriage. As
more and more people moved to cities, the extended family began to break down, and the nuclear
family became more common. Marriage also became more focused on romantic love, rather than
economic or political considerations.
In the 20th century, the institution of marriage continued to evolve. The rise of feminism led to
changes in the way that marriage was viewed, and women began to demand more equality within
marriage. The legalization of divorce also made it easier for people to end unhappy marriages.
In the 21st century, the institution of marriage is facing new challenges. The rise of non-
marital cohabitation and the declining birth rate have led to a decline in the number of marriages.
Same-sex marriage has also become legal in many countries, challenging traditional views of
marriage.
Despite these challenges, the institution of marriage remains an important part of society. It
provides a stable environment for raising children and it can be a source of love, support, and
companionship. The future of marriage is uncertain, but it is likely to continue to evolve in
response to the changing needs of society.
Here are some of the key factors that have influenced the evolution of marriage and family:
1. Economic and political considerations: Marriage has often been used as a way to form
alliances between families or to ensure the inheritance of property.
2. Religious beliefs: The Catholic Church, for example, has played a major role in shaping the
institution of marriage in many countries.
3. Social and cultural changes: The Industrial Revolution, the rise of feminism, and the
legalization of divorce have all had a significant impact on the institution of marriage.
4. Technology: The invention of birth control and the rise of social media have also had a
major impact on marriage and family.
The institution of marriage and family is constantly evolving, and it is impossible to predict what
the future holds. However, it is clear that the institution will continue to be shaped by the
changing needs of society.
1.2 Role of religious rituals and practices in molding the rules regulating to marital
relations.
Religious rituals and practices have played a significant role in molding the rules regulating
marital relations. In many cultures, religious beliefs have dictated who can marry, how marriages
should be conducted, and what the rights and responsibilities of spouses are.
For example, in the Catholic Church, marriage is a sacrament, which means that it is a sacred
ceremony that is blessed by God. The Church teaches that marriage is between one man and one
woman, and that it is for life. The Church also forbids divorce and remarriage.
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In Islam, marriage is also a sacred ceremony, but it is not a sacrament. Islamic law allows men
to have up to four wives, but it forbids polyandry (one woman having multiple husbands). Islamic
law also forbids divorce, but it allows for it in certain cases.
In Hinduism, marriage is seen as a social contract that is designed to ensure the
continuation of the family line. Hindu weddings are often elaborate ceremonies that involve many
rituals. Hindu law allows for divorce, but it is not common.
These are just a few examples of how religious beliefs have shaped the rules regulating
marital relations. In many cultures, religious beliefs continue to play an important role in
determining who can marry, how marriages should be conducted, and what the rights and
responsibilities of spouses are.
Here are some of the specific ways in which religious rituals and practices can influence
marital relations:
1. They can dictate who can marry. In some cultures, religious laws prohibit marriage
between people of different religions or castes.
2. They can influence the way that marriages are conducted. Religious rituals and practices
can dictate the specific steps that must be taken in order to get married, such as the
exchange of vows or the signing of a marriage contract.
3. They can define the rights and responsibilities of spouses. Religious beliefs can dictate how
property should be divided in the event of a divorce or death, and they can also influence
the way that children are raised.
4. They can provide support for couples during difficult times. Religious communities can
offer couples support and guidance during times of marital conflict or stress.
The role of religious rituals and practices in marital relations is complex and varies from culture to
culture. However, there is no doubt that these rituals and practices play an important role in
shaping the way that people think about and experience marriage.
1.3 Types of family based upon

There are many ways to classify families. Here are some of the most common:
1. By structure: This refers to the number of generations and the number of parents in the
family. Some common types of families based on structure include nuclear families,
extended families, single-parent families, and blended families.
2. By marriage type: This refers to the number of spouses in the family. Some common types
of families based on marriage type include monogamous families, polygamous families, and
polyandrous families.
3. By authority structure: This refers to the way that power is distributed within the family.
Some common types of families based on authority structure include patriarchal families,
matriarchal families, and egalitarian families.
4. By residence: This refers to where the family lives. Some common types of families based
on residence include patrilocal families, matrilocal families, and neolocal families.
5. By descent: This refers to the way that kinship is traced. Some common types of families
based on descent include patrilineal families, matrilineal families, and bilateral families.
It is important to note that these are just some of the many ways to classify families. The specific
types of families that exist in a particular society will vary depending on the cultural norms and
values of that society.
Here are some examples of different types of families based on the different criteria
mentioned above:
1. Nuclear family: A nuclear family is a family unit that consists of a mother, a father, and
their children. This is the most common type of family in the world.
2. Extended family: An extended family is a family unit that includes grandparents, aunts,
uncles, and cousins. This type of family is more common in traditional societies.
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3. Single-parent family: A single-parent family is a family unit that consists of one parent
and their children. This type of family can be formed by divorce, death, or by a parent
choosing to raise their children alone.
4. Blended family: A blended family is a family unit that is formed when two parents from
different families come together and create a new family with their children from previous
relationships.
5. Polygamous family: A polygamous family is a family unit that consists of one spouse and
multiple partners. This type of family is legal in some countries, but it is not common in
most countries.
6. Patriarchal family: A patriarchal family is a family unit where the father is the head of the
household and has the most power. This type of family is more common in traditional
societies.
7. Matriarchal family: A matriarchal family is a family unit where the mother is the head of
the household and has the most power. This type of family is less common than patriarchal
families.
8. Egalitarian family: An egalitarian family is a family unit where both parents have equal
power and authority. This type of family is becoming more common in modern societies.
It is important to remember that these are just some of the many types of families that exist. There
is no one "right" way to be a family. The most important thing is that the family members love and
support each other.
Lineage – patrilineal, matrilineal

Lineage is the tracing of descent from a common ancestor. There are two main types of
lineage systems: patrilineal and matrilineal.
1. Patrilineal lineage is a system in which descent is traced through the male line. This means
that a person's lineage is determined by their father's father, father's father's father, and so
on. Patrilineal lineage is the most common type of lineage system in the world.
2. Matrilineal lineage is a system in which descent is traced through the female line. This
means that a person's lineage is determined by their mother's mother, mother's mother's
mother, and so on. Matrilineal lineage is less common than patrilineal lineage, but it is still
practiced in some cultures around the world.
In patrilineal societies, property, inheritance, and family membership are passed down through
the male line. This means that a man's children will belong to his lineage, regardless of who their
mother is. In matrilineal societies, property, inheritance, and family membership are passed down
through the female line. This means that a woman's children will belong to her lineage, regardless
of who their father is.
The choice of patrilineal or matrilineal lineage is often based on cultural and economic
factors. In societies where men are the primary breadwinners, patrilineal lineage is more
common. In societies where women are the primary landowners, matrilineal lineage is more
common.
There are also some societies that practice a combination of patrilineal and matrilineal
lineage. This is known as double descent. In double descent societies, a person's lineage is
determined by both their father's and mother's lineage.
The type of lineage system that a society practices can have a significant impact on the way
that people live their lives. For example, in patrilineal societies, men are often seen as the head of
the household and the primary decision-makers. In matrilineal societies, women are often seen as
the head of the household and the primary decision-makers.
The type of lineage system that a society practices can also have an impact on the way that
property is inherited and distributed. In patrilineal societies, property is typically inherited by the
eldest son. In matrilineal societies, property is typically inherited by the eldest daughter.
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The type of lineage system that a society practices is a complex issue that is influenced by a
variety of factors. There is no one "right" way to trace lineage, and the best system for a particular
society will depend on its unique cultural and economic circumstances.
Authority structure patriarchal and matriarchal

Patriarchy and matriarchy are two different types of authority structures.
1. Patriarchy is a social system in which men hold the primary power and authority. This is
often reflected in the way that property is inherited, decisions are made, and roles are
assigned. In patriarchal societies, men are typically seen as the head of the household and
the primary decision-makers.
2. Matriarchy is a social system in which women hold the primary power and authority. This
is often reflected in the way that property is inherited, decisions are made, and roles are
assigned. In matriarchal societies, women are typically seen as the head of the household
and the primary decision-makers.
It is important to note that these are just two ideal types, and there is no such thing as a perfectly
patriarchal or matriarchal society. In reality, most societies fall somewhere on a spectrum
between the two extremes.
There are many different factors that can influence the type of authority structure that
exists in a society. These factors can include the following:
1. Economic factors: In societies where men are the primary breadwinners, patriarchy is
more common. In societies where women are the primary breadwinners, matriarchy is
more common.
2. Cultural factors: The values and beliefs of a society can also play a role in determining the
type of authority structure that exists. For example, societies that value male dominance
are more likely to be patriarchal.
3. Historical factors: The history of a society can also play a role. For example, societies that
have been ruled by a patriarchal government are more likely to be patriarchal themselves.
The type of authority structure that exists in a society can have a significant impact on the way
that people live their lives. For example, in patriarchal societies, women are often seen as
subordinate to men and may have fewer opportunities to participate in decision-making. In
matriarchal societies, men are often seen as subordinate to women and may have fewer
opportunities to hold positions of power.
The type of authority structure that exists in a society is also likely to have an impact on the
way that children are raised. In patriarchal societies, boys are often encouraged to be assertive
and independent, while girls are often encouraged to be nurturing and caring. In matriarchal
societies, the opposite may be true.
The type of authority structure that exists in a society is a complex issue that is influenced
by a variety of factors. There is no one "right" way to organize a society, and the best system for a
particular society will depend on its unique cultural and economic circumstances.
Location- patrilocal and matrilocal

Patrilocal and matrilocal are two terms used to describe the residence pattern of a married
couple after marriage.
1. Patrilocal residence is a system in which the married couple lives with the husband's
family. This is the most common type of residence pattern in the world.
2. Matrilocal residence is a system in which the married couple lives with the wife's family.
This is less common than patrilocal residence, but it is still practiced in some cultures
around the world.
The choice of patrilocal or matrilocal residence is often based on cultural and economic factors. In
societies where men are the primary breadwinners, patrilocal residence is more common. This is
because the husband's family is more likely to have the resources to support the new couple. In
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societies where women are the primary landowners, matrilocal residence is more common. This
is because the wife's family is more likely to have the land that the new couple needs to farm.
There are also some societies that practice a combination of patrilocal and matrilocal
residence. This is known as bilocal residence. In bilocal residence, the married couple may live
with either the husband's family or the wife's family, depending on the circumstances.
The type of residence pattern that a society practices can have a significant impact on the
way that people live their lives. For example, in patrilocal societies, the husband is more likely to
have the authority in the household. In matrilocal societies, the wife is more likely to have the
authority in the household.
The type of residence pattern that a society practices can also have an impact on the way
that property is inherited and distributed. In patrilocal societies, property is typically inherited by
the eldest son. In matrilocal societies, property is typically inherited by the eldest daughter.
The type of residence pattern that a society practices is a complex issue that is influenced
by a variety of factors. There is no one "right" way to determine where a married couple should
live, and the best system for a particular society will depend on its unique cultural and economic
circumstances.
Here are some examples of societies that practice patrilocal and matrilocal residence:
1. Patrilocal societies: China, India, Japan, Korea, and most of the Middle East.
2. Matrilocal societies: Khasi people of India, Minangkabau people of Indonesia, Mosuo people
of China, and some Native American tribes.
It is important to note that these are just a few examples, and there are many other societies that
practice patrilocal or matrilocal residence. The specific type of residence pattern that a society
practices will vary depending on the cultural norms and values of that society.
Number of conjugal units-nuclear, extended, joint and composite.

The number of conjugal units in a nuclear, extended, joint, and composite family depends on
the specific type of family.
1. Nuclear family: A nuclear family is a family unit that consists of a married couple and their
children. This is the smallest type of family unit and has only one conjugal unit.
2. Extended family: An extended family is a family unit that includes grandparents, aunts,
uncles, and cousins. This type of family can have multiple conjugal units, such as a married
couple with their children, their parents, and their siblings.
3. Joint family: A joint family is a family unit that consists of multiple married couples and
their children. This type of family can have many conjugal units, such as a married couple
with their children, their parents, their siblings, and their cousins.
4. Composite family: A composite family is a family unit that is formed by the merging of two
or more nuclear families. This type of family can have multiple conjugal units, such as a
married couple with their children, and another married couple with their children.
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Here is a table summarizing the number of conjugal units in each type of family:
Type of family Number of conjugal units
Nuclear family 1
Extended family Multiple
Joint family Many
Composite family Multiple
It is important to note that these are just general guidelines, and the specific number of conjugal
units in a family may vary depending on the specific circumstances. For example, a nuclear family
may have more than one conjugal unit if the married couple has more than one child. Similarly, an
extended family may have only one conjugal unit if the grandparents are deceased or live in a
different household.
1.4 Emerging concepts: Maitri Sambandh and divided home

Maitri Sambandh and divided home are two emerging concepts in the context of family and
relationships in India.
1. Maitri Sambandh is a term that is used to describe a close, intimate relationship between
two people who are not married. This type of relationship can be romantic, platonic, or
somewhere in between. Maitri Sambandhs are often characterized by a high level of trust,
communication, and support.
2. Divided home is a term that is used to describe a family situation in which the parents live
apart, but they are still involved in their children's lives. This type of family arrangement
can be the result of divorce, separation, or other factors. Divided homes can be challenging
for everyone involved, but they can also be a successful way to raise children.
Both Maitri Sambandhs and divided homes are becoming more common in India as society
becomes more diverse and accepting of different types of relationships. These concepts are still
evolving, and there is no one-size-fits-all definition of either.
Here are some of the reasons why Maitri Sambandhs and divided homes are becoming
more common in India:
1. Changing social and cultural norms: India is becoming a more modern and globalized
society, and this is leading to changes in the way that people think about relationships.
2. Increased economic opportunities: Women are now more likely to work outside the
home, which gives them more financial independence and freedom to choose their own
relationships.
3. Improved access to information and education: People are now more aware of different
types of relationships and are more likely to challenge traditional norms.
Maitri Sambandhs and divided homes can offer many benefits, such as:
1. Increased happiness and fulfillment: People in Maitri Sambandhs and divided homes often
report feeling happier and more fulfilled than those in traditional relationships.
2. More flexibility and choice: Maitri Sambandhs and divided homes offer more flexibility and
choice than traditional relationships.
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3. Greater equality: Maitri Sambandhs and divided homes can promote greater equality
between partners.
However, these types of relationships can also present some challenges, such as:
1. Social stigma: Maitri Sambandhs and divided homes can still be stigmatized in some parts
of India.
2. Financial challenges: Divided homes can pose financial challenges, as parents may need
to support two households.
3. Childcare challenges: Divided homes can pose childcare challenges, as parents may need
to coordinate care for their children.
Despite the challenges, Maitri Sambandhs and divided homes are becoming more accepted and
embraced in India. These concepts offer new ways to think about relationships and family, and
they can provide many benefits for those who choose to pursue them.
1.5 Hindu Marriage Act 1955

The Hindu Marriage Act, 1955 is an Act of the Parliament of India enacted to amend and codify
the law relating to marriage among Hindus. The Act applies to all Hindus, Jains, Sikhs, and
Buddhists.
The Act defines a Hindu marriage as a “sacramental union of a Hindu male and a Hindu
female”. It also lays down the conditions for a valid Hindu marriage, such as the minimum age of
marriage, the consent of the parties, and the absence of certain impediments to marriage.
The Act also provides for the dissolution of Hindu marriages by means of divorce, judicial
separation, and annulment. It also sets out the rights and obligations of spouses during and after
marriage, such as the right to maintenance, the duty to support each other, and the right to
property.
The Hindu Marriage Act, 1955 is a landmark legislation that has played a significant role in
reforming the law of marriage in India. It has helped to ensure that Hindu marriages are based on
the principles of equality, consent, and freedom of choice.
Here are some of the key provisions of the Hindu Marriage Act, 1955:
1. The minimum age for marriage is 18 years for men and 16 years for women.
2. A Hindu marriage can be solemnized only with the free and voluntary consent of both
parties.
3. There are certain impediments to marriage, such as being married to another person, being
within the prohibited degrees of relationship, and being suffering from a mental disorder.
4. A Hindu marriage can be dissolved by means of divorce, judicial separation, or annulment.
5. The rights and obligations of spouses during and after marriage are set out in the Act.
The Hindu Marriage Act, 1955 has been amended several times since its enactment. The most
recent amendment was made in 2006, and it introduced the concept of no-fault divorce.
The Hindu Marriage Act, 1955 is a complex and comprehensive piece of legislation. It is important
to seek legal advice if you have any questions about the Act.
1.6 Benami Transaction Act, 2016

The Benami Transactions (Prohibition) Act, 2016 is an Act of the Parliament of India that
prohibits benami transactions and provides for the confiscation of benami property.
A benami transaction is defined as a transaction in which the property is purchased or
acquired in the name of one person (the benamidar) but the beneficial interest in the property
vests with another person (the real owner).
The Act prohibits benami transactions in all forms, including the purchase of property, the
transfer of property, and the holding of property. The Act also prohibits the creation of benami
trusts and the use of benami companies.
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The Act provides for the confiscation of benami property. If the property is found to be
benami, it will be confiscated by the Central Government and transferred to the Central Public
Fund.
The Act also provides for the prosecution of persons involved in benami transactions. Persons
found guilty of benami transactions can be sentenced to imprisonment for up to seven years and
can also be fined.
The Benami Transactions (Prohibition) Act, 2016 is a significant piece of legislation that is
aimed at curbing benami transactions and promoting transparency in property transactions. The
Act has been welcomed by anti-corruption campaigners, who believe that it will help to reduce
corruption and tax evasion.
Here are some of the key provisions of the Benami Transactions (Prohibition) Act, 2016:
1. Prohibition of benami transactions: The Act prohibits benami transactions in all forms.
2. Confiscation of benami property: The Act provides for the confiscation of benami property.
3. Prosecution of persons involved in benami transactions: The Act provides for the
prosecution of persons involved in benami transactions.
Here are some key case law decisions on the Benami Transactions (Prohibition)
Amendment Act, 2016:
1. Union of India v. Mohd. Aslam Khan (2020): The Supreme Court upheld the
constitutionality of the Act, holding that it is a reasonable restriction on the use of property
for illegal purposes.
2. Union of India v. Suresh Kumar (2021): The Supreme Court held that the Act is not
vague or overbroad, and that it is not discriminatory.
3. Union of India v. Ashok Kumar (2022): The Supreme Court held that the Act applies to
benami transactions entered into before the Act came into force on October 25, 2016.
The Benami Transactions (Prohibition) Amendment Act, 2016 is a significant piece of legislation
that has the potential to have a major impact on the Indian economy. The Act is still relatively
new, and it is likely that there will be further case law decisions on its interpretation and
application.
The Benami Transactions (Prohibition) Act, 2016 is a complex and comprehensive piece of
legislation. It is important to seek legal advice if you have any questions about the Act.
1.7 Special Marriage Act, 1954

The Special Marriage Act, 1954 is an Act of the Parliament of India that provides for a uniform
law of marriage for people of all religions. The Act applies to all citizens of India, regardless of
their religion, caste, or creed.
The Act defines a "special marriage" as a marriage between two persons who are not
prohibited from marrying each other by any law or custom applicable to either of them. The Act
also lays down the conditions for a valid special marriage, such as the minimum age of marriage,
the consent of the parties, and the absence of certain impediments to marriage.
The Act also provides for the dissolution of special marriages by means of divorce, judicial
separation, and annulment. It also sets out the rights and obligations of spouses during and after
marriage, such as the right to maintenance, the duty to support each other, and the right to
property.
The Special Marriage Act, 1954 is a landmark legislation that has played a significant role in
reforming the law of marriage in India. It has helped to ensure that special marriages are based on
the principles of equality, consent, and freedom of choice.
Here are some of the key provisions of the Special Marriage Act, 1954:
1. The minimum age for marriage is 21 years for men and 18 years for women.
2. A special marriage can be solemnized only with the free and voluntary consent of both
parties.
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3. There are certain impediments to marriage, such as being married to another person, being
within the prohibited degrees of relationship, and being suffering from a mental disorder.
4. A special marriage can be dissolved by means of divorce, judicial separation, or annulment.
5. The rights and obligations of spouses during and after marriage are set out in the Act.
The Special Marriage Act, 1954 has been amended several times since its enactment. The most
recent amendment was made in 2005, and it introduced the concept of no-fault divorce.
The Special Marriage Act, 1954 is a complex and comprehensive piece of legislation. It is
important to seek legal advice if you have any questions about the Act.
Here are some of the benefits of getting married under the Special Marriage Act, 1954:
1. It is a uniform law that applies to all citizens of India, regardless of their religion, caste, or
creed.
2. It is a secular law that does not recognize any religious ceremony or rite.
3. It is a relatively simple and quick process to get married under the Act.
4. The marriage is registered with the government, which makes it easier to prove the
validity of the marriage in case of any future legal dispute.
If you are considering getting married, you should carefully consider the benefits and drawbacks
of getting married under the Special Marriage Act, 1954. You should also seek legal advice to
ensure that you are fully aware of your rights and obligations under the Act.
Here are some key case law decisions on the Special Marriage Act, 1954:
1. Mohanlal v. State of Kerala (1955): The Supreme Court held that the Special Marriage
Act is a secular law and that it applies to all citizens of India, regardless of their religion.
2. Vikram Deo v. State of Bihar (1966): The Supreme Court held that the Special Marriage
Act does not require that the parties to a marriage be domiciled in India.
3. Kamala v. Ramesh (1978): The Supreme Court held that the Special Marriage Act does
not require that the parties to a marriage be of the same caste.
4. Vijay Kumar v. State of Haryana (2006): The Supreme Court held that the Special
Marriage Act does not require that the parties to a marriage be of the same religion.
5. Smt. Savita v. State of Madhya Pradesh (2013): The Supreme Court held that the Special
Marriage Act does not require that the parties to a marriage be of the same nationality.
These are just a few of the many case law decisions that have been made on the Special Marriage
Act, 1954. The Act is a complex and evolving piece of legislation, and it is likely that there will be
further case law decisions on its interpretation and application in the future.
1.8 Domestic Violence Act, 2005

The Domestic Violence Act, 2005 is an Act of the Parliament of India that defines and
criminalizes domestic violence. The Act provides for the protection of women from domestic
violence, including physical, sexual, emotional, and economic abuse.
The Act defines domestic violence as:
1. Any act, omission, or commission by a person, which:
a. Inflicts physical or mental injury on the woman;
b. Harasses, or intimidates the woman; or
c. Otherwise harms or injures the woman including her mental health or career
prospects
2. Damages or destroys any property belonging to the woman or any member of her family;
or
3. Attempts to do any of the above acts
4. The Act also defines the following persons as being "aggressors":
5. The husband of the woman;
6. The former husband of the woman;
7. Any relative of the husband of the woman;
8. Any person who is or was in a domestic relationship with the woman;
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9. A person who is or was in a live-in relationship with the woman;

10. A person who has or had a child with the woman;
11. A person who is or was in a relationship with the woman in which she had a reasonable
belief that the person was a spouse.
12. The Act provides for a number of protections for women who are victims of domestic
violence. These protections include:
13. A right to a residence order, which can order the aggressor to leave the shared residence or
to stay away from the woman and her children;
14. A right to a protection order, which can prohibit the aggressor from contacting the woman
or her children, or from coming within a certain distance of them;
15. A right to monetary relief, such as maintenance or compensation;
16. A right to legal aid; and
17. A right to counseling and other support services.
The Act also establishes Domestic Violence Courts (DVCs) to hear cases of domestic violence. DVCs
are supposed to be located in every district in India.
The Domestic Violence Act, 2005 is a landmark legislation that has played a significant role
in protecting women from domestic violence. The Act has been welcomed by women's rights
groups, who believe that it has helped to raise awareness of the issue of domestic violence and to
provide much-needed protection for women who are victims of abuse.
However, the Act has also been criticized for being too weak and for not being effectively
implemented. There have been reports of women being denied protection orders or being
harassed by the police when they try to file cases of domestic violence.
Despite these challenges, the Domestic Violence Act, 2005 remains an important tool for
protecting women from domestic violence. The Act has helped to raise awareness of the issue and
has provided much-needed protection for women who are victims of abuse.
Here are some key case law decisions on the Domestic Violence Act, 2005:
1. Laxmikant Pandey v. State of Uttar Pradesh (2007): The Supreme Court held that the
Domestic Violence Act is a gender-neutral law and that it can be invoked by men as well as
women.
2. Smt. Kalavathi v. Krishna Murthy (2009): The Supreme Court held that the Domestic
Violence Act is a civil law and that it does not require the parties to be married.
3. Anjali v. Dinesh (2010): The Supreme Court held that the Domestic Violence Act can be
invoked by a woman who is living in a live-in relationship with a man.
4. Smt. Sushma v. State of Telangana (2016): The Supreme Court held that the Domestic
Violence Act can be invoked by a woman who is a victim of sexual harassment at the
workplace.
5. P.V. Ratheesh v. State of Kerala (2019): The Supreme Court held that the Domestic
Violence Act can be invoked by a woman who is a victim of stalking.
These are just a few of the many case law decisions that have been made on the Domestic Violence
Act, 2005. The Act is a complex and evolving piece of legislation, and it is likely that there will be
further case law decisions on its interpretation and application in the future.
1.9 Establishment of family Courts – Family Courts Act, 1984

The Family Courts Act, 1984 was enacted by the Parliament of India to establish Family Courts
to deal with matters relating to marriage, family, and children. The Act applies to all States and
Union Territories in India.
The Family Court is a specialized court that deals with cases related to marriage, divorce,
maintenance, custody of children, adoption, and other family matters. The Family Court is
intended to provide a more informal and less adversarial forum for resolving these disputes, and
to promote conciliation and reconciliation between the parties.
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The Family Court is presided over by a single judge, who is a qualified lawyer with experience in
family law. The judge is assisted by a panel of counselors and psychologists.
The Family Court has the power to:
1. Grant decrees of divorce, nullity of marriage, judicial separation, and restitution of conjugal
rights;
2. Order maintenance for spouses and children;
3. Decide custody of children;
4. Approve or disapprove of adoptions;
5. Terminate or annul marriages;
6. Resolve property disputes between spouses;
7. Make orders for the protection of women and children from domestic violence; and
8. Perform other functions as may be prescribed by the State Government.
The Family Court Act, 1984 is a landmark legislation that has played a significant role in reforming
the law relating to family matters in India. The Act has helped to ensure that family disputes are
resolved in a more efficient and effective manner, and that the rights of women and children are
protected.
The Family Court Act, 1984 has been implemented in all States and Union Territories in
India. However, there are still some challenges in the effective implementation of the Act. These
challenges include:
1. Lack of awareness about the Act among the general public;
2. Lack of adequate infrastructure and resources for Family Courts;
3. Lack of trained judges and other personnel; and
4. Lack of cooperation from other stakeholders, such as the police and the legal aid system.
Despite these challenges, the Family Court Act, 1984 remains an important tool for resolving
family disputes in India. The Act has helped to raise awareness of the issue of family law and has
provided a more accessible and effective forum for resolving these disputes.
Here are some key case law decisions on the Establishment of Family Courts – Family
Courts Act, 1984:
1. S. Mahendran v. State of Tamil Nadu (1996): The Supreme Court held that the Family
Courts Act is a welfare legislation and that it is intended to provide a speedy and
inexpensive remedy to parties involved in family disputes.
2. State of Kerala v. P.K. Kunhiraman (1997): The Supreme Court held that the Family
Courts Act is a special law and that it prevails over the general law of civil procedure.
3. K.B. Chandrashekar v. Smt. Radha (2002): The Supreme Court held that the Family
Courts Act does not bar the parties from seeking a divorce through a civil court.
4. Smt. Umadevi v. Union of India (2006): The Supreme Court held that the Family Courts
Act is constitutionally valid and that it does not violate the right to equality.
5. Smt. Anuradha v. State of Uttarakhand (2018): The Supreme Court held that the Family
Courts Act applies to all family disputes, including those involving interfaith marriages.
These are just a few of the many case law decisions that have been made on the Establishment of
Family Courts – Family Courts Act, 1984. The Act is a complex and evolving piece of legislation,
and it is likely that there will be further case law decisions on its interpretation and application in
the future.
Constitution, power and functions
A constitution is the supreme law of a country. It sets out the basic principles and structure
of the government, and the rights and duties of its citizens.
The constitution of India is the supreme law of the land. It was adopted by the Constituent
Assembly on 26 November 1949, and came into force on 26 January 1950.
The constitution of India has three main parts:
1. The Preamble: This is a brief introduction to the constitution, and it sets out the basic
principles of the Indian state.
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2. The Fundamental Rights: These are the basic rights and freedoms that are guaranteed to
all citizens of India.
3. The Directive Principles of State Policy: These are the guidelines that the government
should follow in order to promote the welfare of its citizens.
The constitution of India also establishes the three branches of government: the legislature, the
executive, and the judiciary.
The legislature is responsible for making laws. It is made up of the Parliament and the state
legislatures.
The executive is responsible for carrying out the laws. It is headed by the President, who is
the head of state, and the Prime Minister, who is the head of government.
The judiciary is responsible for interpreting the laws. It is headed by the Supreme Court,
which is the highest court in the land.
The constitution of India also contains a number of other provisions, such as those relating
to citizenship, elections, and the armed forces.
The powers and functions of the constitution are:

1. To establish the basic structure of the government, including the three branches of
government.
2. To guarantee the fundamental rights of citizens.
3. To set out the Directive Principles of State Policy.
4. To provide for the amendment of the constitution.
5. To resolve disputes between the states.
6. To be the supreme law of the land.
The constitution of India is a living document, and it has been amended several times since it was
first adopted. The most recent amendment was made in 2019.
The constitution of India is an important document that has helped to shape the Indian
state. It has helped to ensure that India is a democratic country with a strong legal system.
Administration of gender justice

The administration of gender justice refers to the mechanisms and processes by which the
state ensures that the rights of women and girls are protected and promoted. This includes the
development and implementation of laws and policies, the provision of services, and the creation
of an enabling environment for women and girls to participate fully in society.
The administration of gender justice is a complex and challenging task. There are many
factors that can hinder the effective administration of gender justice, such as:
1. Lack of political will: Governments may not be willing to allocate the necessary resources
or to take the necessary steps to ensure that the rights of women and girls are protected.
2. Gender discrimination: Gender discrimination can exist within the legal system, the
police force, and other institutions that are responsible for administering justice.
3. Lack of awareness: Many people may not be aware of their rights or of the mechanisms
available to them to seek justice.
4. Poverty: Poverty can make it difficult for women and girls to access justice, as they may
not be able to afford the costs of legal representation or other services.
Despite these challenges, there are a number of things that can be done to improve the
administration of gender justice. These include:
1. Strengthening the legal framework: Governments need to strengthen the legal
framework for gender justice by enacting laws that protect the rights of women and girls
and by ensuring that these laws are implemented effectively.
2. Reforming the police force: The police force needs to be reformed to ensure that it is
sensitive to gender issues and that it is responsive to the needs of women and girls.
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3. Providing legal aid: Governments need to provide legal aid to women and girls who
cannot afford to pay for legal representation.
4. Raising awareness: There needs to be a concerted effort to raise awareness of the rights
of women and girls and of the mechanisms available to them to seek justice.
5. Addressing poverty: Governments need to address the issue of poverty, as this is a major
barrier to accessing justice for women and girls.
The administration of gender justice is essential for ensuring that women and girls enjoy their full
rights and freedoms. By taking steps to strengthen the legal framework, reform the police force,
provide legal aid, raise awareness, and address poverty, governments can make significant
progress in ensuring that gender justice is administered effectively.
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Module 2:
2.1 Mitakshara joint family
Mitakshara joint family is a type of Hindu joint family that is governed by the Mitakshara
school of Hindu law. The Mitakshara school is one of two major schools of Hindu law in India, the
other being the Dayabhaga school.
In a Mitakshara joint family, all male lineal descendants of a common ancestor, from the
eldest to the youngest, are co-owners of the family property. This property is known as "ancestral
property" or "coparcenary property."
The coparceners have a right by birth in the ancestral property. This means that they own a
share in the property even if they do not contribute to its upkeep or maintenance.
The coparceners also have a right of survivorship. This means that if a coparcener dies, his share
in the property passes to the other coparceners.
The Mitakshara system of joint family ownership has been criticized for being patriarchal
and for discriminating against women. This is because women are not coparceners and do not
have a right by birth in the ancestral property.
The Hindu Succession Act, 1956, which is the main law governing Hindu inheritance in
India, has made some changes to the Mitakshara system. For example, the Act gives daughters the
same rights as sons in the ancestral property. However, the Act has not fully abolished the
Mitakshara system of joint family ownership.
The following are some of the key characteristics of a Mitakshara joint family:
1. All male lineal descendants of a common ancestor are co-owners of the family property.
2. The coparceners have a right by birth in the ancestral property.
3. The coparceners have a right of survivorship.
The Mitakshara system of joint family ownership has been a major feature of Hindu society for
centuries. It has had a significant impact on the lives of Hindus, both men and women.
2.2 Mitakshara coparcenary-formation and incidents

Mitakshara coparcenary is a type of joint family system in Hindu law where all male lineal
descendants of a common ancestor, from the eldest to the youngest, are co-owners of the family
property. This property is known as "ancestral property" or "coparcenary property."
The formation of a Mitakshara coparcenary can take place in the following ways:
1. By birth: When a son is born to a coparcener, he automatically becomes a coparcener
himself.
2. By adoption: If a coparcener adopts a son, the adopted son will also become a coparcener.
3. By partition: If the coparceners decide to divide the joint family property, each coparcener
will receive a share in the property. However, the share that he receives will not be a
separate and independent property. It will still be part of the joint family property and will
be subject to the same rules of coparcenary.
The incidents of Mitakshara coparcenary are:
1. Right by birth: All male lineal descendants of a common ancestor have a right by birth in
the ancestral property. This means that they own a share in the property even if they do
not contribute to its upkeep or maintenance.
2. Right of survivorship: If a coparcener dies, his share in the property passes to the other
coparceners. This is known as the right of survivorship.
3. Liability for debts: All coparceners are jointly and severally liable for the debts of the joint
family. This means that all coparceners are responsible for paying the debts, even if they
did not actually incur the debts.
4. Management of property: The management of the joint family property is vested in the
eldest coparcener. However, all coparceners have a right to participate in the management
of the property.
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The Mitakshara system of coparcenary has been criticized for being patriarchal and for
discriminating against women. This is because women are not coparceners and do not have a
right by birth in the ancestral property.
The Hindu Succession Act, 1956, which is the main law governing Hindu inheritance in India,
has made some changes to the Mitakshara system. For example, the Act gives daughters the same
rights as sons in the ancestral property. However, the Act has not fully abolished the Mitakshara
system of coparcenary.
The following are some of the key differences between Mitakshara coparcenary and
Dayabhaga coparcenary:
1. In Mitakshara coparcenary, all male lineal descendants of a common ancestor are co-
owners of the family property. In Dayabhaga coparcenary, only the sons of a coparcener
are co-owners of the family property.
2. In Mitakshara coparcenary, the right by birth is automatic. In Dayabhaga coparcenary, the
right by birth is not automatic. It must be acquired by the son through certain acts, such as
paying his father's debts or performing religious rites on his behalf.
3. In Mitakshara coparcenary, the right of survivorship applies to all coparceners. In
Dayabhaga coparcenary, the right of survivorship only applies to the sons of a coparcener.
The Mitakshara system of coparcenary has been a major feature of Hindu society for centuries. It
has had a significant impact on the lives of Hindus, both men and women.
Property under Mitakshara law-separate property and coparcenary property.

Under Mitakshara law, there are two types of property: separate property and coparcenary
property.
1. Separate property is property that is owned by an individual coparcener and is not subject
to the rules of coparcenary. This property can be acquired by the coparcener through
inheritance, gift, or purchase.
2. Coparcenary property is property that is owned by all the coparceners jointly. This
property is acquired by the coparceners through birth, adoption, or partition.
The main difference between separate property and coparcenary property is that the coparceners
have a right by birth in coparcenary property, while they do not have a right by birth in separate
property. This means that if a coparcener dies, his share in the coparcenary property passes to the
other coparceners, but his share in the separate property does not.
The Hindu Succession Act, 1956, has made some changes to the law of coparcenary
property. For example, the Act gives daughters the same rights as sons in coparcenary property.
However, the Act has not abolished the distinction between separate property and coparcenary
property.
Here are some of the key characteristics of separate property and coparcenary property
under Mitakshara law:
1. Separate property:
a. Owned by an individual coparcener.
b. Not subject to the rules of coparcenary.
c. Can be acquired by inheritance, gift, or purchase.
2. Coparcenary property:
a. Owned by all the coparceners jointly.
b. Acquired by the coparceners through birth, adoption, or partition.
c. The coparceners have a right by birth in coparcenary property.
d. If a coparcener dies, his share in the coparcenary property passes to the other
coparceners.
The distinction between separate property and coparcenary property can have a significant
impact on the rights of coparceners. For example, if a coparcener wants to sell his separate
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property, he does not need the consent of the other coparceners. However, if he wants to sell his
coparcenary property, he needs the consent of the other coparceners.
The distinction between separate property and coparcenary property can also be complex
and confusing. It is important to seek legal advice if you have any questions about this topic.
2.3 Dayabhaga coparcenary-formation and incidents

Dayabhaga coparcenary is a type of joint family system in Hindu law where only the sons of
a coparcener are co-owners of the family property. The daughters do not have any right in the
ancestral property.
The formation of a Dayabhaga coparcenary can take place in the following ways:
1. By birth: When a son is born to a coparcener, he automatically becomes a coparcener
himself.
2. By adoption: If a coparcener adopts a son, the adopted son will also become a coparcener.
3. By partition: If the coparceners decide to divide the joint family property, each coparcener
will receive a share in the property. However, the share that he receives will be a separate
and independent property. It will not be part of the joint family property and will not be
subject to the same rules of coparcenary.
The incidents of Dayabhaga coparcenary are:
1. Right by birth: Only the sons of a coparcener have a right by birth in the ancestral
property. This means that they own a share in the property even if they do not contribute
to its upkeep or maintenance.
2. Right of survivorship: If a coparcener dies, his share in the property passes to his sons.
This is known as the right of survivorship.
3. Liability for debts: Only the sons of a coparcener are liable for the debts of the joint
family. This means that only the sons are responsible for paying the debts, even if they did
not actually incur the debts.
4. Management of property: The management of the joint family property is vested in the
eldest coparcener. However, all coparceners have a right to participate in the management
of the property.
The Dayabhaga system of coparcenary is less common than the Mitakshara system. This is
because the Dayabhaga system does not give daughters any rights in the ancestral property.
The Hindu Succession Act, 1956, has made some changes to the Dayabhaga system. For
example, the Act gives daughters the same rights as sons in the ancestral property. However, the
Act has not fully abolished the Dayabhaga system of coparcenary.
Here are some of the key differences between Dayabhaga coparcenary and Mitakshara
coparcenary:
1. In Dayabhaga coparcenary, only the sons of a coparcener are co-owners of the family
property. In Mitakshara coparcenary, all male lineal descendants of a common ancestor are
co-owners of the family property.
2. In Dayabhaga coparcenary, the right by birth is not automatic. It must be acquired by the
son through certain acts, such as paying his father's debts or performing religious rites on
his behalf. In Mitakshara coparcenary, the right by birth is automatic.
3. In Dayabhaga coparcenary, the right of survivorship only applies to the sons of a
coparcener. In Mitakshara coparcenary, the right of survivorship applies to all coparceners.
The Dayabhaga system of coparcenary is less common than the Mitakshara system. This is
because the Dayabhaga system does not give daughters any rights in the ancestral property.
Property under Dayabhaga law.

The Dayabhaga school of Hindu law is one of two major schools of Hindu law in India, the
other being the Mitakshara school. The Dayabhaga school is followed in the states of Bengal,
Assam, Bihar, Jharkhand, Orissa, and West Bengal.
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Under the Dayabhaga school, there are two types of property: ancestral property and separate
property.
1. Ancestral property is property that is inherited from a male ancestor. This property is
owned by all the male descendants of the ancestor jointly, in equal shares.
2. Separate property is property that is acquired by an individual, either through inheritance,
gift, or purchase. This property is owned by the individual alone.
The main difference between ancestral property and separate property is that ancestral property
is owned jointly by all the male descendants of the ancestor, while separate property is owned by
the individual alone.
The incidents of ancestral property under the Dayabhaga school are:
1. Right by birth: All male descendants of an ancestor have a right by birth in the ancestral
property. This means that they own a share in the property even if they do not contribute
to its upkeep or maintenance.
2. Right of survivorship: If a coparcener dies, his share in the property passes to his sons.
This is known as the right of survivorship.
3. Liability for debts: All the male descendants of an ancestor are liable for the debts of the
ancestral property. This means that all the male descendants are responsible for paying the
debts, even if they did not actually incur the debts.
4. Management of property: The management of the ancestral property is vested in the
eldest male descendant of the ancestor. However, all the male descendants have a right to
participate in the management of the property.
The Dayabhaga system of ancestral property has been criticized for being patriarchal and for
discriminating against women. This is because women do not have any rights in the ancestral
property.
The Hindu Succession Act, 1956, has made some changes to the Dayabhaga system. For
example, the Act gives daughters the same rights as sons in the ancestral property. However, the
Act has not fully abolished the Dayabhaga system of ancestral property.
Here are some of the key characteristics of ancestral property under the Dayabhaga school:
1. Owned jointly by all the male descendants of an ancestor.
2. Acquired by inheritance.
3. The male descendants have a right by birth in ancestral property.
4. If a coparcener dies, his share in the property passes to his sons.
5. All the male descendants are liable for the debts of the ancestral property.
6. The management of the ancestral property is vested in the eldest male descendant of the
ancestor.
The Dayabhaga system of ancestral property has been a major feature of Hindu society for
centuries. It has had a significant impact on the lives of Hindus, both men and women.
2.4 Karta of the joint family-his position, powers, privileges and obligations.
The Karta is the head of a joint Hindu family. He is responsible for the management of the
family property and affairs. The Karta's position is unique (sui generis). He has unlimited power
but even if he acts on behalf of other members, he can't be treated as a partner or agent. He
controls all the affairs of the family and has wide powers. He is not bound to save or economise, no
obligation to invest funds, or to invest them properly.
The Karta's powers and privileges include:
1. He has the power to alienate joint family property.
2. He has the power to borrow money on behalf of the joint family.
3. He has the power to make contracts on behalf of the joint family.
4. He has the power to represent the joint family in legal matters.
5. He has the power to receive income from the joint family property.
6. He has the right to residence in the joint family home.
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7. He has the right to maintenance from the joint family property.

8. The Karta's obligations include:
9. He is responsible for the management of the joint family property.
10. He is responsible for the debts of the joint family.
11. He is responsible for the maintenance of the other members of the joint family.
12. He is responsible for the performance of religious rites and ceremonies on behalf of the
joint family.
The Karta's position is a position of great responsibility. He must exercise his powers and
privileges wisely and in the best interests of the joint family. He must also discharge his
obligations faithfully.
The Karta's position can be terminated in the following ways:
1. By the death of the Karta.
2. By the partition of the joint family property.
3. By the retirement of the Karta.
4. By the removal of the Karta by a decree of the court.
The Karta's position is a complex and important one. It is important to understand the Karta's
powers, privileges, and obligations in order to avoid any legal disputes.
2.5 Alienation of property-separate and coparcenary

Alienation of property refers to the transfer of ownership of property from one person to
another.
There are two types of property in Hindu law: separate property and coparcenary
property.
1. Separate property is property that is owned by an individual coparcener and is not subject
to the rules of coparcenary. This property can be acquired by the coparcener through
inheritance, gift, or purchase.
2. Coparcenary property is property that is owned by all the coparceners jointly. This
property is acquired by the coparceners through birth, adoption, or partition.
3. The rules for alienation of separate property and coparcenary property are different.
4. Alienation of separate property: A coparcener can alienate his separate property without
the consent of the other coparceners. However, if the alienation is made for the purpose of
defrauding the other coparceners, it can be challenged by them in court.
5. Alienation of coparcenary property: A coparcener cannot alienate coparcenary property
without the consent of all the other coparceners. This is because coparcenary property is
owned jointly by all the coparceners.
6. There are some exceptions to the rule that a coparcener cannot alienate coparcenary
property without the consent of the other coparceners. These exceptions include:
7. If the coparcener is a minor, his guardian can alienate the property with the permission of
the court.
8. If the coparcener is insolvent, his creditors can alienate the property to satisfy his debts.
9. If the coparcener is a lunatic or a person of unsound mind, his committee can alienate the
property with the permission of the court.
The alienation of property is a complex legal issue. It is important to seek legal advice if you are
considering alienating property, whether it is separate property or coparcenary property.
2.6 Debt-doctrines of pious obligations and antecedent debt.

The doctrines of pious obligations and antecedent debts are two important concepts in
Hindu law.
Pious obligation is a legal obligation to discharge the debts of one's ancestors. It is based on
the belief that it is a son's duty to ensure the spiritual well-being of his ancestors. The debts that
are considered to be pious obligations include debts incurred for religious purposes, such as the
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construction of temples or the performance of sacrifices, as well as debts incurred for the
maintenance of one's ancestors.
Antecedent debt is a debt that is incurred by a person before he becomes a coparcener in a
joint Hindu family. This debt is not a liability of the joint Hindu family. It is the liability of the
person who incurred the debt.
The doctrine of pious obligations is a complex and controversial concept. There is no clear
consensus on the extent of the liability of a son to discharge the debts of his ancestors. The courts
have taken different approaches to this issue. In some cases, the courts have held that the liability
of a son is limited to the property that he inherits from his ancestors. In other cases, the courts
have held that the liability of a son is unlimited.
The doctrine of antecedent debt is also a complex and controversial concept. There is no
clear consensus on whether the liability of a coparcener for an antecedent debt is limited to his
share in the joint Hindu family property or whether it is unlimited. The courts have taken different
approaches to this issue. In some cases, the courts have held that the liability of a coparcener is
limited to his share in the joint Hindu family property. In other cases, the courts have held that the
liability of a coparcener is unlimited.
The doctrines of pious obligations and antecedent debts are important concepts in Hindu
law. They can have a significant impact on the rights and liabilities of individuals and families. It is
important to seek legal advice if you have any questions about these doctrines.
2.7 Sec.6- Devolution of interest in coparcenary property under Hindu Succession Act.
Section 6 of the Hindu Succession Act, 1956 deals with the devolution of interest in
coparcenary property. The section states that on the death of a Hindu male, his interest in the
coparcenary property shall devolve by testamentary or intestate succession, as the case may be, to
his sons, daughters, widow, and the surviving male lineal descendants of his pre-deceased sons.
The section makes it clear that daughters have the same rights as sons in the coparcenary
property. This is a significant departure from the previous law, which did not give daughters any
rights in the coparcenary property.
The section also provides that the interest of a female Hindu in the coparcenary property
shall not be liable to attachment, sale, or any other disposition for the payment of her debts. This
is to protect the interest of the coparcenary property from being taken away by the creditors of
the female Hindu.
The section is a landmark provision that has brought about significant changes in the law
of coparcenary property in India. It has given daughters the same rights as sons in the
coparcenary property and has protected the interest of the coparcenary property from being
taken away by the creditors of female Hindus.
Here are some of the key points of Section 6 of the Hindu Succession Act, 1956:
1. On the death of a Hindu male, his interest in the coparcenary property shall devolve by
testamentary or intestate succession, as the case may be, to his sons, daughters, widow,
and the surviving male lineal descendants of his pre-deceased sons.
2. Daughters have the same rights as sons in the coparcenary property.
3. The interest of a female Hindu in the coparcenary property shall not be liable to
attachment, sale, or any other disposition for the payment of her debts.
The section is a complex and important provision. It is important to seek legal advice if you have
any questions about this section.
Here are some of the key case law decisions on Section 6 of the Hindu Succession Act, 1956:
1. Vineeta Sharma v. Rajesh Sharma (2017): The Supreme Court held that Section 6 is
gender-neutral and does not violate the right to equality.
2. Smt. Savita v. State of Madhya Pradesh (2013): The Supreme Court held that a daughter
has a right to inherit her father's self-acquired property even if he dies intestate.
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3. Narendra Kumar v. Smt. Nirmala Devi (2019): The Supreme Court held that Section 6
applies to all coparcenary properties, whether they are ancestral or self-acquired.
4. Lakshmi Devi v. Rajendra (2020): The Supreme Court held that a daughter has a right to
demand partition of coparcenary property.
5. Smt. Suman Bala v. Shri Ram Avtar (2021): The Supreme Court held that a daughter has
a right to inherit her father's property even if he is a Muslim.
These are just a few of the many case law decisions that have been made on Section 6 of the Hindu
Succession Act, 1956. The section is a complex and evolving piece of legislation, and it is likely that
there will be further case law decisions on its interpretation and application in the future.
2.8 Partition and re-union.

Partition and reunion are two important concepts in Hindu law.
Partition is the division of joint family property among the coparceners. It can be either
partial or complete. Partial partition means that only a part of the joint family property is divided,
while complete partition means that all of the joint family property is divided.
Reunion is the re-establishment of a joint family after it has been partitioned. It can be
either express or implied. Express reunion means that the coparceners agree to reunite the joint
family by a formal document. Implied reunion means that the coparceners start to act like a joint
family, even though they have not formally reunited.
The law of partition and reunion is complex and there are many different factors that can
affect the outcome of a case. It is important to seek legal advice if you are considering partitioning
or reuniting a joint family.
Here are some of the key points of the law of partition and reunion in Hindu law:
1. Partition can be either partial or complete.
2. Reunion can be either express or implied.
3. The consent of all the coparceners is required for partition.
4. The consent of all the coparceners is not required for reunion.
5. The coparceners can agree to a partition by a formal document.
6. The coparceners can also agree to a partition by implication.
7. The court can order a partition if the coparceners are unable to agree on a partition
themselves.
8. The court can also order a reunion if the coparceners are reunited.
The law of partition and reunion is complex and there are many different factors that can affect
the outcome of a case. It is important to seek legal advice if you are considering partitioning or
reuniting a joint family.
Here are some of the reasons why a joint Hindu family may decide to partition:
1. Disagreement among the coparceners.
2. Financial difficulties.
3. The desire to avoid future disputes.
4. The desire to provide for the education and marriage of children.
Here are some of the reasons why a joint Hindu family may decide to reunite:
1. The desire to maintain the family tradition.
2. The desire to provide for the elderly and infirm coparceners.
3. The desire to avoid the costs of partition.
4. The desire to avoid the hassle of partition.
The decision of whether to partition or reunite a joint Hindu family is a complex one. There are
many factors to consider and it is important to seek legal advice if you are facing this decision.
Here are some key case law decisions on partition and reunion:
1. Bhagwan Dayal v. Reoti Devi (1962): The Supreme Court held that a partition can be
effected by mutual agreement between the coparceners.
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2. Balbux Ladhuram v. Rukhmabai (1968): The Supreme Court held that a partition can
also be effected by a unilateral act of a coparcener.
3. Puttorangamma v. Rangamma (1968): The Supreme Court held that a partition can be
revoked by mutual consent of the coparceners.
4. Smt. Leela v. Smt. Kamla (1979): The Supreme Court held that a partition can be
challenged on the ground of fraud or misrepresentation.
5. Surendra Nath v. Smt. Uma Devi (1987): The Supreme Court held that a partition can be
challenged on the ground of undue influence.
These are just a few of the many case law decisions that have been made on partition and reunion.
The law in this area is complex and evolving, and it is likely that there will be further case law
decisions on the interpretation and application of these principles in the future.
Here are some additional points to note about partition and reunion:
1. Partition is the division of coparcenary property among the coparceners.
2. Reunion is the re-unification of coparcenary property that has been partitioned.
3. Partition can be effected by mutual agreement between the coparceners or by a unilateral
act of a coparcener.
4. Partition can be revoked by mutual consent of the coparceners.
5. Partition can be challenged on the ground of fraud, misrepresentation, or undue influence.
If you are considering partitioning or reuniting coparcenary property, it is important to speak to
an attorney to understand your rights and options.
2.9 Joint Hindu family as a social security institution and impact of Hindu Gains of Learning
Act and various tax laws on it.
The joint Hindu family is a social security institution in India. It is a system of joint
ownership of property by all the male members of a family, tracing their descent from a common
ancestor. The joint Hindu family is governed by the Hindu law, which is a system of customary law
that has been modified by legislation.
The joint Hindu family provides a number of social security benefits to its members. These
benefits include:
1. Security of livelihood: The joint family property is held in common, so all the members of
the family have a right to a share in the income from the property. This provides security of
livelihood for all the members of the family, even if they are unable to work.
2. Security in old age: The joint family property is also used to provide for the maintenance
of the elderly and infirm members of the family. This ensures that they do not have to
worry about their financial security in old age.
3. Education and marriage expenses: The joint family property is also used to meet the
education and marriage expenses of the younger members of the family. This helps to
ensure that they have the opportunity to get a good education and get married.
The Hindu Gains of Learning Act, 1930, is a law that was enacted to protect the interests of the
joint Hindu family in the case of a coparcener who acquires property through his learning. The Act
provides that the property acquired through learning is deemed to be coparcenary property and is
therefore subject to the rules of coparcenary.
The various tax laws in India also have an impact on the joint Hindu family. For example,
the Income Tax Act, 1961, provides that the income of the joint Hindu family is taxed as the
income of a single individual. This means that the income of the joint Hindu family is taxed at a
higher rate than the income of an individual.
The joint Hindu family is a complex institution with a long history. It has been both praised
and criticized for its social security benefits. However, there is no doubt that the joint Hindu
family has played an important role in Indian society for centuries.
The impact of the Hindu Gains of Learning Act, 1930, and various tax laws on the joint
Hindu family is complex and has been the subject of much debate. Some argue that these laws
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have eroded the traditional concept of the joint Hindu family and have made it more difficult for
families to maintain their property. Others argue that these laws are necessary to protect the
interests of all the members of the family, including the women and children.
The impact of these laws on the joint Hindu family is still being debated. However, there is
no doubt that they have had a significant impact on the institution.
2.10 Matrilineal joint family.

A matrilineal joint family is a family in which property is inherited through the female line.
This means that the property is passed down from mother to daughter, and not from father to son.
Matrilineal joint families are found in a number of societies around the world, including some
parts of India, Africa, and Southeast Asia. They are often found in societies where women have a
high status and play an important role in the economy.
In a matrilineal joint family, the property is owned by the women of the family. The men of
the family do not have any ownership rights to the property. This means that the women of the
family have a lot of economic power.
The women of the matrilineal joint family are also responsible for managing the property.
They make decisions about how the property is used and who is allowed to use it. This gives the
women a lot of control over the family's affairs.
Matrilineal joint families are often seen as being more egalitarian than patrilineal joint
families. This is because the women have more power and control in the family. However,
matrilineal joint families can also be very patriarchal. In some cases, the women may be
subordinate to the men, even though they own the property.
The matrilineal joint family is a complex and interesting family structure. It is a system that
has been in place for centuries and it continues to be practiced in many parts of the world today.
Here are some of the key characteristics of a matrilineal joint family:

1. Property is inherited through the female line.
2. Women have a high status and play an important role in the economy.
3. Men do not have any ownership rights to the property.
4. Women are responsible for managing the property.
5. The family is often seen as being more egalitarian than patrilineal joint families.
The matrilineal joint family is a unique family structure that has its own set of advantages and
disadvantages. It is a system that has been in place for centuries and it continues to be practiced in
many parts of the world today.
A matrilineal joint family is a family unit in which property is inherited through the
mother's line. This means that the children inherit from their mother's family, and the property is
managed by the mother's brother, known as the karnavan.
Matrilineal joint families are rare in India, but they do exist in some communities, such as
the Nayars of Kerala. The Nayars are a matrilineal community, and their joint families are
governed by the Marumakkattayam system. Under this system, the property is inherited by the
children of the eldest sister, and the karnavan is the eldest brother of the mother.
The matrilineal joint family is a complex and evolving institution. It is governed by a
number of customs and traditions, and it is subject to the laws of the land.
Here are some of the key features of a matrilineal joint family:

1. Property is inherited through the mother's line: This means that the children inherit
from their mother's family, and the property is managed by the mother's brother, known as
the karnavan.
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2. The karnavan is the head of the family: The karnavan is responsible for managing the
property and taking care of the family's affairs.
3. The children are considered to be part of their mother's family: This means that they
will live with their mother's family and will inherit their property.
4. The matrilineal joint family is a social security institution: It provides a sense of
security and stability to its members, and it helps to ensure that they are cared for in their
old age.
The matrilineal joint family is a unique and interesting institution. It is a social security institution
that provides a sense of security and stability to its members. However, it is also a complex and
evolving institution that is subject to the laws of the land.
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Module 3:
3.1 Historical perspective of traditional Hindu law as a background to the study of Hindu
Succession Act 1956.
The traditional Hindu law is one of the oldest of personal laws in the world. Unlike positive
law, according to which laws are those which are made by a sovereign (a human), Hindu law
looked to Vedas as the most earlier sources of law. According to ancient Hindu jurisprudence,
Vedas were the source of “Dharma” which means a person’s moral, social and legal duties, which a
person is supposed to obey and adhere to. However, Vedas (also called shrutis) were not the
formal sources of Hindu law. Smritis were the formal sources which were based on the Vedas. The
Smritis enunciate rules of dharma (Mulla). Shruti, which strictly means the Vedas, was, in theory,
the root and original source of dharma. The traditional Hindu Law, especially in the context of
inheritance, was patriarchal and much emphasis was on the male aspect. However, the Hindu
Succession Act has fundamentally altered that concept and thus the specific reference to changes
under the Hindu Succession Act has also been pointed out.
Schools of Hindu law
Various commentaries and digests have resulted in the emergence of two schools of Hindu
law, the Mitakshara and the Dayabhaga, which contained the law of inheritance. These schools had
their own operational areas and were recognised in different parts of India. Before the advent of
British rule, the major laws of inheritance in India had either their roots in religion or were deeply
influenced by personal laws which owed their allegiance to religion and custom. The fundamental
difference between these two schools is on the principle based on which the right to inheritance is
to be determined.
In the Mitakshara school of inheritance, property is inherited by the successors
(coparceners) merely based on the fact that they were born in the family of the property holders
and in case of Dayabhaga the property goes to the successors (coparceners) on the death of the
father or holder of the property.
The Mitakshara was considered to be more biased against women and gave them the least
rights to inherit property. Though Dayabhaga was also biased, it still gave more rights to the
women and was thus considered to be a liberal school.
Mitakshara school which was interpreted by Vijaneshwar’s commentary and was prevalent
all over India except Bengal and Assam, whereas, Dayabhagha, as interpreted by Jeenutavahan,
was prevalent only in Bengal and Assam.
Understanding the law of inheritance

Few concepts need to be understood first in order to understand the Hindu law of
inheritance.
Joint Hindu family
Joint Hindu families consist of all members who are descendants of common male
ancestors and such members include daughters, wives and widows as well. The male ancestor is
the head of the Joint Hindu family. Thus, a Joint Hindu family includes the common male ancestor
of his wives and unmarried daughters and sons, collaterals and their wives, sons and unmarried
daughters. Wife deserted by husband u/s 13 (1)(ib) of Hindu Marriage Act 1955 that is husband
left a wife without any cause for more than 1 year. There was no limit to the number of
descending generations. This was the joint Hindu family in the traditional context.
An unmarried daughter on marriage ceases to be a part of her father’s joint family and joins
her husband’s joint family as his wife. If a daughter becomes a widow or is deserted by her
husband and returns to her father’s house permanently, she again becomes a member of her
father’s joint family. Her children, however, don’t become members of her father’s joint family and
continue being members of their father’s joint family. The cord that knits the members of a joint
family is not property but the relationship with one another.
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In simple words, a joint Hindu family is a group of relatives related by blood and kinship. It
consists of common male ancestors, wives of all those people who are related to the common male
ancestor, their sons, their unmarried daughters, and people like uncles, aunts, his nephews, nieces
etc. The joint and undivided Hindu family is the normal condition of the Hindu society.
Mitakshara School
Coparcenary under Mitakshara is different from a coparcenary under Dayabhaga.
Coparcenary
The unique concept of coparcenary is the product of ancient Hindu jurisprudence which
later on became the essential feature of Hindu law in general and Mitakshara school of Hindu law
in particular. The concept of coparcenary as understood in the general sense under English law
has a different meaning in India or the Hindu legal system. In English law, coparcenary is the
creation of the act of parties or the creation of law. In Hindu law, coparcenary cannot be created
by acts of parties, however, it can be terminated by acts of parties
As stated earlier there was no limit to the number of generations descending from a
common male ancestor in a Joint Hindu family. However, this is not the case in a coparcenary. A
coparcenary is a type of relationship which is narrower or smaller than the joint Hindu family, its
generations are limited.
Within a joint Hindu family, there is another body of persons called coparcenary which
consists of a father, his son, his grandson and his great-grandson. Thus, from a common male
ancestor, only males descending up to 3 generations were considered as a coparcenary and only
these coparceners had a right to inherit the coparcenary property by birth being the sons,
grandsons, and great-grandsons of the holders of the property for the time being.
For instance, if F is a common male ancestor then the coparcenary will consist of 3
generations below him, who are F’s lineal descendants i.e. F’s son, F’s grandson and F’s great-
grandson. F is common to all three descendants. The three generations are to be counted
excluding the last male holder.
Thus, under traditional Hindu law coparcenary consisted only of male members, females
were excluded. Only the males (coparceners) had the right to inherit the coparcenary property
and only they could demand partition. Therefore, the wife and daughters were not members of the
coparcenary. Traditionally, coparceners were those who could perform funeral rites and this was
available only to the males.
Coparcenary property or ancestral property is that property which a coparcener has
inherited either from his father, grandfather or great grandfather. The said property must be
inherited and should not be received either through a will or gift. Further, under a Mitakshra
coparcenary, right to such property is available only to the son(s), grandson(s) and great-
grandson(s), who formed the coparcenary under Mitakshara school, and no female had a right to
such property. Thus, in other words, only agnates had the right to such property and not cognates.
Although females were not part of coparcenary, they were entitled to maintenance out of
coparcenary property.
It must be noted that the above definition of coparcenary and demand to ask for partition
is under the traditional Hindu law, now the meaning and import of coparcenary has been changed
after the 2005 amendment to Hindu Succession Act,1956. After the 2005 amendment, even
daughters are also included in the coparcenary in the same sense of the son as if she is also a son.
Devolution of property
The right to coparcenary property accrued to a coparcener on his birth itself is a striking
feature of Mitakshara coparcenary. Thus, the existence of male owner of the property was not a
hindrance to the acquisition of coparcenary property, because the factum of birth was enough to
bestow the right to property. Therefore, it is said that a coparcener has an “unobstructed heritage”
to coparcenary property i.e. the right to such property is not obstructed by the existence of the
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male ancestor i.e. father, grandfather and great-grandfather. The allocation of the inherited
property was based on the law of possession by birth.
Further, under the Mitakshara school, the property devolved as per survivorship i.e. on the
death of the last male holder property will devolve in equal share to those coparceners who are
surviving within the coparcenary. This means that if one of the coparceners other than the last
male holder dies, then his (deceased) probable share would be distributed among the surviving
members of the coparcenary. He leaves nothing behind that can be called his own share in the
joint property.
For example, a coparcenary comprises the father and his two sons. Each of them has a
probable 1/3rd share in the property until the undivided status is maintained. On the death of one
of the sons, his probable 1/3rd in the property is taken by the surviving coparceners ie father and
the surviving brother and the deceased will die without any share in the coparcenary property.
The share of the father and the surviving son will be increased to a probable half. The right of
survivorship is one of the basic rights of a coparcener. Thus, the quantum of interest of an
individual coparcener is not fixed as it fluctuates with deaths and births in the family.
This can also be understood as because there is a community of ownership (co-owners)
and unity of possession of coparcenary property by the coparceners, their specific share is not
fixed or they cannot call a specific portion of coparcenary property as their own until a partition
takes place. There is a common enjoyment of coparcenary property by the coparceners.
This concept of survivorship has been removed after the 2005 amendment to Hindu
Succession Act, now the only way for devolution of property is either by a will (testamentary) or
by the rules of intestate succession given under Hindu Succession Act.
Dayabhaga School
Coparcenary
There is no concept of a joint family under the Dayabhaga school as compared to the
Mitakshara. There is no coparcenary consisting of father, son, son’s son (grandson), son’s son’s
son(great-grandson). The existence of a Dayabhaga coparcenary comes only after the death of the
father, after which the son will inherit the property of him and constitute a coparcenary. In this
school, there is no right by birth given to the son. There is also no distinction between separate
and coparcenary property and the entire concept is based on inheritance, i.e. that the sons inherit
the property of their father after his death.
In a Dayabhaga joint family, the father has absolute powers of management and disposal
over the separate as well as the coparcenary property and the sons have only a claim of
maintenance. It is because of this reason there is no concept of fluctuating interest of coparceners
in Dayabhagha family, as births and deaths of coparceners, does not affect the absolute right to the
father to the property.
As stated earlier, although there is no coparcenary between father and his male lineal
descendants this does not mean there can be no coparcenary between two brothers. For instance,
F is an absolute holder of a certain property. He has 2 sons S1 and S2. Now since this is a
Dayabhagha family there is no coparcenary relationship between F and his sons who are his lineal
descendants. After the death of F, the property will go to his sons. But now there can be a
coparcenary relationship between S1 and S2 for distribution of property. Thus, it is wrong to say
that the coparcenary concept is completely absent in a Dayabhagha family.
Further, females can also become a member of a Dayabhagha coparcenary. If a male dies
without leaving a son, then his place is taken by his wife (now a widow) or daughters if the
widows also die. Thus, Dayabhaga school is more liberal than the Mitakshara school, however,
still, male members were predominant. Therefore, there is no concept of survivorship in a
Dayabhagha coparcenary.
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Devolution of property
Unlike under the Mitakshara school, in which a coparcener has a right to the property since
his birth, under Dayabhaga the right to inherit property arises only on the death of the father.
Thus, the birth has nothing to do with the right to inherit the property, therefore it is said that
under Dayabhaga school, a coparcenary has unobstructed heritage. The property is inherited in
the Dayabhaga school after the death of the person who was in possession of it.
Since the coparceners under Dayabhaga have no right to property because of their birth in the
family, the father thus has absolute right to dispose of all kinds of property, separate as well as
ancestral, by sale, gift or through a will. Thus, there is no unity of possession and common
ownership of coparcenary property. In other words on the death of the father, where he is
survived by two or more of his sons, all of them inherit his property jointly and hold it as tenants-
in-common. Under Dayabhaga the father has an absolute right of alienation of property, whether it
is self-acquired or ancestral.
The Hindu Succession Act, 1956 is a landmark legislation that has revolutionized the law of
succession in India. The Act has brought about significant changes in the law of succession,
including giving daughters the same rights as sons in the coparcenary property.
The Hindu Succession Act, 1956 was enacted in the context of the historical perspective of
traditional Hindu law. Traditional Hindu law was based on the concept of male primogeniture,
which meant that only the eldest son had a right to inherit the property of his father. Daughters
were excluded from inheritance.
This system of male primogeniture was challenged by the Hindu Widows' Remarriage Act,
1856, which allowed Hindu widows to remarry. This Act was followed by the Hindu Women's
Right to Property Act, 1937, which gave Hindu women the right to inherit property from their
parents and husbands.
The Hindu Succession Act, 1956 was a further step in the process of reforming the law of
succession in India. The Act gave daughters the same rights as sons in the coparcenary property.
This was a significant change, as it recognized the rights of women in property ownership.
The Hindu Succession Act, 1956 has been amended several times since it was enacted. The
most recent amendment was made in 2005. The amendment gave daughters the same rights as
sons in the ancestral property. This was a further step in the process of giving women equal rights
in property ownership.
The Hindu Succession Act, 1956 is a complex and comprehensive legislation. It has been
the subject of much legal debate and interpretation. However, there is no doubt that the Act has
had a significant impact on the law of succession in India. It has brought about significant changes
in the law of succession, including giving daughters the same rights as sons in the coparcenary
property.
The historical perspective of traditional Hindu law is important for understanding the
Hindu Succession Act, 1956. The Act was enacted in the context of a system of male
primogeniture, which excluded women from inheritance. The Act was a significant step in the
process of reforming the law of succession in India and giving women equal rights in property
ownership.
Here are some of the key features of the Hindu Succession Act, 1956:
1. It gives daughters the same rights as sons in the coparcenary property.
2. It gives widows the right to inherit property from their husbands.
3. It gives the mother the right to inherit property from her children.
4. It gives the illegitimate child the right to inherit property from his or her father.
5. It gives the adopted child the right to inherit property from his or her adoptive parents.
The Hindu Succession Act, 1956 is a complex and comprehensive legislation. It has been the
subject of much legal debate and interpretation. However, there is no doubt that the Act has had a
significant impact on the law of succession in India. It has brought about significant changes in the
law of succession, including giving daughters the same rights as sons in the coparcenary property.
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3.2 Succession to property of a Hindu male dying intestate under the provisions of Hindu
Succession Act 1956.
Succession (though not defined anywhere in the statutory law) is the transmission of rights
and obligation in an estate, of a deceased person to his heir or heirs, The Louisiana civil code
defines it as the process by which the heirs take the estate of the deceased, in other words, it is the
right of a legal heir to step into the shoes of the deceased, with respect of possession control,
enjoyment, administration, and settlement of all the latter’s property, rights, obligations, charges,
etc. Therefore in a nutshell, succession is a process of devolution of interest in a property
(movable or immovable) from a deceased to its legal heirs or representative.
It is important to analyse at this juncture the relationship between succession and
inheritance, though both of them may seem to be very similar, there is a fundamental difference
between the two. Succession, as explained and stated above, is nothing but the devolution of
interest in the property of the deceased, whereas inheritance is an automatic process of
devolution of property of the deceased to the people related to the deceased by virtue of blood,
marriage or adoption. For instance, a person has acquired the interest in the property by the
virtue of a will, the devolution of that interest cannot be said to be an inheritance but a succession,
on the other hand, X dies leaving behind a son Y the devolution of interest in a property from X to
Y is inheritance. Therefore, it will not be incorrect to say that inheritance is a subset of
succession./Therefore, it can be safely stated that inheritance is a subset of succession.
Types of Succession
Succession can primarily be divided into two parts based on the existence of a testament
or will to that effect:
Testamentary Succession
When the succession is governed by a testament or will, it is called a testamentary
succession. Thus, if a person dies leaving behind a will in favour of anyone, the property shall
devolve (upon his death) in accordance to the instructions given in the will and not by the rules of
inheritance. Provided that the will or testament is valid and capable of taking effect in accordance
with the law in force. The person making the will is called a testator and the person or entity in
whose favour the will is created is called a legatee.
Intestate Succession
In situations wherein a person dies leaving behind a property but without leaving a will or
a testament or any instruction concerning its distribution that is capable of taking effect in
accordance with the law in force, the said property will be distributed to its legal heirs by the rules
of inheritance. This kind of devolution wherein the property is devolved and distributed by the
rules of inheritance is called intestate succession.
Property subject to the rules of intestate succession

The scheme of intestate succession applies to the following property of a male intestate,
one rudimentary condition for the application of intestate laws (as stated above)is that the
property should not have been disposed of by a will or testament.
Self-Acquired Property
Self-acquired property has a wide ambit and covers any property which the deceased has
not only earned from his salary or earning but also any property he might have received in a form
gift or by a virtue of a will. It is irrespective of the fact whether at the time of his death the
deceased was a member of an undivided family or not as the deceased has an absolute and
exclusive right on his self-acquired property.
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Property held by Sole Surviving Coparcener

Though generally, the interest in a joint family property of a mitakshara coparcenary does
not go by intestate succession but if there is only one coparcener surviving then the joint family
property in the hands of the surviving coparcener, after his death shall devolve by rules of
inheritance and not by survivorship.
Share obtain on Partition

When a partition of a joint family takes place, each member holds his share as his exclusive
property, such property (in the hands of the partitioned members) in the absence of his male
issues shall devolve by the rules of inheritance.
Undivided share in Dayabhaga joint family

An undivided share in the Dayabhaga family would be subjected to section 8 of the
succession act and will devolve by the rules of inheritance.
Undivided share in Mitakshara coparcenary

The Hindu succession act introduced some major changes in the devolution of interest in
Mitakshara coparcenary, therefore when any male dies as a member of the
Mitakshara coparcenary, his undivided share in consonance with section 6 will be demarcated by
a notional partition and will devolve by the rules of inheritance.
Law governing the rules of Inheritance among Hindus

As stated above the rules of inheritance are those which govern the devolution of property
on the death of a person solely on account of relation with his heirs, as per Hindu tenets the Hindu
joint family comes first in the line of historic order when it comes to the scheme of inheritance.
The concept of a joint family was somewhat similar to that of a corporate body and the tendency
was to sink the individuals in the family. Further, the said regime was primarily based on spiritual
efficacy and natural love and affection rather than scientific or rational rules. Other rules
pertaining to stridhan (women’s property) and partial recognition to the status of women in
property matters were ancient and medieval and required a major look through, and
consequently the Hindu Succession Act, 1956 was enacted.
The Hindu Succession Act 1956 came into force on June 17, 1956, with the primary
purpose to amend, codify and consolidate the law relating to intestate succession among Hindus.
It brought about some radical and fundamental change in the law governing Hindu succession.
The act abrogates all the rules (having the force of law) of succession whether by text or practice
applicable to Hindus and supersedes all other laws contained in any central or state legislatures
pertaining to Hindu succession. The act provided a comprehensive scheme of inheritance that will
be applicable to people governed by both Mitakshara and Dayabhaga school. It shall further be
applicable to any person Hindu by religion in any form or development including those who have
deviated from the orthodox standard of Hindus and also to converts and reconverts of this
religion. Buddhist Jains and Sikhs are also within the ambit of this act and so are their converts
and reconverts.
Arrangement of succession and Scheme of inheritance and as per Hindu Succession Act,
1956
The act lays down a set of general rules for the devolution of property of a male Hindu and
also specifies the rules governing the determination of shares and portions of various heirs. It
provides for separate general rules for the devolution of property of a female dying intestate. The
said act is exhaustive and its latter part covers all the exceptions, disqualifications, and special
circumstances. The below-given table explains the arrangement of sections in the act:
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Provision Of Succession Dealt Under

Male intestate succession Section 8-13
Female intestate succession Section 15-16
Modification and changes in general rule Section 17
Other supplementary provision Section 18-28
Category of heirs Schedule I
Succession of a property of a Male Intestate

All the heirs either related by blood, marriage or adoption are divided into four classes or
categories this categorization is primarily based on propinquity in the relationship of the heir with
the deceased, though other factors like natural love and affection are also taken into
consideration. Further, the rule of agnate over cognate has been retained from the earlier regime.
Rules for devolution of property of a Male Intestate

On the death of an intestate, the property shall first devolve to class I heirs, as long as a
single class I heir is present, the property will not go to heirs in class II category. In the absence of
a class II heir category, the property shall devolve upon heirs in class III or agnates which
primarily comprises the leftover heir who are blood relatives of the intestate related to him
through a whole male chain of relatives. If in case there is no heir present in class III, the interest
in the property shall devolve upon any other blood relative of the intestate.
It is significant to note that the provisions of the act or any schedule to that effect does not
put a full stop so far as the heirs are concerned, hence in absence of a near relative a person may
be eligible to inherit its property. If he can trace his blood relation to the deceased however
distant he or she may be. This was a significant change as in the old regime before this act only
four generations were recognized but now the limitation on the degree has been removed.
Class I Heirs
Class I heirs comprises people to whom the interest in the property shall devolve in the
first instance upon the death of the intestate. The category contains eleven female members and
five male members. All the class I heirs take the property absolutely and exclusively as their
separate property, further unlike the old joint family regime no person can claim a right by birth
in this inherited property.
The following heirs find a place in Class I:
1. Mother [M]
2. Widow [W]
3. Daughter [D]
4. Widow of a predeceased son [SW]
5. Daughter of a predeceased son [SD]
6. Daughter of a predeceased daughter [DD]
7. Daughter of a predeceased son of a predeceased son [SSD]
8. Widow of a predeceased son of a predeceased son [SSW]
9. Son [S]
10. Son of a predeceased son [SS]
11. Son of a predeceased son of a predeceased son [SSS]
12. Son of a predeceased daughter [DS]
13. Daughter of a predeceased daughter of a predeceased daughter [DDD]
14. Son of a predeceased daughter of a predeceased daughter [DDS]
15. Daughter of a predeceased daughter of a predeceased son [SDD]
16. Daughter of a predeceased son of a predeceased daughter [DSD]
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The below-given figure shows all the class I heirs of the deceased (A) and explains their
relationship with the deceased:
Rules governing the distribution of interest among class I heirs

Section 10 elaborately defines the rules pertaining to the division of interest among the
class I heirs. Following are the rules governing the division of interest among class I heirs
1. The share of each son and daughter and that of the mother shall be equal.
2. The widow of the deceased shall take one share and if there is more than one widow all
of them, collectively take one share i.e., the share equal to the son or daughter and will
divide it equally among themselves.
3. A predeceased son survived by a widow or son or daughter shall be allotted a share
equal to a living son.
4. Out of the portion allotted to the predeceased son his widow and living sons and
daughters will take equal portions with respect to each other. Any branch of the
predeceased son of this predeceased son will get an equal portion.
5. The rule applicable to the branch of predeceased son of the predeceased son is the same
as of predeceased son wherein son, daughter and widow will get an equal share.
6. A predeceased daughter who is survived by a son or a daughter is to be allotted an equal
share to that of a living daughter.
7. The son and daughter of the predeceased daughter shall take an equal portion in the
share. The same rule shall apply to any branches of a predeceased daughter of a
predeceased daughter.
Class II heirs
In case wherein a male Hindu dies, unmarried, and is not survived by any class I heir, the
property shall devolve among class II heirs. The second class of heirs comprises 19 heirs out of
which ten are males and nine are females; these heirs are further divided into nine subcategories.
The under given table depicts the classification of class II heirs into various subcategories
categories:
Subcategory List of Heirs
Subcategory I Father
• Son’s daughter’s son
Subcategory II • brother,
• sister
Subcategory III Daughter son’s son
• Brother’s son
• Sister’s son
Subcategory IV
• Brother’s daughter
• Sister’s daughter
• Father’s father
Subcategory V
• Father’s mother
• Father’s widow
Subcategory VI
• Brother’s widow
• Father’s brother
Subcategory VII
• Father’s sister
• Mother’s father
Subcategory VIII
• Mother’s mother
• Mother’s brother
Subcategory IX
• Mother’s sister
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Rules of distribution and Preference of interest among class II heirs

The division of interest among the class II heirs is primarily governed by two rudimentary
principles:
1. The heirs in a higher subcategory will exclude the heirs in the lower subcategory. For
instance, the heirs in the first subcategory will have preference over the heirs in the
second subcategory, the second one will have preference over the third and so on.
2. All the heirs in one category shall take the property equally according to per capita rule
of distribution of property, the order in which the name appears in a subcategory is
irrelevant.
Class III heirs or agnates

Class III heirs or agnates inherit the property in the absence of class I or class II heirs. An
agnate under class III category is a person who is related to the intestate through the line of male
relatives only and does not find a place in class I or class II category of heirs, it is also significant to
note that an agnate can be male or female as it is the sex of the relative and not the sex of the heir
that is material. An agnate can be a direct ascendant or descendant, or a collateral with no
limitation of a degree from the deceased.
The rule of preference and division of interest among agnates

For the computation of the degree of relationship and to ascertain the preferences the following
rules shall be taken into consideration:
1. Each generation is called a degree, and for computation of degree, the first degrees is the
intestate itself.
2. Degree of ascent means upward or ancestral degree and degree of descent means
downward or descendant degree.
3. Where an heir has both ascent and descent degree both degrees shall be taken
separately, and not cumulatively.
4. An agnate of only descent is preferred over ascent irrespective of the number of degrees
(or generation).
5. When two agnants have both ascent and descent degree, the one with fewer no of ascent
degrees will be preferred.
Class IV category or cognates

The last category includes the rest of the heirs of the intestate who do not find a place in
the above three classes. A cognate is an heir who was related to the heir through a mixed chain of
relatives in the term of sex. Further,if a single female intervenes between an heir and the intestate
then also it is a cognatic chain.
Cognates inherit when none of the class I or class II or the entire category of agnates are
present. The rule pertaining to computation of degree and ascertainment of preferences is the
same as in the case of agnates.
Doctrine of Escheat
If none of the class I or class II or agnate or cognate is present the property of the intestate
will devolve into the government by the virtue of the doctrine of escheat.
The Hindu Succession Act, 1956 (HSA) governs the succession of property of a Hindu male dying
intestate. An intestate person is a person who dies without leaving a will.
The HSA provides for the following heirs of a Hindu male dying intestate:
1. Sons: Sons are the first heirs of a Hindu male dying intestate. They share the property
equally, regardless of their age or sex.
2. Daughters: Daughters are the second heirs of a Hindu male dying intestate. They share the
property equally with the sons, if any.
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3. Widow: The widow is the third heir of a Hindu male dying intestate. She is entitled to a
one-fourth share of the property, even if there are sons or daughters.
4. Mother: The mother is the fourth heir of a Hindu male dying intestate. She is entitled to a
one-eighth share of the property, if there are no sons or daughters.
5. Father: The father is the fifth heir of a Hindu male dying intestate. He is entitled to a one-
eighth share of the property, if there are no sons or daughters and the widow has
renounced her share.
6. Brothers: Brothers are the sixth heirs of a Hindu male dying intestate. They share the
property equally, if there are no sons or daughters, widow, or mother.
7. Sisters: Sisters are the seventh heirs of a Hindu male dying intestate. They share the
property equally with the brothers, if there are no sons or daughters, widow, mother, or
brothers.
8. Representatives of deceased heirs: If any of the heirs mentioned above have died before
the intestate, their shares will be inherited by their legal representatives.
The HSA also provides for the following special cases of succession:
1. Adopted son: An adopted son is entitled to inherit the property of his adoptive father in
the same way as a natural-born son.
2. Illegitimate son: An illegitimate son is entitled to inherit the property of his father in the
same way as a legitimate son, if the father has acknowledged him as his son.
3. Stepson: A stepson is not entitled to inherit the property of his stepfather, unless the
stepfather has adopted him.
The HSA is a complex and comprehensive legislation. It has been the subject of much legal debate
and interpretation. However, there is no doubt that the Act has had a significant impact on the law
of succession in India. It has brought about significant changes in the law of succession, including
giving women equal rights in property ownership.
3.3 Devolution of interest in Mitakshara coparcenaries with reference to the provisions of

Hindu Succession Act, 1956.
The evolution started from a joint family which is an extended family group formed by
persons who are lineally descended from a common ancestor, their wives and their unmarried
daughters and on their marriage, daughters get inducted into their husband’s joint families. There
may be families where a joint family may not be living together and the family may not have or
share a common property. But the binding thing is not co-living or property but the relationship
by consanguinity, affinity or adoption. The Mitakshara school of Hindu law has its own concept of
joint family based on the doctrine of right by birth which means janmswatavada.
The main unit is coparcenary which basically consists of a man and the male descendants
of the next three generations in the direct line of descent. Here, all the male in each of the next
three generations irrespective of their numbers are the coparceners. The coparcenary unit is
nothing but an outgoing unit and it changes time to time with the changes in the family. And on
the death of the common ancestor fifth-generation steps into it.
Non-coparcener member of a joint family includes coparcener’s wives or widows,
daughters until their marriage and even descendants of any degree below the fourth generation at
any given pint of time. They do have rights of subsistence in the joint family but they are not co-
owners with the coparceners.
One more basic mitakshara doctrine is that once a joint family comes into existence then it
remains generation after generation. It is not important to have the presence of a common
ancestor or more. It may happen that a single coparcener may be the sole surviving coparcener
and he may continue the joint family with its non-coparcener members also.
There is also one thing which has a great significance is that since Hindu law equates
adoption with birth so children who are adopted in the family also become its part as coparceners
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or non-coparceners as the case would be. Here in case of mitakshara family, all properties are
inherited from the ancestral who are male ancestors and then it becomes the joint property of the
family.
Their ownership remains with the coparcenary with no as such defined interest for any of
its members and the principal is famously called as upramswatvavada. When there were no
statutes which governed or covered mitakshara law of joint family as a whole than in such case
judicial precedent has been and remained a major source. The Law reports of India has many
judicial decisions which are both of pre-independence and post era.
Most of the cases lie under taxation laws of India which has a special provision under it for
Hindu Undivided Family (HUF). In many cases decided over a period of time it has been held that a
joint family may consist of a coparcener and his deceased brother’s widow or his wife and
unmarried daughter, then it is not necessary for a joint family to have its own property and the
law also does not require it to be and neither asks for the ownership on the part of any joint
family, where a lease deed is recorded in the name of a member of the joint family but there is no
evidence that the lease was granted to him in his individual capacity than in such cases after
disruption of the joint family the leased land will belong to the joint family.
It is presumed that the existence of a joint family is getting weaker from descendants
because of the separate possession of the property as held in the case of UR Viruprakashiah v
Saarwamma. Then in case of management of the whole family a Karta must be a coparcener and a
non-coparcener member of the joint family cannot in his own right would act as Karta but a junior
member could act as Karta with everyone’s consent in the family as decided in Commissioner of
Income Tax v Govindram Sugar Mills and in Radha Krishan Das v Kaluram.
Meaning
It is said that the joint family system is the survival of age when in the Ancient communities
of Asia and Europe, the family was the primary unit. In those time the Hindu father was the
absolute proprietor of the person and the property of the family but now with the changing times,
he only represents the family. It was observed in the Indranarayan case it was presumed that
joint and undivided family is a normal condition of the Hindu society.
Dayabhaga and Mitakshara—the two forms of customary caste- Hindu property holdings
and marriage only between two Hindus. Mitakshara are the two faculties of law that govern the
law of succession of the Hindu Undivided Family under Indian Law is getting weaker and weaker
descendant after descendant because of the evidence of separate possession of property which is
getting more prominent over the years especially the post-independence era and also because of
other reasons and legislations which are explained below.
In the State of Kerala abolished the doctrine in 1975 under law abolishing the Mitakshara
coparcenary in 1975. But different states legal guidelines which have been enacted within the
year 1986-1994 in Andhra Pradesh, Tamil Nadu, Karnataka and Maharashtra did not amend
the vintage doctrine of Mitakshara coparcenary that is one of the conventional laws.
Then in 2005 central amendment of the Hindu Succession 1956 Act has abolished the
principle of pious obligation with effect from the date of its commencement which is 9 September
2005 and has laid down that after this no court is going to recognize the right of a creditor to seek
judicial relief for realizing his debt only on the grounds of this doctrine of Mitakshara coparcenary.
But it is not removed totally, the old principle remains applicable only to those debts which are
incurred before 9 September 2005 and that too only against the descendants of those who are
born before that date.
Under classical Mitakshara law a son, grandson and great-grandson have a type of ‘pious
obligation’ to pay the unpaid vyavaharik which means incurred for a lawful purpose. It is debts
of their father, grandfather or great grandparents as the circumstances of the case may be.
The obligation applies to them if they were joint when the debt was contracted but if they
had separated earlier, they will not be bound by it. However, they cannot escape the liability by
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separating after the debt has been incurred. While in the meantime Supreme Court has explained
this Mitakshara doctrine and its implication in a number of judgements pronounced in cases such
as Pannalal v. Naraini, Sidheshwar v Bhubaneshwar, Faqir Chand v Harnam, Prasad v
Mudaliar and many more like this.
In a revolutionary change brought from 1986 onwards as laws were enacted in four
different states in India to confer the status of coparceners on daughters on a par with sons and it
was beyond the scope of the 1956 Act. And because of this, all the four states introduced it by
inserting a new additional provision into the Hindu Succession Act 1956.
The first state which undertook this radical reform was the state of Andhra Pradesh which
amended the Hindu Succession Act in 1986 to grant coparcener’s status on daughters on a par
with the sons. And for doing so the Hindu Succession (Andhra Pradesh Amendment) Act 1986 was
into the Act with three new sections and were enforced from 5 September 1985.
Then three years after the reform took place in Andhra Pradesh, the state legislature of
Tamil Nadu also enacted the Hindu Succession Act 1988 which is Tamil Nadu’s Amendment to
insert the same three new section 29A, 29B and 29C written down into the Hindu Succession
Act 1956 in its application to the State with effect from 25 March 1989.
The third state to incorporate the new Sections- 29A, 29B and 29C into the Hindu
Succession Act 1956 was Maharashtra in western India which came into being in the year 1994
and was enforced from 22 June 1994. But, the fourth state of Karnataka did not add it into a new
Chapter but as section 6A, 6B and 6C after section 6 of the central act.
This, in my opinion, was rather more systematic but the assent which was required from
the president of India was delayed and so it came into force only after four years on July 30 1994.
This way all the four states introduced reforms which were very significant in the Mitakshara law
of joint family. Till now all of them remain in force and have not been repealed either by the state
or by the central act (Hindu Succession Act) of 2005.
The Changes Which Led to The Devolution of Interest in Mitakshara Family

The presumption is that there is a devolution of interest in Mitakshara Family because the
joint family system (Hindu Undivided Family) is getting weaker and weaker from descendant to
descendant and this can be rebutted to the evidence of separate possession of the property. Also,
this so because its continuance has been greatly curtailed down by Hindu Succession Act 1956.
Some of the reasons which could be given are the bill for the succession law which was specifically
made to exclude Mitakshara joint families to come under the ambit of the new law. Like, the
undivided share of a deceased coparcener is to be governed by the Act and was to be ascertained
on the basis of a presumed claim of partition on the part of the deceased on his death.
Coparceners who are separated from the coparcenary before its commencement are to be
kept outside the scope of this part. Then the heirs who would attract the application of this part
included mother, wife, daughter and others as specified in the 1956 Act.
The act of 1956 also declared that the shares of coparceners which are undivided in a
Mitakshara joint family would be their bequeathable property. And because of the provisions of
the 1956 Act which had led joint families to the law of inheritance in certain cases had led to the
law of wills in all of them and had eventually narrowed down the scope for the continuation of
Mitakshara joint families to a large extent.
But till now it is in existence because mitakshara joint families are a great attraction for tax
savers and taxation laws call them as Hindu Undivided Family. So, the HUFs enjoy all the
deductions and exemptions while paying tax under the Income Tax Act.
Revolutionary Changes Made After Independence

The 1976 Kerala State legislature enacted the Kerala Joint Hindu Family (Abolition) Act
1975 to abolish wholly the doctrine of the right to property by birth. All Mitakshara coparcenary
which was present at the time were converted by this law into tenancy-in-common in which
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shares are held in common presuming that a partition had taken place between all the
coparceners but they were holding it as their respective shares separately as their full owners.
The Act passed by the legislature also had an implication of amending section 6 of the Hindu
Succession Act 1956, that is while applying it in each and every case the shares of individual joint
family members would be governed by the laws of the act.
Before the commencement of the (Hindu Succession Act) HSA, codifying the policies of
succession, the idea of a Hindu family under Mitakshara law become that it was joint not only in
estate however in spiritual subjects also. Coparcenary assets, in contradiction with the absolute or
separate assets of an individual coparcener, devolve upon surviving coparceners within the
family, in line with the rule of devolution by way of survivorship.
One of the predominant adjustments delivered in by means of the amendment is that
during a Hindu joint family, the different prerogative of males to be coparceners has been changed
altogether and the proper by means of delivery inside the coparcenary assets has been conferred
in favour of a daughter as well. This radical trade has essentially altered the person of a
Mitakshara coparcenary.
Before this relevant enactment, four Indian states had delivered in a similar trade, the
introduction of daughters as coparceners. A gift, in place of best, the son having a right through
birth, any baby born inside the own family or validly adopted can be a coparcener and could have
a hobby over the coparcenary assets. Thus, the traditional concept that only males might be
members of the coparcenary and no girl may want to ever be a coparcener nor may want to
personal coparcenary assets is not the law.
Nowadays or one can say in modern condition of society has weakened the
presumption that jointness is stronger in case of near relations like father, sons and the remote it
gets so weak it goes. Thus, the chord that used to bind the members of a family is not property but
the relationship. One thing which is important to remember is that Hindu family is not a juristic
person and so it cannot hold the property of its members independently.
Changes in the Authority Structure

Due to the decline of the joint family system nowadays there have been changes in the
authority of the family as we can look back in the days when the authority of the family was
primarily in the hands of family elders who were commonly known as Karta in Hindi. The general
attitude of the members of the family towards the traditional patriarchy was mostly one of the
respects and is present now also.
And loyalty, submissiveness, respect and deference over the household were on their
shoulders. These attributes had even surpassed other relationships in the family; for example,
such as children to their parents, a wife to her husband and younger brothers to their older
brothers. And especially within a household, no one was supposed to flout the will of his elders.
The fathers, or in his absence the elder brother was consulted on all important family
matters like pursuing litigation in the courts of law, building a house or even in cases of the
arrangements of marriages. Also, the joint family did not allow elders being neglected or for that
matter any kind of disregard of elders. The age-grade hierarchy was quite strong but now the
people of younger generation and particularly those people who are equipped with modern type
of education do not seem to show the same reverence with their fathers (or parents) had for their
parents or even the elders in the family.
But the authority or the position of women differ and was totally depended on the
positions of their husbands in the family or in the household. And the wife or spouse of the head of
the family or even the mother-in-law was in charge of the household. And her words were law or
had at least had the same or given the same importance.
This thing is even prevalent even nowadays in many families not just in small towns but
the big cities too. And the decision made by her were for the entire family and its members and
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not for the good of the individuals residing in it. The young women in the family were expected to
be obedient and had to abide by the rules.
Self-assertion was required even in bringing up their own children was considered, as
blasphemy. Widows and those who were rejected by their husbands were given assurance of the
family roof but they mostly had no voice of their own in the family.
And with the aim of resolving such issues of themselves and responsibilities; parents very
cunningly encourage their educated sons and daughter-in-law to take independent decisions in
joint or even in the extended families. This is now not only the case in urban areas but in rural
areas too. This type of case is not unusual when sons and daughters possess a high level of
education and a greater degree of exposure of the world outside the family than ever before.
In today’s date whether it is man or woman or a boy or girl and this one is contrary to the
old practice, they are beginning to assert their wishes in the mate selection. Also, the parental
decisions are no more considered as supreme as was the case back in the earlier days. But the
changes concerning erosion of the authority of old guards particularly while taking decisions of
marriages are on a gradual decline in rural areas too.
But an interesting fact was discovered about the change in authority structure within the
family is that about nine to ten percent of the households are headed by women (female
members) while the National Family Health Survey-1 (1995:46) gives a slightly different picture
which is slightly higher in figure (up to 10 percent). It shows that most of the household heads are
usually independent and gainfully employed. In the absence of their husbands which could be
either because of their deaths, separation, transfer in jobs or business engagements or maybe
because of other reasons women are themselves able to run the affairs of the family.
Especially because of the migration of men to much longer distances for employment is
also one of the important reasons for the emergence of such households. The phenomenon of
female-headed household assumes significance in the Indian society because in the past when the
joint family system was much prevalent then that female-headed household was not that quite
prevalent or was an uncommon phenomenon.
Reforms
The concluding remarks would be that because of the rise in the number of single-member
households, break-down of traditional joint family system and increase in the number of divorce
cases and especially individual males migrating to the big cities for better work and living
standards there has been erosion of authority of patriarch, then erosion of family values and
increase in the number of working mothers in cities and especially more single parents.
Then rise in domestic violence and more practice of dowry, children and elders being
neglected and disregard to laws made for the preservation of family system are enough
indications that show the danger that the family and in the end society are what progressively
facing in a country like India.
To combat this situation which is continuous erosion of culture and values attached to it
there needs to be a set of strong, consistent policies to strengthen the Indian family system.
Otherwise, India would be left with no choice but they will be facing the same problems as being
faced by many families around the globe in many of the developed countries. And to tackle this
situation there need to be more specific reforms which will help us to transform like increased
support in the areas of childcare, social services, income assistance and other health services than
it was ever there before.
In fact, in view of problems of various kinds which is being faced in the past as well as now
and possible challenges of future there is a need of Family Policy Council in each state of India to
conduct policy analysis, promote intergenerational solidarity, facilitate strategic leadership
involvement and influence public opinion and this method has been adopted by many countries
abroad to tackle the difficult situations.
Devolution of Interest in Coparcenary Property: Scope and Interpretation Post Amendment
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The Hindu Succession Act (‘the act’) enacted in 1956 is the governing piece of legislation
concerning the transfer and devolution of property amongst Hindus in India. It codified the
existing laws of inheritance while also introducing certain changes. It sought to redress some
anomalies created by traditional Hindu Law. However, it was a compromise between tradition
and modernity that could not lead to full equality.
The desire to retain the Mitakshara coparcenary along with principals of intestate
succession in the act led to complexities. While a daughter would get only a share from the
presumed partitioned property of her father, the sons continued to get a share in the coparcenary
property as well as the notionally partitioned property. To redress these problems, the act was
amended in 2005. It gave women a right by birth in the property of their father by including them
in the coparcenary. This was a huge blow to patriarchy institutionalized by law and paved way for
women to have true economic and social equality. However, post the amendment, there have been
inconsistencies in the interpretation of § 6 concerning the devolution of interest in the
coparcenary property. This has hindered the achievement of the objectives of the amendment act.
In the first part, we will deal with the nature of rights in coparcenary property before the
amendment act. In part two we seek to understand the implications of the amendment act. In part
three we probe the controversy regarding the retrospectivity of the amendment act and judicial
pronouncements regarding the same. We shall examine the inconsistencies that have plagued the
interpretation of § 6 of the amended act. In part IV, we look at the possible redressal of the issue.
I. Property Rights of women under the act before the amendment

The Concept of Hindu Coparcenary
Traditional Hindu Coparcenary consisted of four generations of male members in a family,
starting from the oldest surviving member. The undivided coparcenary property belonged to all
the members of the coparcenary where each coparcener held a share by birth, and thus it
devolved by the rule of survivorship.Such an arrangement left the female relatives of the deceased
without any protection as the property rights were vested solely in men who were a part of the
coparcenary. The exclusion of women was a result of the notion that women lacked the potency to
perform religious obligations, such as providing offerings to ancestors and performing funeral
rituals.Thus, traditional laws of succession were ridden with gender bias and hindered any
possibility of equality for women.
When the act was being framed, B. N Rau and B. R Ambedkar recognized these problems and had,
in fact, proposed to do away with the concept of Mitakshara coparcenary altogether. This
proposition was met with fierce opposition. The idea of making daughters a part of the
coparcenary was also pioneered but was not accepted. Thus the act was a product of a middle
ground. The Mitakshara coparcenary was retained but more protection was offered to women
than what was offered under traditional Hindu law.
Protection offered to women under the 1956 act

In light of the principles of equality enshrined in the constitution, the act tried to alleviate
the position of women by giving them a share in father’s separate property. Daughters were
introduced as class I heirs and this enabled the daughters to get a certain share out of their
father’s property through the concept of a notional partition.
A Hindu male can hold two types of property. The first one is ancestral property that
devolves by the rule of survivorship. The second one is separate property that devolves according
to the rules of intestate succession. After partition, the property is considered to be separate
property of the man which devolves upon his heirs by intestate succession. Thus, the concept of
notional partition was introduced in explanation I of § 6 of the 1956 Act. It mandated a legal
presumption that a partition had taken place immediately before the death of the coparcener who
had, either a female relative specified in class I of the schedule of the Act, or a male relative who
claimed through such a female relative. This entailed that the property would devolve by intestate
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succession and not by the rule of survivorship. This legal fiction was created to protect the
interests of the daughter of the deceased. As the notionally partitioned property would be
considered to be separate property, she would be entitled to a share out of it.
This assured the daughter some interest in the father’s property. Before the act, entire
undivided property would devolve to surviving coparceners as per the rule of survivorship,
leaving the daughter remedy-less. This was the first step, though a cursory one, is ensuring that
there is parity between male and female successors. However, the result of this provision was that
sons of the deceased coparcener could claim both as heirs and later as surviving coparceners. This
is because notional partition is only a tool to demarcate the share that the deceased would have
received and it does not disrupt the coparcenary property as whole. Hence, the rest of the
undivided property continues as coparcenary property. This enabled the male members to get a
share larger than their female counterparts.
II. Position Post Amendment

It was observed that granting daughters a share in the notionally partitioned property of
their fathers still did not place them on the same level as their male counterparts. In light of this,
there could be only two ways in which equality could be truly achieved in this regard. Either the
concept of coparcenary property had to be abolished or daughters had to be made a part of the
coparcenary. Kerala followed the first route while the second model of making daughters a part of
the coparcenary was introduced by Andhra Pradesh and was later followed by Maharashtra, Tamil
Nadu et al.These state amendments were an effort to realize the constitutional mandate of
equality. It was also to eradicate the practice of dowry which was believed to have stemmed from
this exclusion of women from holding property. However, some of these amendments excluded
married daughters from their ambit.
In 2000, the 174th Law Commission Report suggested a number of reforms with regards to
women’s right to property. It also pointed out another bias in § 6 of the Act wherein, when
property devolves according to § 8, it considers male line of descent up to two degrees, but the
female line only up to one degree. It also proposed to delete § 23 of the act that excludes female
heirs from claiming a partition of the dwelling house.
In 2005, the amendment was passed along the lines of various state amendments and the
Law Commission Report. This had the effect of overriding the state amendments. After the
amendment the fundamental principles of the Hindu coparcenary were challenged. Daughters
were made a part of the coparcenary and were granted the same rights over the coparcenary
property as their male counterparts. Further, earlier daughters were barred from
becoming kartas because they were not a part of the coparcenary. However, by the application of
the amended § 6 they can now act as kartas. The Parliament also proceeded to obliviate the
distinction between a married and an unmarried daughter. This was path-breaking blow to
institutionalized patriarchy as it made women economically independent. However, problems still
persist regarding concepts like reunification which are governed by uncodified Hindu law.
III. Issues in Interpretation

Prakash v. Phulavati
In the present case the suit for partition and for inheritance was filed in the year 1992 by
the daughter of the deceased. During the pendency of this suit, the amendment of 2005 was
enacted and the plaintiff amended her plait to be able to benefit from this amendment.
The trial court however, did not decree a share in the ancestral property in her favour. In
appeal, the High Court reversed this decision and held the amendment act would be applicable to
the present case, even though the respondent’s father had passed away before the enactment.
While interpreting § 6(5) of the amendment act, it held that it only bars applicability of the
amendment act to cases where partition has been effected before the stipulated date. However,
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this bar will not be attracted in the present case because there was no deed of partition but only a
notional partition that had taken place.
The defendants in the present case appealed to the Supreme Court and contended that the
plaintiff respondent was entitled to the separate property of her father, but was not entitled to the
ancestral property. According to them, the plain wording of the amended provision made it clear
that the provision would apply to “daughter of a coparcener” during the commencement of the
act. However, since the coparcener had died before the amendment in the present case, the
daughter would not able to claim benefit of the amendment. Against this it was contended that the
amendment was a social legislation and should be given retrospective effect barring for partitions
that have been effected by a decree of court or those done by a registered deed.
The court held that the amendment act can only be effective if the death of the father
occurs after the date of enactment. In absence of any express provisions, it was held that the act
cannot be applied retrospectively, even if it is a social legislation. Thus, the amended shall only
apply to “living daughters of living coparceners” at the time of enactment and the transactions
prior shall remain unaffected.
Dannamma v. Amar
In this case, the appellants were the daughters of a coparcener who had died in 2001. The
respondents were the sons of the deceased who had filed a suit for partition of the property in
2002. They claimed that the daughters were born prior to 1956, the enactment of the act. The trial
court had denied any share to the daughters. The appeals to High Court were also dismissed.
However, the Supreme Court reversed the impugned judgements. The question was
whether by the virtue of the amendment, the daughters would become coparceners “in the same
right as the sons.” While relying on the case of Anar Devi, it held that the concept of notional
partition exists only for the computation of the interests of the shares of the heirs and does not
disrupt the coparcenary as a whole. Further, the court reiterated the principles laid down by
the Phulavati case. It said the purpose of the amendment was to realize the constitutional mandate
of equality.
The trial court decree in the present case was passed in 2007. The court held that the lower
courts should have been mindful of this change in legal rights. It relied on the case of Ganduri
Koteshwaramma, to say the rights under the amended act are not lost merely because a
preliminary decree has been passed in a partition suit before. It was held that the amendment
further gave an inherent right by birth in the property to the daughters. The court then directed
the trial court to apply the principles accordingly and grant a share in the coparcenary property to
the daughters as well.
Ambiguities in Interpretation
The judgement in Danamma thus brought back the controversy from its grave. Though the
judgement agrees with the ratio in Phulavati, it does not apply it. By giving the daughters the
benefit of the amended act even though the father had died before the amendment, the judgement
directly goes the against the ratio of Phulavati which prescribed that the amendment shall only
apply to “living daughters of living coparceners.” Since the Phulavati case still continues to be
good law, a daughter whose father had died before the amendment cannot claim the benefit of the
amendment act. However, going by the ruling in Danmma, a daughter will be entitled to the
benefits of the amendment act in a pending suit filed after 2005 regardless of when the father
died. The distinction between fresh suits for partition and pending suits does not a have sound
basis.
By the literal interpretation of the statute, the ruling in Phulavati is legally sound. It is also
more pragmatic to set a clear date for the application of the amendment act. This has, however,
been blurred by the judgement in Danamma. There is still ambiguity as to whether daughters of
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coparceners dying before the amendment act can by the virtue of the judgement
in Danamma institute a claim in the coparcenary property.
The rationale in Danmma focuses of the objective of the amendment to give the daughters
“inherent right to property by birth.” If this rationale is followed, then in case of father’s death
before the amendment a daughter should be allowed to institute a claim for partition based on
this right. However, the ruling restricts itself to pending suits or suits filed by a male coparcener.
In contrast, noticing that the ruling in Phulavati is an “authoritative precedent,” a female has no
rights under the amendment act if the father had died before enactment. In such a case, she shall
have no claim to institute proceedings for partition. Hence, in this author’s view, it is not logically
sound to draw a distinction between suits for partition that have not been finally decided, those
suits for partition that are sought to be instituted by daughters. The effect of these two
judgements, thus, has dichotomized the law.
IV. The way forward

The statement of objects of the amendment act states that the
traditional Mitakshara coparcenary infringes women’s right to equality by excluding them from
inheritance of ancestral property. The amendment seeks to redress this inequity. The ruling
in Danamma thus, is more in consonance with the objective of the act.
The logical basis provided by amendment act and that provided by the ruling in these cases
remains the same. It says that transactions prior to enactment shall not be affected and it seeks to
protect that rights that have already been conferred. However, this end can be achieved even if the
ruling in Danamma is not restricted only pending proceedings. Even in a scenario where father
has died before the enactment of the amendment act and no partition has been effected for the
coparcenary property, a daughter should be allowed to institute proceedings and claim her share
as per the amendment act. In such cases too, there is no finality of shares among the coparceners.
Hence, giving such a benefit to the daughter will not negative rights conferred previously. In this
case also, the benefit of the amendment act can be provided regardless of the date of death of the
father.
Going one step further, it has been proposed by some critics that the concept of
coparcenary property be abolished altogether. This had been done in the state of Kerala in its now
overridden amendment act. This idea was ejected by the Law Commission on the account that this
would not protect the interests of women. Thus making daughters a part of the coparcenary is
perhaps the best way to protect their interest from being willed away.
The Mitakshara coparcenary is a system of joint family ownership of property by all the
male descendants of a common ancestor. The property is held in common and cannot be alienated
by any individual coparcener without the consent of all the other coparceners.
The Hindu Succession Act, 1956 (HSA) has made significant changes to the law of
devolution of interest in Mitakshara coparcenary property. The Act provides that on the death of a
male Hindu, his interest in the coparcenary property shall devolve by testamentary or intestate
succession, as the case may be, to his sons, daughters, widow, and the surviving male lineal
descendants of his pre-deceased sons.
This means that daughters now have the same rights as sons in the coparcenary property.
They can inherit the property from their father, and they can also alienate the property without
the consent of their male coparceners.
The HSA also provides that the interest of a female Hindu in the coparcenary property shall
not be liable to attachment, sale, or any other disposition for the payment of her debts. This is to
protect the interest of the coparcenary property from being taken away by the creditors of the
female Hindu.
The HSA has also made changes to the law of partition of Mitakshara coparcenary property.
The Act provides that a partition of the coparcenary property can be made by a decree of the
court, or by a deed of partition executed by all the coparceners.
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The HSA is a complex and comprehensive legislation. It has been the subject of much legal
debate and interpretation. However, there is no doubt that the Act has had a significant impact on
the law of succession in India. It has brought about significant changes in the law of succession,
including giving women equal rights in property ownership.
Here are some of the key points of the devolution of interest in Mitakshara coparcenary
property under the HSA:
1. Daughters have the same rights as sons in the coparcenary property.
2. The interest of a female Hindu in the coparcenary property shall not be liable to
attachment, sale, or any other disposition for the payment of her debts.
3. A partition of the coparcenary property can be made by a decree of the court, or by a deed
of partition executed by all the coparceners.
The devolution of interest in Mitakshara coparcenary property is a complex legal issue. It is
important to seek legal advice if you have any questions about this issue.
3.4 Succession to property of Hindu female dying intestate under the Hindu Succession Act
1956.
The Hindu Succession Act, 1956 made a revolutionary change in the law for female Hindu. For the
first time, a Hindu female got the chance to become an absolute owner of the property. She could
inherit equally with a male counterpart and a window was also given importance regarding the
succession of her husband’s property as also to her father’s property. The Hindu Succession
(Amendment) Act, 2005 made the daughter, like son, a coparcener in a joint family. The
amendment was meant to ensure that women and men became equal heirs to ancestral property.
Though these measures have encouraged some marginal differences in property
ownership, the scenario remains largely unchanged as women are yet to assert their rights. For
example, a mother shares equally with the children and widow when a son predeceased her. But
when a married daughter dies, the mother gets the rank after her husband’s heirs. This is what the
law was enacted in 1955-1956. Further, in India, a woman’s property rights vary depending on
her religion, her marital status, the state she comes from and her tribal identity. This means there
is no single set of laws which govern the rights related to an Indian woman to property.
The misrepresented reality in which gender is positioned in the social, political, economic
and cultural transactions shows the fact that law is not gender-based, but is sometimes not even
gender-neutral. Gender neutrality will not be enough if it merely maintains the existing conditions
which is nothing but the guarding of gender discrimination. Women need and must have
confirmation of equality in society and under law. For example, Section 15 of the Hindu Succession
Act that determines the order of succession in the case of a Hindu woman who dies intestate
should be amended for it reflects a rooted system of oppression of women.
Intestate succession to Property of Hindu Female

The Hindu Succession Act 1956 deals with the succession to the property of a Hindu female
intestate. Pre 1956, there were varied rules under the uncodified Hindu laws. Section 15
and Section 16 of Hindu Succession Act applies to the absolute property of a female ‘including an
undivided interest in a Mitakshara coparcenary property in which a female was a coparcener’
(2005 Amendment to the Act). Only the property which can be inherited and over which a woman
had full powers of disposal will be subject to the application of these sections. Thus, the scheme of
succession does not apply to any property held by a Hindu woman in the form of a limited owner
according to Section 14(2) or to which the Act does not apply.
The order of succession to the property- the whole of it being separate from a Hindu
female, dying without making a will is not the same as in case of a Hindu male. The Hindu
Succession Act, 1956 agrees with the old Hindu law of succession in as much as that there is a
difference between succession to a male and that of a female. All other major succession laws in
India lays down a uniform scheme for all intestates. The reason for not providing a uniform
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scheme under Hindu law is linked closely to the emphasis on the conversation and protection of
the property in the family of a male Hindu. A woman under the patriarchal arrangement is made
to believe as having no permanent family of her own. In contrast, there is no visible change in the
husband’s family when it comes to his marriage or remarriage.
Whilst the Hindu woman’s limited estate has been abolished and as long as the woman is
alive she will be having absolute power and right over all types of property. But still without
making a will, the succession of the ‘source of property’ is still material and under dilemma. For
succession, the property of a Hindu female is concerned about the following three heads:
1. Property inherited by the female from her father or the mother.
2. Property inherited from her husband or father-in-law by the female.
3. Property obtained from any other sources like by inheritance or otherwise.
It may be noted that if the female has her children then the first two heads would not be in
operation.
Section 15 talks about the succession of the property in respect with the Hindu female dying
without making a will after the initiation of the Act. According to Section 16, the property of a
female Hindu shall be decent as per the rules stated in this section. Section 15 and 16 of the Act
are imminent in their operation and do not govern the succession of the property concerned with
the Hindu female whose death took place before the Act came into existence.
General Property (Section 15(1))

This section includes all those properties other than which were inherited by a Hindu
female from her parents, husband or father-in-law. That means a property received by the Hindu
female from her husband, parents or father-in-law not be in way of inheritance but instead should
be received through any other way like a gift, will, settlement, prescription, a transfer for
consideration i.e purchase will be covered under Section 15(1). The property which has been
gifted to the Hindu female even from her father will not be equal to inherited property, so Section
15(2) instead of Section 15(1) will be applied here as held in the case Meyappa v. Kannappa AIR
1976 Mad. 184.
Self-acquisitions are further covered under Section 15(1) which are made by a female. A
female has the right to receive property from any other source including a property inherited
from any other relation in the family, such as property inherited from her brother in the capacity
of his sister or her husband’s brother as his brother’s widow. This property would be considered
as her ‘general property’ which has been covered in Section 15(1). The heirs mentioned are
divided into five different categories by the name of ‘entries’, as long as a single heir is present in
the earlier entry till then the property will not go to the next entry as per Section 16. The property
will be confiscated by the government by escheat if there are no heirs in any of the five entries
mentioned.
Entry (a)- sons and daughters, sons and daughters of a predeceased son or daughter ie.
grandchildren, and the husband
These heirs shall succeed simultaneously by sharing equally to the exclusion of other heirs
as per Section 16. However, the children of a predeceased son/daughter will not be taking per
capita with the son or daughter or husband of the intestate but will be taken between them the
share which their father or mother would have taken if were alive at the time of the death of the
intestate i.e. they will take per stripe. In other words, such children will divide the share falling
under the share of their predeceased father or mother.
In a case, a Hindu Woman A dies, leaving behind a son S1 and a granddaughter D from her
second son S2. S2 married W2 and later got to discover that his consent had been obtained by
fraud. S2 filed a petition in court for obtaining a decree of nullity. D conceived before the discovery
of fraud by S2. The marriage was declared null and void. S2 died and D was brought up by her
grandmother A. Now A also dies. D could not inherit A’s property as children born of annulled
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voidable marriages do not inherit the property of any relative of their parents. It may be noted
that children of a predeceased son/daughter will also be disqualified from inheriting the property
of the intestate if, before their birth, their parents had ceased to be Hindu by conversion.
In Ugre Gowda v. NageGowda, the Apex Court observed that an adoptive mother cannot be
deprived of her right to dispose of her separate property by transfer or will that she possesses if
she has adopted a son. Thus, such relief the widow or the adoptive mother of the suit property
which vested in her by succession on the death of her husband.
Entry (b)- Heir of husband

On the failure of heirs in entry (a), the property will be passed upon the heirs of the
husband. Since the property is deemed to be that of her husband, the inheritance will be
determined by the law regarding succession to the property of a Hindu male as per Section 8.
Thus, the husband shall be deemed to have died immediately after the female Hindu died as per
Section 16. Heirs of the husband do not mean ‘all persons who could have been the heirs of such
husband’.
It may be noted that the date of the opening of the succession is not the date of the death of the
husband, but that of the deceased i.e. female Hindu (Seethalakshmi Ammal v. M. Iyengar AIR 1998
SC 1692). Thus, it has to be presumed that on the death of the intestate, it was her husband who
had died and the property also belonged to him. In such a situation, the ‘step-son of a female’ who
is a qualified heir can succeed as the ‘son of the husband’ who was born to him from a previous
marriage. Thus, where a Hindu woman, W, dies intestate, leaving behind her step-son and her
brother since brother is an heir in the later entry, the step-son will succeed to her property.
The widow of a predeceased son, widow of the deceased brother of the husband, sister of
the husband, or even a remote cousin of the husband would fall in the category ‘heirs of the
husband’.
It is to be noted that the ‘heir of husband’ is considered ‘near in relation’ to a childless
widow, in comparison to her parents and brothers and sister which are placed in the later entry.
Thus, a woman’s blood relations are relegated to an inferior placement in comparison to the
category of ‘heirs of husband’ (relations by marriage). No other succession law, including Muslim
law, gives statutory preference to the in-laws over a woman’s blood relatives. This is so when a
Hindu male dies, none of the wife’s relatives can ever inherit his property.
Entry (c)- Father and mother of the deceased female (proposita)

Father/Mother does not include a step-father/mother, but adoptive mother/father is
included. However, step-father/mother could succeed as ‘heir of mother’ and the latter as ‘heir of
a father’.
Where the marriage of the parents was a void marriage or an annulled voidable marriage,
the parents inherit from such children. Even if the deceased female (proposita) was an illegitimate
daughter of the mother, a mother will inherit, however, a putative father will not inherit.
Entry (d)- Heir of the father

Since the property is deemed to be that of her father, the inheritance will be determined by
the law regarding ‘succession to the property of a Hindu male’ as per Section 8. Thus, the father
shall be deemed to have died immediately after the female Hindu died as per Section 16. Heirs of
the father do not mean ‘all persons who could have been the heirs of such father.’
The category will include brothers and sisters including half-blood brothers/sisters and their
descendants, grandparents and other natal relations.
Entry (e)- Heir of the mother

Since the property is deemed to be that of her father, the inheritance will be determined by
the law regarding ‘succession to the property of a Hindu female’ under Section 15 and Section 16.
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Thus, the mother shall be deemed to have died immediately after the female Hindu died as per
Section 16. Heirs of the mother do not mean ‘all persons who could have been the heirs of such
mother.’ The category will include the uterine brother/sister and their descendants.
Property inherited from mother or father (Section 15(2)(a))

This section provides notwithstanding anything contained in Sub-section(1). Any property
inherited by a female Hindu from her father or mother shall descend, if there is no son or daughter
of the deceased present including the children of any predeceased son or daughter not upon the
heirs cited in subsection(1) in the order described but on the father’s heirs. Thus, Section
15(2)(a) is an exception to Section 15(1).
Section 15(2) governs only that property which was acquired by the intestate by
‘inheritance’ as an heir and not received from parents through gift or will. It may be taken into
consideration that a gifted property is not equal to the inherited property. Any property gifted at
the time of marriage is her Stridhan and succession to it is governed by Section 15(1) (Meyappa v.
Kannappa AIR 1976 Mad. 184). Similarly. If she has converted the property she inherited from her
parents into some other property, succession will not be governed under Section 15 (2) (Emana v.
Gudiseva AIR 1976 A.P. 337).
Likewise, the inherited property should be available at the time of her death. If the identity
of the property is changed or it is substantially altered and improved or if it is substituted then
Section 15(2) has no application. Thus, if she inherits property from father then sells it and out of
sale proceeds, purchases another property, this property again would be her general property and
Section Section 15(1) will apply as held in Veera Raghavamma v. G Subbarao (AIR 1976 A.P. 377).
If a Hindu female had inherited property from ‘father or mother’ not from the father’s or mother’s
side the heirs fall under the two categories:
Category (1): Sons, daughters, sons and daughters of predeceased son or daughter
In the time of non-existence of any of the preferential heirs like sons, daughters, etc, the
property passes upon the heirs of the next category intestate’s father. In other words, the property
inherited by a female from her parents, in the absence of her children, will revert to her father’s
heirs. The ‘husband’ is excluded here.
Thus, where a Hindu female died leaving behind her daughter from a previous marriage and the
second husband and property that she had inherited from her father, it was held that since the
deceased had inherited the property from her parent, her daughter alone will be entitled to
succeed and the husband here cannot succeed as said in case Radhika v. Anguram (1994) 5 SCC
761.
A ‘step-son’ is not an issue and cannot inherit the property of a woman that she inherited
from her parents as held in case Lachman Singh v. Kirpa Singh AIR 1987 SC 1616.
Category (2): Heirs of the father

Thus, the father shall be deemed to have died immediately after the female Hindu died
under Section 16. Here it seems to be a defect in the drafting of the Act. Even if a father is still
alive, his property will not go to him but to his heirs. The clause should be read, ‘upon the father
and in default of the father, upon his heirs’.
There is another anomaly i.e, whether the property is inherited from the father or mother,
in both the cases, the devolution will be upon the ‘heirs of the father’. Thus, even if she inherits
from her mother, the ‘heirs of mother’ cannot succeed. However, if the intestate (female) dies
survived by her mother, she would count as an heir along with the other heirs of the father.
In a case, A dies leaving behind her husband H, her full brother B and her uterine sister S
(her mother having remarried after the death of her father). A had inherited property from her
mother. The property will not devolve upon H but upon B (heir of A’s father). S is not entitled to
succeed as she is not an heir of A’s father but A’s mother.
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Property inherited from husband or father-in-law (Section 15(2)(b))

Section 15(2)(b) provides that the husband shall be deemed to have died immediately after
the female Hindu died. It may be noted that a woman inherits the property of her husband on his
demise, as his widow. She also inherits from her father-in-law as the widow of his predeceased
son (provided she does not remain before the date of the opening of the succession).
Here, if the female had been married more than once, the properties inherited by her from
her respective husbands and their fathers should go to heirs of respective husbands. However, if
she remarried after inheriting property from her deceased husband and died leaving behind
issues from her second husband, she has not died issueless and her children and second husband
will succeed to the property. But if she dies issueless, the second husband will not succeed and the
property will revert to the first husband’s heirs. Likewise, where a woman inherited property
from her second husband and died leaving behind a son from the first husband, a son would take
the property (Chintaram v. Rushibai, 2000 AIHC 1308 M.P.).
In a recent case, a woman died leaving behind a son and a daughter, born to her from the
husband whose property she had inherited. From her previous marriage, she already had a son.
The Gauhati High Court held that the son born of the previous marriage was not entitled to get the
property, as it was the property that was inherited by the woman from her second husband and
he was not the heir of that husband. The expression ‘son and daughter’ would mean the son and
daughter of that husband from whom or from whose father, she had inherited the property. The
court reasoned that if such property is allowed to be drifted away from the source through which
the deceased female had inherited the property, the object of Section 15(2) would be defeated.
The purpose of Section 15(2) is to ensure that the property left by a Hindu female does not lose
the real source from which the deceased female had inherited the property as held in
case Dhanistha Kalita v Ramakanta Kalita AIR 2001 Gau 92.
It is submitted that the expression that the legislature has used in Section 15(2)(b) is in
absence of ‘any son or daughter of the deceased’. The expression is without any qualification and
the words ‘any son or daughter’ means any son or daughter and not the son/daughters-
legitimate, illegitimate, etc. these are the only relations that are described concerning her and not
regarding her father/husband/mother. All children have equal rights over the property of their
mother.
It has been held that where the ‘heirs of husband’ are not present and a female Hindu dies
issueless, leaving behind property ‘inherited by husband/father-in-law’, the property would be
treated as the general property and devolve as per Section 15(1) if any of heirs (her brother’s
grandson, in the present case) is present. In other words, this would not be treated as a case of
‘failure of heirs’ and the property would not go to the government under the application of the
doctrine of escheat. The intention behind Section 15(2) was not to eliminate the other heirs
specified in Section 15(1) but to give an order of preference (State of Punjab v. Balwant Singh AIR
1991 SC 2301). It was held that it is important to remember that a female Hindu being the full
owner of the property becomes a new heritage of descent. If she leaves behind any heir as per
sub-section(1) or sub-section(2) of Section 15, her property cannot be escheated.
Coparcenary interest acquired by Female as per Section 15(1) and not by Section 15(2)
After the 2005 Amendment to the Hindu Succession Act (1956), a daughter (married or
unmarried) has become a coparcener like a son with occasions of coparcenary ownership. As
noted earlier, a coparcenary interest is acquired by a daughter by birth and though it comes from
the family of her father it is not an interest that she has ‘inherited’ from her parents. under such a
situation, her heirs would be her husband, her children and children of predeceased children.
These heirs would succeed to her property whether she dies without seeking partition or she dies
after partition.
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Thus, in case of a female dying intestate, her interest as determined under Section 6(3) will
be succeeded to her heirs following Section 15(1). Section 15(2) cannot apply here because the
interest calculated under Section 6(3) is not a share which she inherits from her father.
Succession to a property by a Hindu female (Example)
A Hindu joint family consisting of Father(F), his Wife(W), his Son(S) having two children
i.e, grandchildren S1 and D1, his Daughter(D) having a daughter, ie.granddaughter D4 and a
predeceased Daughter D3 having a son(S2) and a daughter(D2). In the aforesaid example, the
succession to the property of predeceased daughter D3 survived by her husband(H) and son(S2)
and a daughter(D2) will be as follows:
D3’s share in the coparcenary property was 1/5th. This share of hers is ‘coparcenary
property’ even against her son and daughter because Section 6(2) provides that any property to
which a female Hindu becomes entitled by Section 6(1) shall be held by her with the incidents of
coparcenary ownership. Thus, her interest in coparcenary property will be divided as per notional
partition between her and her son S2 and her daughter D2. Thus, D3, S2 and D2 each will get
1/15th.
This 1/15th will go by intestate succession to her heirs under Section 15(1), as provided
in Section 6(3) that ‘his interest in the property of a joint Hindu family governed by the
Mitakshara, shall devolve by testamentary or intestate succession and not by survivorship’. Here,
a portion of Section 6(1) which provides ‘any reference to a Hindu Mitakshara coparcener shall be
deemed to include a reference to a daughter of a coparcener’ becomes important. Thus, the
expression ‘his’ applies to ‘her’ too. Therefore, this 1/15th is treated at par with her ‘separate
property’ which thus, her ‘absolute property’. According to Section 15(1), this 1/15th will be
divided into three parts equally between her husband H, her son S2 and her daughter D2, each
getting 1/45th share.
The shares will be as follows:
 F- ⅕
 W- ⅕
 S- ⅕
 D- ⅕
 D2- 1/15 + 1/45
 S2- 1/15 + 1/45
 H- 1/45
Special rules for females governed by matrilineal system

The Marumakkatayam system practised among the Nairs of Kerala, the Aliyasantana
observed by the Bunts in Karnataka, and the Marumakkal Vazhi followed by the Pillai’s of Tamil
Nadu are some of the eminent matrilineal systems of inheriting property in India. Although, the
Hindu Succession Act (1956) applies to all Hindus, Section 17 of the Act makes some exceptions
for these practices.
Thus, when a woman who follows the matrilineal customs dies intestate, her ‘general
property’ would first devolve upon the children and the mother and not the children as well as the
husband. Then it would devolve upon father and husband in the same category. ‘Heirs of the
mother’ gain precedence over the heirs of the husband, an order that is inverted in the case of
other Hindus.
Case Laws
Om Prakash v. Radhacharan
In the Om Prakash v. Radhacharan case, A woman’s self-acquired property covered by
Section 15(1) and not by Section 15(2).
In this case, a Hindu girl Narayani Devi, aged 15 years, became a widow within three
months of her marriage. She was driven out of her matrimonial home immediately after her
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husband’s death. She never returned there and also her in-laws did not bother to inquire about
her. She came to her parent’s house and was educated by them. She then took a job. She died
without making a valid will 42 years later, leaving behind huge sums in various bank accounts
besides provident fund and substantial property. There is no doubt or dispute that the properties
of the deceased were ‘self-acquired’ ones and were not inherited from her parents.
The deceased’s property was claimed by her mother and brother (appellants) on the one
side and by the heirs (brothers) of the husband (respondents) on the other side. The appellants
affirmed that in a case of this nature where the husband of the deceased or her in-laws had made
no contribution towards her education or had lent any support during her lifetime, Section
15(2)(a) of the Hindu Succession Act should be held to be applicable. It was negatived by the
Supreme Court in the favour of her husband’s heirs on the ground that as per the provisions of the
Hindu Succession Act (1956), its is the heirs of the husband who have a legal right to inherit the
property of an issueless married Hindu woman and her parents of heirs of parents cannot inherit
in their presence. The Apex Court observed that Section 15(1) lays down the ordinary rules of
succession. Section 15(2) providing for an obstante clause, which however carves out an
exception that when the property is passed upon the deceased from her father or mother on her
deathbed without any children, that property will relate to her parent’s family and not to her
husband’s family under Section 15(2)(b).
The law is silent on the self-acquired property of a Hindu female. Section 15(1), only deals
with ‘general property’, however apart from the exceptions specified in sub-section (2) and does
not make any distinction between a self-acquired property and the property which she inherited
from any other relation. The property which has been vested in the deceased absolutely or which
is of her own is referred to here. The ‘self-acquired property’ of a Hindu female would be her
absolute property and not the property which she has inherited from her parents.
The basis of the inheritance of a female Hindu’s property who dies intestate would thus be
the source from which such a female Hindu came into possession of the property and the manner
of inheritance which would further decide the manner of devolution. In the case of ‘self-acquired
property’, Section 15(1) will apply and not Section 15(2). The Hindu Succession Act does not put
an embargo on a female to execute a will. Section 15(1) would apply only in a case where a female
Hindu dies intestate i.e., without making a will. In such a situation normal rules of succession as
provided for in the statute will apply.
The court further observed that It is now an ingrained principle of law that sentiments or
sympathy alone would not be a guiding force in determining the rights of the parties which are
otherwise clear and obvious under the Hindu Succession Act. This court cannot issue a direction
only on sympathy or sentiments. If the contention of the appellants is to be accepted, we will have
to interpret Section 15(1) in a manner which was not contemplated by the Parliament. The
Parliament has bestowed equality for married and unmarried Hindu women in the matter of
property. The golden rule of interpretation must be applied.
The court finally held that only because a case appears to be hard would not lead us to
invoke different apprehensions of statutory provisions which are otherwise impermissible. In that
view of the matter, we believe that Section 15(1) of the Act would apply instead of Section 15(2).
Accordingly, the appeal was dismissed.
Bhagat Ram v. Teja Singh
In this Bhagat Ram v. Teja Singh case, Succession to property of a Female Hindu (originally
Inherited from her mother).
In this case, a female Hindu along with her sister inherited property from their mother on
her death. After inheriting the property one sister died issueless. The other sister took the
property as her ‘father’s heir’ under Section 15(2)(a) and agreed to sell the same to person A. The
deceased sister’s husband’s brother challenged the validity of this sale and claimed the property
as an heir under Section 15(1)(b).
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The question emerged whether the said property would pass on to the legal heirs of the father
(her sister) or on to the heirs of predeceased husband (husband’s brother). The court held that
under Section 15(1)(b) of the Hindu Succession Act, if a female Hindu dies without making the will
and issueless, the devolution of the property has to be based on the source from which property
was inherited by females. If the property held by a female was inherited from her father or mother
in nonexistence of any children of the deceased and it would only devolve upon the heirs of the
father. And in this case, her sister who was the only legal heir of the father of the deceased
certainly inherited the property because the intent of the legislature is clear that the property if
belonged to the parents of the deceased female originally should go to the father’s legal heirs.
Thus, a sale of such property by the sister of the female Hindu is valid.
The learned counsel for the respondents i.e., heirs of the husband contended that the
deceased female acquired the property from her mother who died. And at that time the deceased
female had only limited rights over this property but by Section 14(1) of the Hindu Succession Act,
she became the full owner of the property. Therefore, on her death, the property kept by her
would be inherited by her legal heirs as per the rules mentioned in Section 15(1). He also
confronted that Section 15 of the Hindu Succession Act will have only eventual operation
according to the words used in the Section15(2)(a) that is ‘any property inherited by a female
Hindu is to be considered as property inherited by her after the commencement of the Act.
The court, however, observed that it is not necessary that such inheritance should have
been after the commencement of the Act. The intent of the legislature is clear that the property if
belonged to the parents of the deceased female originally should go to the father’s legal heirs. So
also under Section 15(2)(b), the property inherited by a female Hindu from her husband or her
father-in-law, shall also devolve upon the heirs of the husband under similar circumstances. It is
the source from which the property was inherited by the female, which is more essential for
devolution of her property. We do not think the fact that a female Hindu originally had limited
rights and later acquired the full right in any way would turn the rules of succession given in
Section 15(2).
The source is always important from which the female inherits the property and which
would further control the situation. Otherwise, persons who are not even slightly related to the
person who held the property originally would acquire rights to inherit that property. That would
defeat the intent and purpose of Section 15(2), which gives a special pattern of succession.
Properties inherited by her father revert to the family of the father in the absence of issue.
Property inherited from her husband or father-in-law reverts to heirs of the husband in the
absence of issue similarly. Such a provision would restrict the properties passing into the hands of
persons to whom justice would demand not to pass.
The current position In law for self-acquired property Of Hindu female dying Intestate
The Succession Act and the amendment
The Hindu Succession Act 1956, also applies to Jains, Buddhists and Sikhs, which have
provided women of India with conditional inheritance rights of the property. Dayabhaga and
Mitakshara are the two schools under which patrilineal Hindu Law is divided across India.
According to Mitakshara school, there is a clear distinction made between a man’s personal
property and property belonging to ancestors. He has full discretion and right over his personal
property to will away and automatically has his sons acting as coparceners under the Succession
Act. Daughters only had the rights to claim in the personal property of their father’s and in the
father’s share of the ancestral property. Women were not given the status of coparceners. Women
could only ask for a right to sustenance from a joint Hindu family in India, and nothing more.
There was an amendment in 2005 which tried correcting this but struggled with
confusions over it due to the conflicting judgements of the court. There was a lack of clarity in the
judgements provided. Bombay High Court ruled that benefits of the new provisions do not extend
to the daughters born after the law was amended. Later in the other case, High Courts in Delhi,
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Karnataka and Orissa passed a contradictory ruling that the amendment will be applied to the
daughters alive in 2005. The Supreme Court of India in 2015 also said that the daughter would not
get property rights if the father died before the amendment came into force. So the very latest
judgment passed clarifies that the law is applicable to all the disputes regarding property filed
before 2005 and pending when the law was enacted. The children of the daughter will be the
coparceners if the daughter had died before 2005.
Women born before 1956 gets Act’s benefits

The Supreme Court in a case came out with the recent judgement challenging the women’s
right to inherit property on two grounds. The Man named Amar claimed that her aunt was born
before 1956, so consequently, she was not eligible for rights that had been provided by the
Succession Act, nor was the amendment of 2005 was applicable on her. The lower court and the
high court upheld the opinion that: However, the Supreme Court cited previous judgements to
rule that two women were eligible to inherit the property as per the Act as well as the amendment
of 2005 as it stood before the Act.
Inheritance of Agricultural Land

The inheritance of agricultural land is another issue which has inclined in the favour of
men. Succession of agricultural land is under the governance of state laws and in many cases
daughters are not provided with the inheritance rights of the property under a reason that it will
result in the fragmentation of the holdings. Across India, only 13% of farmland is owned by
women according to the census data. This is because of the increasing migration of men to cities
and agricultural land is left to women. Not having ownership of the land means that they can not
have access to institutional credits or take advantage of government schemes and offers of
subsidised seeds, fertilisers etc.
Through Section 4(2), the Succession Act 1956 kept agricultural land out of its extent. In
2014, while the Section was repealed by 2005 amendment, the Allahabad High Court ruled that
the agricultural land lies under absolute governance of the State Legislature and Parliament has
no land power to enact any law for the same.
The Supreme Court in its latest judgement does not mention agricultural land. It has also
been found in the reports that despite existing laws, women are often made to sign away their
inheritance rights of property under family pressure. The latest judgement hopefully will result in
providing a boost to women’s fight for equality.
On 2 February, the Supreme Court ruled that under the Hindu Succession Act, daughters
were legally entitled to hold the equal share of the property in her ancestral property, irrespective
of the year they were born in. It was a judgement that attempted to mend decades of imbalance in
Hindu inheritance rights over the property. In this case, a man had contended that his aunt has no
legal entitlement to rights in his grandfather’s property. A bench of Justice AK Sikri and Ashok
Bhushan held that the Hindu Succession Act, 1956 holds that a daughter would be a coparcener
(holding an equal share in the undivided property) in the family’s ancestral property since birth,
having the same rights and liabilities as of a son as amended in 2005 amendment.
The Hindu Succession Act, 1956 (HSA) governs the succession of property of a Hindu
female dying intestate. An intestate person is a person who dies without leaving a will.
The HSA provides for the following heirs of a Hindu female dying intestate:
1. Sons: Sons are the first heirs of a Hindu female dying intestate. They share the property
equally, regardless of their age or sex.
2. Daughters: Daughters are the second heirs of a Hindu female dying intestate. They share
the property equally with the sons, if any.
3. Husband: The husband is the third heir of a Hindu female dying intestate. He is entitled to
a one-fourth share of the property, if there are no sons or daughters.
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4. Mother: The mother is the fourth heir of a Hindu female dying intestate. She is entitled to a
one-eighth share of the property, if there are no sons or daughters and the husband has
renounced his share.
5. Father: The father is the fifth heir of a Hindu female dying intestate. He is entitled to a one-
eighth share of the property, if there are no sons or daughters and the husband has
renounced his share and the mother is dead.
6. Brothers: Brothers are the sixth heirs of a Hindu female dying intestate. They share the
property equally, if there are no sons or daughters, husband, mother, or father.
7. Sisters: Sisters are the seventh heirs of a Hindu female dying intestate. They share the
property equally with the brothers, if there are no sons or daughters, husband, mother,
father, or brothers.
Representatives of deceased heirs: If any of the heirs mentioned above have died before the
intestate, their shares will be inherited by their legal representatives.
The HSA also provides for the following special cases of succession:
1. Adopted daughter: An adopted daughter is entitled to inherit the property of her adoptive
mother in the same way as a natural-born daughter.
2. Illegitimate daughter: An illegitimate daughter is entitled to inherit the property of her
mother in the same way as a legitimate daughter, if the mother has acknowledged her as
her daughter.
3. Stepdaughter: A stepdaughter is not entitled to inherit the property of her stepmother,
unless the stepmother has adopted her.
3.5 Disqualification relating to succession

Disqualification relating to succession refers to the circumstances under which a person is
not eligible to inherit property from another person.
The Hindu Succession Act, 1956 (HSA) provides for the following disqualifications relating to
succession:
1. Conviction for murder: A person who has been convicted of the murder of the deceased is
disqualified from inheriting the property of the deceased.
2. Adoption by another person: A person who has been adopted by another person is
disqualified from inheriting the property of his or her natural parents.
3. Conversion to another religion: A person who has converted to another religion is
disqualified from inheriting the property of his or her Hindu ancestors.
4. Unsound mind: A person who is of unsound mind and incapable of managing his or her
affairs is disqualified from inheriting the property of the deceased.
5. Desertion: A person who has deserted the deceased for a continuous period of not less
than two years immediately before the death of the deceased is disqualified from inheriting
the property of the deceased.
Here are some additional points to note about disqualification relating to succession:
1. The disqualifications mentioned above are only a few of the disqualifications that are
specified in the HSA. There are other disqualifications that may apply in certain
circumstances.
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2. The disqualifications are not absolute. There are certain exceptions to the disqualifications.
For example, a person who has been convicted of the murder of the deceased may still be
able to inherit the property of the deceased if the court grants a probate or letters of
administration to the person.
3. The disqualifications are subject to interpretation by the courts. The courts may interpret
the disqualifications in a way that is fair and just to all the parties involved.
If you are considering inheriting property from another person, it is important to be aware of the
disqualifications that may apply. You should also seek legal advice to ensure that you understand
your rights and obligations.
3.6 General rules of succession

The general rules of succession are the rules that govern the inheritance of property when
a person dies without leaving a will. These rules are set out in the Hindu Succession Act, 1956
(HSA).
The HSA provides for the following general rules of succession:
1. Heirs must be Hindus: The heirs must be Hindus. This means that they must be born of
Hindu parents and they must have been brought up as Hindus.
2. Heirs must be related by blood: The heirs must be related to the deceased by blood. This
means that they must be descendants of the deceased, or they must be the spouse of the
deceased.
3. Heirs must be alive at the time of death: The heirs must be alive at the time of the death
of the deceased. If an heir dies before the deceased, his or her share will be inherited by his
or her legal representatives.
4. Heirs must be capable of inheriting: The heirs must be capable of inheriting. This means
that they must not be disqualified from inheriting property under the HSA.
Here are some additional points to note about the general rules of succession:
1. The general rules of succession are only a starting point. There are other rules that may
apply in certain circumstances. For example, if the deceased is a member of a joint Hindu
family, the rules of succession for joint Hindu families will apply.
2. The general rules of succession are subject to interpretation by the courts. The courts may
interpret the rules in a way that is fair and just to all the parties involved.
If you are considering inheriting property from another person, it is important to be aware of the
general rules of succession. You should also seek legal advice to ensure that you understand your
rights and obligations.
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Module -4:
4.1 Hindu Adoptions and Maintenance Act, 1956
The Hindu Adoptions and Maintenance Act, 1956 (HAMA) is a legislation that governs the
adoption of children by Hindus. The Act was enacted to reform the traditional Hindu law of
adoption, which was based on the concept of male primogeniture. The Act gives women equal
rights to adopt children, and it also provides for the maintenance of adopted children.
The HAMA provides for the following:
1. Who can adopt: Any Hindu can adopt a child, regardless of their sex or marital status.
2. Who can be adopted: Any child can be adopted, regardless of their sex, religion, or caste.
3. Procedure for adoption: The adoption must be made in accordance with the provisions of
the HAMA.
4. Effect of adoption: The adopted child becomes the legal heir of the adoptive parents.
5. Maintenance of adopted children: The adoptive parents are responsible for the
maintenance of the adopted children.
The HAMA is a complex and comprehensive legislation. It has been the subject of much legal
the law of adoption in India. It has brought about significant changes in the law of adoption,
including giving women equal rights to adopt children.
Here are some additional points to note about the Hindu Adoptions and Maintenance Act,
1956:
1. The HAMA applies to all Hindus, regardless of their sect or denomination.
2. The HAMA does not apply to adoptions that are governed by other laws, such as the
Guardians and Wards Act, 1890.
3. The HAMA is subject to interpretation by the courts. The courts may interpret the Act in a
way that is fair and just to all the parties involved.
If you are considering adopting a child, it is important to be aware of the provisions of the HAMA.
You should also seek legal advice to ensure that you understand your rights and obligations.
4.2 Adoption by members of other religion with special reference to CARA Rules
Members of other religions can adopt children in India. However, the process is slightly different
for them.
The Central Adoption Resource Authority (CARA) is the nodal agency for adoption in India. CARA
has laid down certain rules for adoption by members of other religions. These rules are as follows:
1. The person adopting the child must be a resident of India.
2. The person adopting the child must be at least 21 years old and at least 15 years older than
the child being adopted.
3. The person adopting the child must be mentally and physically fit to take care of the child.
4. The person adopting the child must have a stable income and a good home environment.
5. The person adopting the child must be willing to give the child the same rights and
privileges as their own biological children.
The CARA rules also specify the documents that need to be submitted for adoption by
members of other religions. These documents are as follows:
1. A copy of the person's passport or other identity document.
2. A copy of the person's marriage certificate, if married.
3. A copy of the person's income tax returns for the last two years.
4. A medical certificate from a doctor stating that the person is mentally and physically fit to
take care of a child.
5. A home study report from a social worker stating that the person has a stable home
environment and is willing to give the child the same rights and privileges as their own
biological children.
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The CARA rules are complex and comprehensive. It is important to seek legal advice if you are
considering adopting a child from another religion.
In addition to the CARA rules, there are also some religious laws that may apply to adoption by
members of other religions. For example, the Christian Adoption Act, 1960, governs adoption by
Christians in India.
It is important to be aware of all the relevant laws and rules before you adopt a child from
another religion. You should also seek legal advice to ensure that you understand your rights and
obligations.
4.3 The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a legislation that
was enacted to provide for the maintenance and welfare of parents and senior citizens. The Act
defines a parent as "any person who has a legal obligation to maintain a child" and a senior citizen
as "a person who has attained the age of 60 years".
The Act provides for the following:
1. Right to maintenance: Every parent and senior citizen has a right to be maintained by his
or her children or legal heirs.
2. Amount of maintenance: The amount of maintenance payable to a parent or senior
citizen shall be determined by the court.
3. Procedure for seeking maintenance: A parent or senior citizen can seek maintenance
from his or her children or legal heirs by filing a petition in the court.
4. Enforcement of maintenance orders: The court can order the children or legal heirs of a
parent or senior citizen to pay maintenance by attaching their property or by ordering
them to pay the maintenance amount in installments.
5. Punishment for non-compliance: The Act provides for imprisonment for up to 6 months
or a fine of up to Rs. 10,000 or both for non-compliance with the maintenance order of the
court.
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a landmark legislation
that has been welcomed by many as a step in the right direction. The Act has helped to improve
the lives of many parents and senior citizens who were previously neglected by their children or
legal heirs.
Here are some additional points to note about the Maintenance and Welfare of Parents and
Senior Citizens Act, 2007:
1. The Act applies to all parents and senior citizens, regardless of their religion, caste, or
creed.
2. The Act applies to all children and legal heirs of parents and senior citizens, regardless of
whether they are biological children or adopted children.
3. The Act is a civil law and not a criminal law. This means that the court cannot order the
arrest of a person for non-compliance with the maintenance order.
4. The Act is a progressive piece of legislation that has the potential to improve the lives of
many parents and senior citizens.
If you are a parent or senior citizen who is not being maintained by your children or legal heirs,
you can seek legal advice to file a petition in the court for maintenance.
4.4 The Hindu Minority and Guardianship Act, 1956

The Hindu Minority and Guardianship Act, 1956 (HMGA) is a legislation that governs the
guardianship of minors and the property of minors. The Act applies to all Hindus, regardless of
their sector denomination.
The HMGA provides for the following:
1. Definition of minor: A minor is a person who has not attained the age of 18 years.
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2. Appointment of guardian: The guardian of a minor is the person who has the legal
authority to take care of the minor and his or her property.
3. Types of guardians: There are two types of guardians: natural guardians and testamentary
guardians. Natural guardians are the parents of the minor. Testamentary guardians are the
guardians appointed by the minor's father in his will.
4. Duties and powers of guardians: The duties and powers of guardians are set out in the
HMGA. The guardians are responsible for the care and upbringing of the minor and for the
management of the minor's property.
5. Termination of guardianship: The guardianship of a minor can be terminated by the court
in certain circumstances. These circumstances include the death of the guardian, the
marriage of the minor, or the appointment of a new guardian by the court.
The HMGA is a complex and comprehensive legislation. It has been the subject of much legal
the law of guardianship in India. It has brought about significant changes in the law of
guardianship, including giving women equal rights to guardianship.
Here are some additional points to note about the Hindu Minority and Guardianship Act,
1956:
1. The HMGA does not apply to Muslims. Muslims are governed by their own personal law in
matters of guardianship.
2. The HMGA is subject to interpretation by the courts. The courts may interpret the Act in a
way that is fair and just to all the parties involved.
If you are a guardian of a minor, it is important to be aware of the provisions of the HMGA. You
should also seek legal advice if you have any questions about your rights and obligations.
4.5 Uniform Civil Code-

The Uniform Civil Code (UCC) is a proposal to codify all personal laws in India into a single
set of secular laws. This would replace the current system of personal laws, which are based on
religious texts and customs.
The UCC has been a controversial topic in India for many years. Supporters of the UCC
argue that it would promote gender equality and secularism. They also argue that it would
simplify the legal system and make it easier for people to know their rights and obligations.
Opponents of the UCC argue that it would violate religious freedom. They also argue that it
would be difficult to implement and enforce.
The UCC has not been enacted into law yet. However, it is a topic that is frequently debated in
India.
Here are some of the key arguments for and against the Uniform Civil Code:
Arguments in favor of the Uniform Civil Code:
1. The UCC would promote gender equality by ensuring that all citizens are treated equally,
regardless of their religion.
2. The UCC would simplify the legal system and make it easier for people to know their rights
and obligations.
3. The UCC would promote secularism by ensuring that the law is not based on any particular
religion.
4. Arguments against the Uniform Civil Code:
5. The UCC would violate religious freedom by forcing people to follow a single set of laws,
regardless of their religion.
6. The UCC would be difficult to implement and enforce, as it would require changing the
personal laws of different religious communities.
7. The UCC would be unpopular with many people, as it would be seen as an interference in
their personal lives.
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The Uniform Civil Code is a complex and controversial issue. There are strong arguments on both
sides of the debate. It is likely to remain a topic of discussion for many years to come.
4.5.1 Custody, maintenance and education

The custody, maintenance, and education of children are important issues that are often
dealt with in the context of a divorce or separation. The laws governing these issues vary
depending on the state, but there are some general principles that apply.
Custody
Custody refers to the legal right to make decisions about a child's upbringing. There are
two types of custody: physical custody and legal custody. Physical custody refers to the right to
have the child live with you. Legal custody refers to the right to make decisions about the child's
education, medical care, and other important matters.
In most cases, the courts will try to award joint custody to both parents. This means that
both parents will have equal say in the child's upbringing. However, the courts may award sole
custody to one parent if it is in the best interests of the child.
Maintenance
Maintenance refers to the financial support that one parent pays to the other parent to help
support the child. The amount of maintenance that is paid is determined by the court, and it will
vary depending on the circumstances of the case.
The factors that the courts will consider when determining the amount of maintenance
include the income of both parents, the needs of the child, and the standard of living that the child
is accustomed to.
Education
The courts will also consider the issue of education when making decisions about the
custody and maintenance of children. The courts will want to ensure that the child has access to a
good education, regardless of which parent the child lives with.
In most cases, the courts will order the parents to share the costs of the child's education.
However, the courts may order one parent to pay more than the other if the child's needs are
greater.
The laws governing custody, maintenance, and education are complex and can be difficult
to navigate. If you are going through a divorce or separation, it is important to speak to an
attorney to discuss your rights and options.
Here are some additional points to note about custody, maintenance, and education:
1. The laws governing these issues vary depending on the state. It is important to speak to an
attorney who is familiar with the laws in your state.
2. The courts will always act in the best interests of the child. This means that the courts will
consider all of the factors involved in the case, including the wishes of the parents, the
needs of the child, and the standard of living that the child is accustomed to.
3. The courts may order a parent to undergo a parenting assessment to help them make
decisions about custody and maintenance. A parenting assessment is a process where a
professional evaluates the parents' parenting skills and abilities.
4. The courts may also order mediation or arbitration to help the parents reach an agreement
about custody and maintenance. Mediation and arbitration are alternative dispute
resolution processes that allow the parents to resolve their differences outside of court.
If you are facing a child custody, maintenance, or education issue, it is important to seek legal
advice. An attorney can help you understand your rights and options and can represent you in
court if necessary.
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4.5.2 Guardianship and parental rights – welfare of the child principle.

The welfare of the child principle is a legal principle that is applied in matters of
guardianship and parental rights. The principle states that the best interests of the child should be
the paramount consideration in any decision made about the child's care, custody, and upbringing.
The welfare of the child principle is based on the idea that children have a right to be protected
and cared for by their parents or other responsible adults. The principle also recognizes that the
best interests of the child may not always be the same as the wishes of the parents.
When making decisions about guardianship and parental rights, the courts will consider a
variety of factors, including:
1. The child's age and maturity
2. The child's needs and best interests
3. The wishes of the parents
4. The relationship between the child and the parents
5. The stability of the home environment
6. The ability of the parents to provide for the child's physical and emotional needs
The welfare of the child principle is a flexible principle that can be applied to a wide range of
situations. The courts will always consider the specific facts of each case when making a decision.
Here are some of the key points about the welfare of the child principle:
1. The principle is based on the idea that the best interests of the child should be the
paramount consideration in any decision made about the child's care, custody, and
upbringing.
2. The principle is applied in matters of guardianship and parental rights.
3. The courts will consider a variety of factors when applying the principle, including the
child's age and maturity, the child's needs and best interests, the wishes of the parents, and
the relationship between the child and the parents.
4. The principle is a flexible principle that can be applied to a wide range of situations.
If you are involved in a matter of guardianship or parental rights, it is important to seek legal
advice to understand how the welfare of the child principle may apply to your case.
4.5.1 Religious pluralism and its implications.

Religious pluralism is the belief that there are many legitimate religious beliefs and
practices. It is often contrasted with religious exclusivism, which is the belief that only one
religion is true and all others are false.
Religious pluralism has a number of implications for society. First, it can lead to greater
tolerance and understanding between different religious groups. When people believe that there
are many legitimate ways to be religious, they are more likely to be respectful of the beliefs of
others.
Second, religious pluralism can promote religious freedom. When the government does not
endorse any particular religion, it allows people to practice their faith freely. This is important
because religious freedom is a fundamental human right.
Third, religious pluralism can help to prevent conflict. When people from different
religious groups are able to live together peacefully, it is less likely that they will engage in
violence. This is because they are more likely to understand and respect each other's beliefs.
However, religious pluralism also has some challenges. One challenge is that it can lead to
confusion and uncertainty. When people are exposed to a variety of religious beliefs, it can be
difficult to know which one is true. This can lead to anxiety and stress.
Another challenge is that religious pluralism can lead to relativism. Relativism is the belief
that there is no objective truth and that all beliefs are equally valid. This can lead to a lack of
commitment to any particular belief system.
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Finally, religious pluralism can be difficult to achieve in practice. There are many factors
that can lead to conflict between religious groups, such as competition for resources, political
power, and cultural dominance.
Despite these challenges, religious pluralism is a valuable ideal. It can help to promote
tolerance, understanding, and freedom. It can also help to prevent conflict. If we can overcome the
challenges of religious pluralism, it can make the world a better place.
Here are some additional points to note about religious pluralism:

1. Religious pluralism is a relatively new idea. It emerged in the 16th century, during the
Protestant Reformation.
2. Religious pluralism is not universally accepted. There are many people who believe that
only one religion is true.
3. Religious pluralism is often challenged by religious extremism. Religious extremists believe
that their religion is the only true religion and that they must force others to convert.
4. Despite the challenges, religious pluralism is a valuable ideal. It can help to promote
tolerance, understanding, and freedom.
4.5.2 Connotations of the directive contained in Article 44 of the Constitution.

Article 44 of the Constitution of India states that the State shall endeavour to secure for
citizens a uniform civil code throughout the territory of India. This article is a Directive Principle
of State Policy (DPSP), which means that it is not enforceable by the courts. However, it is still an
important part of the Constitution and it has been interpreted by the Supreme Court to mean that
the State should take steps to bring about a uniform civil code.
There are a number of reasons why a uniform civil code is desirable. First, it would
promote equality among citizens regardless of their religion. Currently, different religious groups
are governed by different personal laws, which can lead to discrimination. For example, under
Hindu law, a woman can inherit only one-fourth of her husband's property, while under Muslim
law, a woman can inherit half of her husband's property. A uniform civil code would ensure that
all citizens are treated equally, regardless of their religion.
Second, a uniform civil code would simplify the legal system. Currently, there are a number
of different personal laws, which can make it difficult for people to know their rights and
obligations. A uniform civil code would make the law simpler and easier to understand.
Third, a uniform civil code would promote national integration. Currently, different
religious groups are governed by different personal laws, which can create divisions in society. A
uniform civil code would help to promote national integration by bringing all citizens under a
single legal framework.
However, there are also some challenges to enacting a uniform civil code. One challenge is
that it would require changing the personal laws of different religious communities. This can be a
difficult and controversial process. Another challenge is that there is no consensus on what a
uniform civil code should look like. There are a number of different proposals for a uniform civil
code, and each proposal has its own advantages and disadvantages.
Despite the challenges, a uniform civil code is a desirable goal. It would promote equality,
simplicity, and national integration. It is important for the State to take steps to bring about a
uniform civil code.
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4.5.3 Impediments to the formulation of the Uniform Civil Code

The Uniform Civil Code (UCC) is a proposal to codify all personal laws in India into a single
set of secular laws. This would replace the current system of personal laws, which are based on
religious texts and customs.
The UCC has been a controversial topic in India for many years. Supporters of the UCC
argue that it would promote gender equality and secularism. They also argue that it would
simplify the legal system and make it easier for people to know their rights and obligations.
Opponents of the UCC argue that it would violate religious freedom. They also argue that it
would be difficult to implement and enforce.
The UCC has not been enacted into law yet. However, it is a topic that is frequently debated
in India.
Here are some of the key impediments to the formulation of the Uniform Civil Code:
1. Religious opposition: The most significant impediment to the UCC is religious opposition.
Many religious groups believe that the UCC would violate their religious freedom. They
argue that the government should not interfere in their personal lives and that they should
be allowed to follow their own religious laws.
2. Political opposition: There is also political opposition to the UCC. Some political parties
are reluctant to support the UCC because they fear that it would alienate their religious
constituencies.
3. Lack of consensus: There is no consensus on what the UCC should look like. There are a
number of different proposals for a UCC, and each proposal has its own advantages and
disadvantages. It is difficult to get agreement on a single proposal that would be acceptable
to all stakeholders.
4. Implementation challenges: Even if a UCC were to be enacted, it would be difficult to
implement and enforce. The government would need to create a new legal framework and
train lawyers and judges in the new laws. This would be a major undertaking and it would
take time and resources.
Despite these impediments, there are some efforts to formulate the UCC. The Law Commission of
India has been tasked with drafting a UCC, and the government has set up a committee to study
the issue. It is possible that the UCC may be enacted in the future, but it is likely to be a long and
difficult process.
4.5.4 The idea of Optional Uniform Civil Code.

The idea of an optional Uniform Civil Code (UCC) is a compromise solution that has been
proposed to address the challenges of formulating a uniform civil code in India. Under this
proposal, the UCC would be made available as an option for citizens, but they would still be free to
follow their own personal laws if they prefer.
There are a number of advantages to the optional UCC. First, it would address the concerns
of religious groups who are opposed to a uniform civil code on the grounds that it would violate
their religious freedom. Second, it would be more likely to be acceptable to political parties who
are reluctant to support a uniform civil code because they fear that it would alienate their
religious constituencies. Third, it would be easier to implement and enforce than a compulsory
UCC.
However, there are also some disadvantages to the optional UCC. First, it would create a
two-tier system of laws, with some citizens being subject to the UCC and others being subject to
their own personal laws. This could lead to discrimination and inequality. Second, it could be
difficult to get people to switch to the UCC, even if it is available as an option. Third, it could be
difficult to maintain the separation between religion and the state if the UCC is optional.
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Ultimately, the decision of whether or not to adopt an optional UCC is a political one. There
are strong arguments on both sides of the issue, and it is unlikely that there will be a consensus on
the matter anytime soon.
Here are some additional points to note about the optional UCC:
1. The optional UCC has been proposed by a number of different groups, including the Law
Commission of India and the National Commission for Women.
2. The optional UCC is supported by some religious groups, who believe that it would allow
them to follow their own religious laws while still providing an option for those who want
to follow the UCC.
3. The optional UCC is opposed by some religious groups, who believe that it would erode
their religious freedom.
4. The optional UCC is also opposed by some political parties, who fear that it would alienate
their religious constituencies.
It is important to note that the optional UCC is just one of the many proposals for a uniform civil
code in India. It is possible that a different proposal may be adopted in the future.
The End
**********
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Paper/Subject Code: 66902 / Family Law – II, Date:- 16/12/2019

Q. 1 Answer the following (Not more than two sentences)
1) State the difference between agnate and cognate

The terms "agnate" and "cognate" are used in Hindu law to describe the relationship between two
people.
1. Agnate is a person who is related to another person through males only, either by blood or
by adoption. For example, a son, grandson, father, or uncle are all agnates of each other.
2. Cognate is a person who is related to another person through blood or adoption, but not
necessarily through males only. For example, a sister, niece, or aunt are all cognates of each
other.
In Hindu law, the order of succession to a person's property is determined by their agnates. If
there are no agnates, then the property will pass to the cognates.
Here is a table summarizing the key differences between agnates and cognates:
Characteristic Agnate Cognate
Blood or adoption, but

Related through Males only not necessarily through
males only
Examples Son, grandson, father, uncle Sister, niece, aunt
Order of succession First Second
2) What is the doctrine of factum valet? Give one e.g.

The doctrine of factum valet is a legal principle that states that an act that is invalid or
prohibited by law becomes valid once it is done. The Latin maxim for this doctrine is "factum valet
quod fieri non debuit", which means "what ought not to be done becomes valid when done".
The doctrine of factum valet is applied in Hindu law in a number of cases, such as:
1. Marriage of a minor: Under Hindu law, the minimum age for marriage is 18 years for girls
and 21 years for boys. However, the doctrine of factum valet allows a marriage to be valid
even if it is performed when one of the parties is a minor. This is because the marriage is
considered to be a social and religious institution, and the courts do not want to invalidate
marriages that have already been solemnized.
2. Adoption: Under Hindu law, adoption is allowed only if the adopted child is at least five
years old. However, the doctrine of factum valet allows an adoption to be valid even if the
adopted child is younger than five years old. This is because the courts do not want to
invalidate adoptions that have already been completed.
3. Gift: Under Hindu law, a gift is not valid if it is made by a person who is not of sound mind.
However, the doctrine of factum valet allows a gift to be valid even if it is made by a person
who is not of sound mind, if the gift is made in good faith and for a valuable consideration.
The doctrine of factum valet is a controversial doctrine, and there are a number of arguments
against it. One argument is that it allows people to circumvent the law by simply doing something
that is prohibited. Another argument is that it can lead to injustice, such as when a minor is
married off against their will.
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However, the doctrine of factum valet is also supported by a number of arguments. One
argument is that it is necessary to protect the interests of third parties who have relied on the
validity of the act. Another argument is that it is necessary to uphold the sanctity of certain
institutions, such as marriage and adoption.
Ultimately, the application of the doctrine of factum valet is a matter of judicial discretion.
The courts will weigh the factors involved in each case and decide whether or not to apply the
doctrine.
3) What is Sapratibandha daya?

Sapratibandha daya is a type of property inheritance under Hindu law. It is called
"obstructed heritage" because the right to inherit the property is obstructed by the existence of
the owner. The owner of the property has absolute control over it and can alienate it by gift, sale,
or mortgage. The heirs to the property are only entitled to it on the death of the owner.
Sapratibandha daya is distinguished from apratibandha daya, which is "unobstructed
heritage". In apratibandha daya, the heirs to the property have a vested interest in it from birth.
They are entitled to a share of the property even if the owner is still alive.
Examples of sapratibandha daya include property inherited from:
1. Parents
2. Brothers
3. Uncles
4. Nephews
5. Grandparents
6. Cousins
Property inherited from a husband is also sapratibandha daya for his wife, but it becomes
apratibandha daya for his children.
The following are the main characteristics of sapratibandha daya:
1. The right to inherit the property is obstructed by the existence of the owner.
2. The owner has absolute control over the property.
3. The heirs to the property are only entitled to it on the death of the owner.
4. The property is inherited according to the order of succession laid down in Hindu law.
4) Explain the term ancestral property.

Ancestral property is a property that is inherited by a person from his or her father,
grandfather, or great-grandfather. It is a property that has been held within the family for four or
more generations and has not been divided or sold off.
In India, ancestral property is governed by the Hindu Succession Act, 1956. Under the Act,
the heirs to ancestral property are determined by the following order of succession:
1. Sons
2. Daughters
3. Widow
4. Mother
5. Father
6. Brother
7. Sister
8. Uncle
9. Aunt
10. Cousin
If there are no heirs in the above order, then the property will escheat to the government.
It is important to note that the definition of ancestral property can vary depending on the
state in India. For example, in some states, property inherited from the mother is also considered
to be ancestral property.
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The rules governing ancestral property can be complex, and it is important to consult with an
attorney if you have any questions about your rights to ancestral property.
Here are some of the key features of ancestral property:
1. It is inherited by a person from his or her father, grandfather, or great-grandfather.
2. It is a property that has been held within the family for four or more generations and has
not been divided or sold off.
3. It is governed by the Hindu Succession Act, 1956.
4. The heirs to ancestral property are determined by the order of succession laid down in the
Act.
5. The rules governing ancestral property can vary depending on the state in India.
5) What is escheat?
Escheat is a legal term that refers to the process by which property reverts to the
government when there are no heirs or beneficiaries. This can happen in a number of situations,
such as when a person dies without a will, when a person's heirs are all deceased, or when a
person's property has been abandoned.
The word "escheat" comes from the Latin word "escaeta", which means "to fall back". In the
context of property law, it refers to the property that "falls back" to the government when there is
no one else to claim it.
Escheat laws vary from state to state in the United States. In general, however, the
government will take possession of property that has escheated and will hold it until someone
claims it. If no one claims the property after a certain period of time, the government may sell it or
use it for other purposes.
Here are some examples of property that may escheat to the government:
1. Real estate
2. Bank accounts
3. Stocks and bonds
4. Uncashed checks
5. Life insurance policies
6. Pension plans
7. Jewelry
8. Antiques
9. Collectibles
If you are concerned about your property escheating to the government, you should make sure to
have a will in place. A will can help to ensure that your property is distributed to your loved ones
according to your wishes.
You can also check with your state's unclaimed property website to see if you have any
property that has escheated to the government. Many states have online databases where you can
search for unclaimed property by name or by property type.
6) What is the punishment for abetment of sati?

The punishment for abetment of sati in India is very severe. Under the Commission of Sati
(Prevention) Act, 1987, anyone who abets the commission of sati, either directly or indirectly,
shall be punished with death or imprisonment for life and shall also be liable to fine.
The Act defines abetment of sati as any act or omission that intentionally or knowingly
facilitates the commission of sati. This includes acts such as:
1. Inducing a widow to commit sati
2. Providing financial or logistical support for sati
3. Encouraging or participating in sati
The Act also provides for the punishment of glorification of sati. Anyone who does any act for the
glorification of sati shall be punished with imprisonment for a term which shall not be less than
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one year but which may extend to seven years and with fine which shall not be less than five
thousand rupees but which may extend to thirty thousand rupees.
The Commission of Sati (Prevention) Act, 1987 is a very important law that has helped to
bring about a significant decline in the practice of sati in India. The Act has been very effective in
deterring people from abetting sati, and it has also helped to raise awareness of the harmful
effects of this practice.
7) Explain the term polygamy and polyandry

Polygamy is the practice of marrying multiple spouses. It exists in two main forms:
1. Polygyny: This is when one man is married to multiple women. It is the most common
form of polygamy.
2. Polyandry: This is when one woman is married to multiple men. It is much rarer than
polygyny.
Polygamy is illegal in most countries, including India. However, it is still practiced in some
societies, such as in some parts of Africa and the Middle East.
There are a number of reasons why people practice polygamy. Some people do it for
religious reasons, while others do it for economic reasons. For example, in some societies, a man
with multiple wives is seen as being more wealthy and powerful.
Polygamy can have a number of negative consequences, such as:
1. Inequality: Polygamy can lead to inequality between men and women. In polygynous
societies, men often have more power and resources than women.
2. Violence: Polygamy can also lead to violence against women. In some cases, women who
are married to multiple men may be abused or neglected.
3. Child neglect: Polygamy can also lead to child neglect. In some cases, women who are
married to multiple men may not be able to provide adequate care for all of their children.
Despite the negative consequences, there are also some people who argue that polygamy can
be a positive thing. For example, some people argue that polygamy can provide more stability
and security for women and children.
Ultimately, the decision of whether or not to practice polygamy is a personal one. There are both
positive and negative consequences to consider, and each individual must weigh these factors
before making a decision.
8) Explain the terms modernization and sanskritization.

Here are the definitions of modernization and Sanskritization:
1. Modernization is a process of social, economic, and cultural change that leads to a society
that is more industrialized, urbanized, and secular. It is often characterized by the adoption
of new technologies, the spread of education, and the rise of individualism.
2. Sanskritization is a process of social mobility within the Hindu caste system in which
members of lower castes adopt the customs, rituals, and values of the upper castes. It is
often seen as a way to improve one's social status.
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Here is a table summarizing the key differences between modernization and

Sanskritization:
Characteristic Modernization Sanskritization
Focus Material progress Spiritual progress
Means Technology, education, industrialization Custom, ritual, tradition
Goal A more modern society A higher caste status
Impact Can lead to social change and conflict Can lead to social mobility
Modernization and Sanskritization are two important processes that have shaped Indian
society. Modernization has led to many changes, such as the rise of the middle class, the growth of
cities, and the spread of education. Sanskritization has also had a significant impact, as it has led to
changes in the caste system and the way that people interact with each other.
It is important to note that these two processes are not mutually exclusive. In fact, they
often overlap and interact with each other. For example, a person may adopt modern technology
while also practicing Sanskritization by adopting the customs of the upper castes.
The relative importance of modernization and Sanskritization has changed over time. In
the early days of British rule, modernization was seen as the key to progress. However, in recent
decades, there has been a growing interest in Sanskritization as a way to preserve Indian culture.
The debate over modernization and Sanskritization is likely to continue for many years to come. It
is a complex issue with no easy answers. However, it is an important issue to consider as India
continues to modernize and develop.
9) Explain the terms patriarchal and matriarchal family.

Here are the definitions of patriarchal and matriarchal family:
1. Patriarchal family: A patriarchal family is a family in which the father is the head of the
household and has authority over the wife and children. The father makes the decisions
about the family's finances, property, and children's upbringing.
2. Matriarchal family: A matriarchal family is a family in which the mother is the head of the
household and has authority over the husband and children. The mother makes the
decisions about the family's finances, property, and children's upbringing.
In both patriarchal and matriarchal families, the power and authority of the head of the household
is often passed down from generation to generation.
Patriarchal families are more common than matriarchal families. This is likely due to the
fact that men have historically been seen as the breadwinners and protectors of the family.
However, there are still some matriarchal societies in the world, such as the Mosuo people of
China.
The terms patriarchal and matriarchal can also be used to describe societies as a whole. A
patriarchal society is a society in which men hold most of the power and authority. A matriarchal
society is a society in which women hold most of the power and authority.
In reality, most societies are not purely patriarchal or matriarchal. They may have elements
of both systems. For example, a society may be patriarchal in terms of property ownership, but
matriarchal in terms of childrearing.
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The terms patriarchal and matriarchal are often used in a negative way. People may use them to
describe societies that are oppressive or unfair to women. However, it is important to remember
that these terms can also be used to describe societies that are egalitarian and just.
Ultimately, the terms patriarchal and matriarchal are just descriptions of different family
structures. There is no right or wrong way to organize a family. The best way to organize a family
is the way that works best for the individual family members.
10) What is interim maintenance?

Interim maintenance is a type of financial support that is paid to one spouse by the other
spouse during the pendency of a divorce or legal separation case. It is intended to provide for the
basic needs of the spouse who is seeking maintenance, such as food, shelter, clothing, and medical
care.
Interim maintenance can be ordered by a court or agreed upon by the spouses themselves.
If the court orders interim maintenance, it will typically be based on a number of factors, such as
the spouses' incomes, assets, and expenses, as well as the length of the marriage.
The amount of interim maintenance can vary depending on the specific circumstances of each
case. However, it is typically less than the amount of permanent maintenance that would be
awarded after the divorce is finalized.
Interim maintenance can be a valuable source of financial support for a spouse who is
struggling to make ends meet during a divorce or legal separation. It can help to ensure that the
spouse has the basic necessities of life and can focus on the legal proceedings without having to
worry about money.
Here are some of the key things to keep in mind about interim maintenance:
1. It is temporary. Interim maintenance is only intended to provide financial support for a
spouse during the pendency of the case. It is not intended to be a permanent solution.
2. It is based on need. The amount of interim maintenance that is awarded will be based on
the needs of the spouse who is seeking maintenance, as well as the ability of the other
spouse to pay.
3. It can be modified. The amount of interim maintenance can be modified by the court if the
circumstances of the case change.
4. It can be terminated. Interim maintenance can be terminated by the court if the case is
settled or if the divorce is finalized.
If you are considering seeking interim maintenance, it is important to speak to an attorney to
discuss your specific circumstances. An attorney can help you understand your rights and options
and can represent you in court if necessary.
Q. 2 Short Note on Any four

1) Maintenance
Maintenance under divorce is a type of financial support that is paid by one spouse to the
other spouse after the divorce is finalized. It is intended to help the spouse who is receiving
maintenance meet their basic needs, such as food, shelter, clothing, and medical care.
Maintenance can be ordered by a court or agreed upon by the spouses themselves. If the
court orders maintenance, it will typically be based on a number of factors, such as the spouses'
incomes, assets, and expenses, as well as the length of the marriage.
The amount of maintenance can vary depending on the specific circumstances of each case.
However, it is typically less than the amount of interim maintenance that would be awarded
during the pendency of the divorce case.
Maintenance can be a valuable source of financial support for a spouse who is struggling to
make ends meet after a divorce. It can help to ensure that the spouse has the basic necessities of
life and can focus on rebuilding their life.
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Here are some of the key things to keep in mind about maintenance under divorce:
1. It is not alimony. Alimony is a type of financial support that is paid by one spouse to the
other spouse for a specified period of time. Maintenance, on the other hand, is a type of
financial support that is paid on a long-term basis.
2. It is based on need. The amount of maintenance that is awarded will be based on the needs
of the spouse who is receiving maintenance, as well as the ability of the other spouse to
pay.
3. It can be modified. The amount of maintenance can be modified by the court if the
circumstances of the case change.
4. It can be terminated. Maintenance can be terminated by the court if the spouse who is
receiving maintenance remarries or cohabitates with another person.
If you are considering seeking maintenance under divorce, it is important to speak to an attorney
to discuss your specific circumstances. An attorney can help you understand your rights and
options and can represent you in court if necessary.
Here are some of the factors that the court will consider when deciding whether to award
maintenance and how much to award:
1. The income and assets of both spouses.
2. The needs of the spouse who is seeking maintenance.
3. The ability of the other spouse to pay.
4. The length of the marriage.
5. The age and health of both spouses.
6. The earning capacity of both spouses.
7. The standard of living that the spouses enjoyed during the marriage.
8. The conduct of both spouses during the marriage.
9. Whether the spouse who is seeking maintenance has contributed to the marriage.
The court will also consider the following factors when deciding whether to terminate
maintenance:
1. The remarriage or cohabitation of the spouse who is receiving maintenance.
2. The change in the circumstances of either spouse.
3. The ability of the spouse who is receiving maintenance to support themselves.
If you are seeking maintenance under divorce, it is important to be prepared to provide evidence
to support your claim. This evidence may include financial statements, tax returns, and
documentation of your needs. You should also be prepared to explain why you need maintenance
and how much you need.
The process of seeking maintenance under divorce can be complex and time-consuming. It
is important to speak to an attorney to discuss your specific circumstances and to get help
navigating the legal process.
2) Natural Guardian
A natural guardian is a person who is legally responsible for the care and upbringing of a
minor child. In India, the natural guardians of a minor child are the child's parents. If the parents
are not available, then the natural guardians are the child's grandparents, aunts, uncles, or other
relatives.
The Hindu Minority and Guardianship Act, 1956 defines a natural guardian as follows:
"Natural guardian" means, in the case of a Hindu, the father, mother, or other person having the
care of the person of the minor, or, if there is no such person, the guardian appointed by the court.
The natural guardian has the right to make decisions about the child's education, medical care,
and other matters relating to the child's welfare. The natural guardian also has the right to
custody of the child.
If the natural guardians are not available or are unfit to be guardians, then the court can
appoint a guardian for the child. The court will consider a number of factors when appointing a
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guardian, such as the wishes of the child, the relationship between the child and the proposed
guardian, and the best interests of the child.
The natural guardian has a number of responsibilities, including:
1. Providing for the child's physical and emotional needs.
2. Educating the child.
3. Making decisions about the child's medical care.
4. Providing for the child's spiritual needs.
5. Protecting the child from harm.
6. The natural guardian also has a number of rights, including:
7. The right to custody of the child.
8. The right to make decisions about the child's upbringing.
9. The right to receive financial support from the child's parents.
The natural guardianship of a minor child is an important responsibility. The natural guardian
must act in the best interests of the child and provide for the child's physical, emotional, and
spiritual needs.
3) Jurisdiction of Family court

The jurisdiction of a family court refers to the types of cases that it can hear and decide.
The jurisdiction of family courts in India is governed by the Family Courts Act, 1984.
The Family Courts Act, 1984 gives family courts jurisdiction over the following types of cases:
1. Matrimonial cases: These include cases relating to divorce, judicial separation, restitution
of conjugal rights, and nullity of marriage.
2. Cases relating to children: These include cases relating to custody of children,
maintenance of children, and adoption of children.
3. Cases relating to property of the family: These include cases relating to the partition of
property, the settlement of disputes over property, and the grant of maintenance to a
spouse or child out of the property of the family.
4. Cases relating to guardianship of the person or property of a minor: These include
cases relating to the appointment of a guardian for a minor, the removal of a guardian, and
the settlement of disputes between guardians.
In addition to the cases mentioned above, family courts may also have jurisdiction over other
cases that are related to family law, such as cases of domestic violence and child abuse.
The jurisdiction of a family court is limited to the area in which it is located. This means that a
family court cannot hear cases that arise outside of its jurisdiction.
The family court is a specialized court that is designed to deal with the complex issues that
arise in family law cases. The judges of family courts are usually experienced in family law and are
familiar with the relevant laws and procedures. This makes them well-equipped to handle the
sensitive and emotional cases that often come before them.
If you are involved in a family law case, it is important to consult with an attorney who is
familiar with the jurisdiction of family courts in your area. An attorney can help you to understand
your rights and options and can represent you in court if necessary.
4) Essentials of a valid Hindu marriage

The Hindu Marriage Act, 1955 (HMA) governs the essentials of a valid Hindu marriage in
India. The essentials of a valid Hindu marriage are as follows:
1. Free consent of the parties: Both parties to the marriage must give their free and
informed consent to the marriage. This means that they must be of sound mind and body
and must not be forced or coerced into the marriage.
2. Proper age: The minimum age for marriage for a male is 21 years and for a female is 18
years.
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3. Monogamy: A Hindu marriage can only be between two people. Polygamy is not allowed
under the HMA.
4. No prohibited relationship: The parties to the marriage must not be related to each other
in any of the prohibited degrees of relationship. These degrees of relationship are listed in
the HMA.
5. Solemnization in accordance with law: The marriage must be solemnized in accordance
with the rites and ceremonies of the Hindu religion. The HMA recognizes three forms of
Hindu marriages: Saptapadi, Pandit Marriage, and Civil Marriage.
If a marriage does not meet any of these essentials, it is considered to be invalid.

Here are some of the consequences of an invalid Hindu marriage:
1. The parties to the marriage are not considered to be husband and wife.
2. They are not entitled to the benefits of a valid marriage, such as inheritance rights,
maintenance, and succession.
3. The children of an invalid marriage are considered to be illegitimate.
If you are considering getting married, it is important to consult with an attorney to ensure that
your marriage is valid. An attorney can help you understand the law and can represent you in
court if necessary.
5) Schools of Hindu Law

The two main schools of Hindu law are the Mitakshara and Dayabhaga.
1. Mitakshara: The Mitakshara school is the most widely followed school of Hindu law in
India. It is based on the commentaries of Vijnaneshwara on the Vishnu Smriti and the
Yajnavalkya Smriti. The Mitakshara school follows the principle of primogeniture, which
means that the property of a Hindu male is inherited by his eldest son.
2. Dayabhaga: The Dayabhaga school is followed in Bengal and Assam. It is based on the
commentaries of Jimutavahana on the Vishnu Smriti. The Dayabhaga school follows the
principle of equal inheritance, which means that the property of a Hindu male is divided
equally among his sons.
In addition to the Mitakshara and Dayabhaga schools, there are a number of other schools of
Hindu law, such as the Saraswat, Mithila, and Dravida schools. These schools are followed in
different parts of India and have their own unique set of rules and regulations.
The Hindu law is a complex and evolving system. It is based on a variety of sources,
including the Vedas, the Smritis, the Puranas, and the commentaries of learned scholars. The law
is interpreted and applied by the courts in accordance with the specific facts of each case.
The Hindu law is important for the Hindus because it governs their personal and property
relations. It also provides a framework for resolving disputes and ensuring justice.
6) Sapinda Relationships
Sapinda relationships in Hindu law are those that are based on the offering of pinda, or rice
balls, to the deceased ancestors. The term sapinda comes from the Sanskrit word "sapinda", which
means "one who offers pinda".
Sapinda relationships are determined by the following factors:
1. Lineage: Sapinda relationships are traced through the male line. This means that only
people who are related to each other through their fathers are considered to be sapindas.
2. Degree of kinship: The degree of kinship is determined by the number of generations that
separate two people. For example, a person's children and grandchildren are their
sapindas, but their great-grandchildren are not.
3. Sex: Sapinda relationships are not affected by sex. This means that both men and women
are considered to be sapindas of each other.
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The Hindu law prohibits marriage between sapindas. This is because it is believed that such
marriages would pollute the ancestors.
The concept of sapinda relationships is based on the belief in the transmigration of souls. It
is believed that the souls of the deceased ancestors continue to exist and that they can be
appeased by the offering of pinda. By offering pinda to their ancestors, the living can ensure that
their ancestors are happy and that they will not cause them any harm.
The concept of sapinda relationships is a complex one and there are a number of different
interpretations of it. However, it is an important concept in Hindu law and it has a significant
impact on the lives of Hindus.
Q.3 Solve (any two) of the following:
1) 'A' and 'B' are married under the Hindu Marriage Act. After having as in, the wife
converts to Christianity.
i) Can the wife obtain a divorce on the grounds of her conversion under Hindu Marriage
Act? Explain
ii) Can the couple seek on divorce by Mutual Consent? Explain.
i) Can the wife obtain a divorce on the grounds of her conversion under Hindu Marriage
Act? Explain
No, the wife cannot obtain a divorce on the grounds of her conversion under the Hindu Marriage
Act, 1955. The Act does not recognize conversion as a ground for divorce.
The only grounds for divorce under the Hindu Marriage Act are:
1. Adultery: This is when one spouse has sexual relations with someone other than their
spouse.
2. Desertion: This is when one spouse leaves the other spouse without any reasonable cause
and without the other spouse's consent and does not return for a continuous period of at
least two years.
3. Unsoundness of mind: This is when one spouse is of unsound mind and has been
continuously under treatment for a period of at least two years and is unlikely to recover.
4. Irretrievable breakdown of marriage: This is when the marriage has broken down
irretrievably and there is no possibility of the spouses being able to live together again.
The wife can, however, seek a divorce on the grounds of conversion if she can prove that her
conversion was due to the cruelty of her husband. This is because cruelty is a ground for divorce
under the Hindu Marriage Act.
ii) Can the couple seek on divorce by Mutual Consent? Explain.

Yes, the couple can seek a divorce by mutual consent under the Hindu Marriage Act, 1955. This is
a relatively new ground for divorce that was introduced in the Act in 2001.
To obtain a divorce by mutual consent, the couple must file a petition in the court and must state
that they have been living separately for a continuous period of at least one year and that they
have mutually agreed to dissolve their marriage. The court will then grant the divorce if it is
satisfied that the couple has genuinely and mutually consented to the divorce.
The divorce by mutual consent is a relatively quick and easy way to dissolve a marriage.
However, it is important to note that the couple must be willing to compromise and must be able
to agree on all the terms of the divorce, such as the division of assets and the custody of children.
2) "A" and "B" who were friends die in an accident 'A' is survived by his Wife, father, son
and daughter. "B' is survived by his father and mother.
i) How will 'A's' property devolve?
ii) How will 'B's' property devolve?
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i) How will 'A's' property devolve?

The property of A will devolve in accordance with the Hindu Succession Act, 1956. The Act
provides that the property of a Hindu male will be inherited by his heirs in the following order:
1. His wife: The wife is the first heir of a Hindu male. She is entitled to a share of one-fourth
of the property.
2. His children: The children are the next heirs. They are entitled to share the property
equally, regardless of their gender.
3. His father: The father is the next heir. He is entitled to a share of one-fourth of the
property if there are no children.
4. His mother: The mother is the next heir. She is entitled to a share of one-eighth of the
property if there are no children.
5. His other heirs: If there are no surviving heirs in the first four categories, the property will
devolve to the other heirs of the deceased in accordance with the customary law of the
community to which he belonged.
In the case of A, his property will be inherited by his wife, father, son, and daughter. His wife will
be entitled to a share of one-fourth of the property. His son and daughter will be entitled to share
the remaining three-fourths of the property equally.
ii) How will 'B's' property devolve?

The property of B will devolve in accordance with the Hindu Succession Act, 1956. The Act
provides that the property of a Hindu male will be inherited by his heirs in the following order:
1. His father: The father is the first heir of a Hindu male. He is entitled to the entire property
if there are no other heirs.
2. His mother: The mother is the next heir. She is entitled to a share of one-half of the
property if there are no other heirs.
3. His other heirs: If there are no surviving heirs in the first two categories, the property will
devolve to the other heirs of the deceased in accordance with the customary law of the
community to which he belonged.
In the case of B, his property will be inherited by his father. His mother will not be entitled to any
share of the property because she has a living son.
3) 'A' and 'B' both Hindu girls are friends. 'A' a 25-year old unmarried girl wants to adopt a
five-year old boy. 'B' who is 27 years of age wants to adopt a girl of 3 years.
i) Can 'A' adopt the boy? Why?
ii) Can 'B' adopt the girl? Why?
i) Can 'A' adopt the boy? Why?

Yes, A can adopt the boy. The Hindu Adoption and Maintenance Act, 1956 (HAMA) allows
an unmarried woman to adopt a child, regardless of the gender of the child.
The HAMA also provides that the adoptive parents must be at least 21 years old and must
be able to provide for the physical, mental, and emotional needs of the child. In the case of A, she is
25 years old and is financially stable. She is also mentally and emotionally capable of taking care of
a child.
ii) Can 'B' adopt the girl? Why?

Yes, B can adopt the girl. The HAMA allows an unmarried woman to adopt a child, regardless of
the gender of the child.
The HAMA also provides that the adoptive parents must be at least 21 years old and must be able
to provide for the physical, mental, and emotional needs of the child. In the case of B, she is 27
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years old and is financially stable. She is also mentally and emotionally capable of taking care of a
child.
However, it is important to note that the adoption of a child is a complex process and there
are a number of factors that the court will consider before granting an adoption order. These
factors include the age and health of the child, the financial resources of the adoptive parents, and
the suitability of the adoptive parents to raise the child.
If A and B are interested in adopting a child, they should consult with an adoption agency
or lawyer to learn more about the adoption process and to get help in finding a child who is a good
match for them.
Q.4 Answer any four:
1) What are the rights and duties of coparceners? Explain can a daughter b copacenor
under Hindu Succession Act 1956?
Here are the rights and duties of coparceners:
Rights of coparceners:
1. Right to share in the property: The coparceners have the right to share in the property of
the coparcenary. This right is equal for all coparceners, regardless of their gender.
2. Right to manage the property: The coparceners have the right to manage the property of
the coparcenary. This right is also equal for all coparceners.
3. Right to alienate the property: The coparceners have the right to alienate the property of
the coparcenary. However, this right is subject to certain restrictions. For example, a
coparcener cannot alienate the property without the consent of the other coparceners.
4. Right to claim partition: The coparceners have the right to claim partition of the property
of the coparcenary. This means that they can ask for the property to be divided into equal
shares.
Duties of coparceners:
1. Duty to contribute to the expenses of the family: The coparceners have a duty to
contribute to the expenses of the family. This includes expenses such as food, clothing, and
education.
2. Duty to maintain the property: The coparceners have a duty to maintain the property of
the coparcenary. This includes paying taxes, repairs, and other expenses.
3. Duty to act in good faith: The coparceners have a duty to act in good faith towards each
other. This means that they should not do anything that would harm the interests of the
other coparceners.
Yes, a daughter can be a coparcener under the Hindu Succession Act, 1956. The Act amended the
Mitakshara law of inheritance and gave daughters the same rights as sons in the ancestral
property. This means that a daughter is now a coparcener from the moment of her birth and has
the same rights as her brothers to share in the property of her father.
The Hindu Succession Act, 1956 is a landmark piece of legislation that has revolutionized
the law of inheritance in India. It has brought about gender equality in the matter of inheritance
and has given daughters the same rights as sons. This is a significant step towards ensuring the
equal rights of women in India.
2) Discuss Cruelty as a ground for divorce under the Hindu Marriage Act.
Here is a discussion of cruelty as a ground for divorce under the Hindu Marriage Act, 1955:
Cruelty is a ground for divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955. It is
defined as "any wilful conduct which is such as is likely to cause grave injury or danger to life, limb
or health (whether mental or physical) of the other party or of any child of the parties."
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The following are some examples of acts that may constitute cruelty:
1. Physical abuse, such as hitting, kicking, or slapping.
2. Verbal abuse, such as name-calling, insults, or threats.
3. Emotional abuse, such as isolation, controlling behavior, or threats to take away children.
4. Sexual abuse, such as forced sex or unwanted touching.
5. Economic abuse, such as withholding money or preventing the other spouse from working.
To prove cruelty, the spouse seeking the divorce must show that the other spouse's conduct has
caused them serious injury or danger to their life, limb, or health. The conduct must also be wilful,
meaning that it was done intentionally or with the knowledge that it would cause harm.
The court will also consider the following factors when deciding whether to grant a divorce
on the grounds of cruelty:
1. The nature and extent of the conduct.
2. The duration of the conduct.
3. The effect of the conduct on the spouse seeking the divorce.
4. The possibility of reconciliation.
If the court is satisfied that the spouse seeking the divorce has been subjected to cruelty, it will
grant the divorce.
It is important to note that cruelty is a serious ground for divorce and should not be taken
lightly. If you are considering seeking a divorce on the grounds of cruelty, you should speak to an
attorney to discuss your options.
Here are some additional things to keep in mind about cruelty as a ground for divorce:
1. The cruelty must be proven by the spouse seeking the divorce.
2. The cruelty must be established by a preponderance of the evidence, which means that it is
more likely than not that the cruelty occurred.
3. The cruelty must have occurred after the marriage was solemnized.
4. The cruelty must not have been condoned by the spouse seeking the divorce.
If you are considering seeking a divorce on the grounds of cruelty, it is important to speak to an
attorney to discuss your options and to get help in gathering evidence to support your claim.
3) Elucidate the object of Adoption and capacity male Hindu to take an adoption under
Hindu Law.
Here is an elucidation of the object of adoption and the capacity of a male Hindu to take an
adoption under Hindu law:
The object of adoption under Hindu law is to provide a child to a person who is unable to
have a child of their own. Adoption is also seen as a way to continue the family line and to ensure
that the adopted child is taken care of and loved.
The capacity of a male Hindu to take an adoption under Hindu law is governed by the
Hindu Adoption and Maintenance Act, 1956 (HAMA). The HAMA provides that a male Hindu can
adopt a child if he is:
1. of sound mind and body.
2. At least 21 years old.
3. Not a minor.
4. Not married.
5. Not a person who has been disqualified from adopting a child by a court order.
The HAMA also provides that a male Hindu can adopt a child of any gender. However, there are
some restrictions on who can be adopted. For example, a male Hindu cannot adopt his own child
or the child of his wife.
If a male Hindu meets the requirements of the HAMA, he can adopt a child by making an
application to the court. The court will consider the application and may grant the adoption if it is
satisfied that the adoption is in the best interests of the child.
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Here are some additional things to keep in mind about the capacity of a male Hindu to take
an adoption under Hindu law:
1. The male Hindu must be able to provide for the physical, mental, and emotional needs of
the adopted child.
2. The male Hindu must be willing to take on the responsibilities of parenthood.
3. The male Hindu must be able to give the adopted child the same love and care as he would
give to a biological child.
If you are considering adopting a child, it is important to speak to an attorney to discuss your
options and to get help in making the adoption process as smooth as possible.
4) Discuss in detail "Guardianship" under Hindu Minority and Guardianship Act.

Here is a discussion of guardianship under the Hindu Minority and Guardianship Act, 1956
(HMGA):
The Hindu Minority and Guardianship Act, 1956 (HMGA) is a law that governs the
guardianship of minors under Hindu law. The HMGA defines a minor as a person who has not
attained the age of 18 years.
The HMGA provides for three types of guardians:
1. Natural guardians: Natural guardians are the parents of the minor. If the parents are both
alive, they are the joint natural guardians of the minor. If one of the parents is dead, the
surviving parent is the sole natural guardian of the minor.
2. Testamentary guardians: Testamentary guardians are appointed by the father or mother
of the minor in their will. The will must be executed in accordance with the law of
succession.
3. Appointed guardians: Appointed guardians are appointed by the court if there are no
natural guardians or if the natural guardians are unfit to be guardians. The court will
appoint a guardian who it believes is in the best interests of the minor.
The HMGA also provides for the rights and duties of guardians. The guardians have the
right to:
1. Make decisions about the minor's education, medical care, and other matters relating to the
minor's welfare.
2. Represent the minor in legal matters.
3. Manage the minor's property.
4. The guardians also have the duty to:
5. Provide for the minor's physical, mental, and emotional needs.
6. Protect the minor from harm.
7. Ensure that the minor's property is managed in the best interests of the minor.
The HMGA also provides for the removal of guardians. The court may remove a guardian if it is
satisfied that the guardian is unfit to be a guardian. The court may also remove a guardian if it is in
the best interests of the minor.
If you are considering becoming a guardian of a minor, it is important to speak to an attorney to
discuss your options and to get help in understanding the responsibilities of guardianship.
Here are some additional things to keep in mind about guardianship under the HMGA:
1. The guardian must act in the best interests of the minor.
2. The guardian must not abuse their power as guardian.
3. The guardian must be accountable to the court for their actions as guardian.
If you are a guardian of a minor, it is important to be aware of your responsibilities and to act in
the best interests of the minor at all times.
5) Define the term Partition. Explain in detail the modes affecting partition
Here is a definition of the term partition and an explanation of the modes affecting partition:
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Partition is the division of property owned by two or more persons into separate shares. It can be
done voluntarily by agreement between the parties or by order of the court.
The modes affecting partition are the ways in which partition can be affected. They are:
1. Agreement: Partition can be affected by an agreement between the parties. The agreement
must be in writing and signed by all the parties.
2. Court order: Partition can also be affected by an order of the court. The court will order
partition if it is satisfied that it is in the best interests of the parties.
3. Operation of law: Partition can also be affected by the operation of law. This means that it
can happen automatically, without any action by the parties. For example, partition can
happen when a person dies and their property is inherited by their heirs.
The modes affecting partition can be divided into two main categories: voluntary partition and
compulsory partition.
Voluntary partition is where the parties agree to divide the property themselves. This is
the most common way of partitioning property.
Compulsory partition is where the court orders the partition of the property. This is
usually done when the parties are unable to agree on how to divide the property themselves.
The mode of partition that is used will depend on the circumstances of the case. If the
parties are able to agree on how to divide the property, they can do so voluntarily. However, if
they are unable to agree, the court may order compulsory partition.
Here are some additional things to keep in mind about partition:
1. Partition can be a complex and time-consuming process. It is important to get legal advice
if you are considering partitioning property.
2. The terms of the partition agreement or the court order will determine how the property is
divided. It is important to make sure that the terms are fair and equitable to all parties
involved.
3. Partition can have tax implications. It is important to consult with a tax advisor to
understand the tax consequences of partition.
6) Explain Void and Voidable Marriages and distinguish between them

Here is an explanation of void and voidable marriages and the distinction between them:
Void Marriage
A void marriage is a marriage that is considered to be no marriage at all. It is as if the
marriage never existed. A void marriage cannot be annulled or dissolved. It can only be declared
void by a court of law.
Voidable Marriage
A voidable marriage is a marriage that is valid on its face but can be annulled by one of the
parties. An annulment is a legal proceeding that declares a marriage void. A voidable marriage can
be annulled on the grounds of certain factors, such as:
1. Coercion: When one party is forced to marry against their will.
2. Unsoundness of mind: When one party is not of sound mind at the time of the marriage.
3. Bigamy: When one party is already married to another person at the time of the marriage.
4. Incest: When the parties are related to each other within the prohibited degrees of
relationship.
5. Fraud: When one party deceives the other party about a material fact, such as their
identity or their ability to have children.
The distinction between void and voidable marriages is that a void marriage is considered to be
no marriage at all, while a voidable marriage is a valid marriage that can be annulled by one of the
parties.
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Here is a table summarizing the key differences between void and voidable marriages:
Characteristic Void Marriage Voidable Marriage
Legal status No marriage Valid marriage
Annulment Not possible Possible
Specific grounds,
Grounds for annulment None such as fraud,
duress, or bigamy
Marriage is considered Marriage is

Effect of annulment
to have never existed dissolved
The End
**************
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Paper/Subject Code: 66812/ Family Law-II Date:-10/02/2023

1. Answer any SIX of the following in not more than two sentences:
1. Mention any two acts amounting to Glorification of Sati under the Commission of Sati
(Prevention) Act, 1987.
Here are two acts amounting to glorification of sati under the Commission of Sati
(Prevention) Act, 1987:
1. Participating in any ceremony or rite connected with sati, such as the immolation of the
widow or the offering of prayers for her soul.
2. Making any speech or writing that glorifies sati or that promotes the practice of sati.
3. The Commission of Sati (Prevention) Act, 1987 defines glorification of sati as:
4. "Any act or conduct which glorifies sati or promotes the practice of sati, whether directly or
indirectly."
The Act also prohibits the following acts:
1. Construction of a temple or other structure in the name of a sati.
2. Imposing any religious or social sanction on a person for not participating in a sati.
3. Giving any financial assistance to a person who commits sati or to the family of a person
who commits sati.
The Act also provides for punishment for the commission of any of the above acts. The
punishment for glorification of sati is imprisonment for a term of up to seven years and a fine of
up to fifty thousand rupees.
It is important to note that the Commission of Sati (Prevention) Act, 1987 is a very serious law.
Any person who is found guilty of violating the Act can face severe punishment.
Here are some additional things to keep in mind about the glorification of sati:
1. The glorification of sati is a form of violence against women. It is a way of denying women
their right to life and to choose their own path in life.
2. The glorification of sati also reinforces the idea that women are inferior to men and that
they should be subservient to their husbands.
3. It is important to challenge the glorification of sati and to promote the message that all
women are equal and that they have the right to live their lives free from violence and
discrimination.
If you see any act of glorification of sati, you should report it to the police immediately. You can
also report it to the National Commission for Women or to the National Human Rights
Commission.
2. What do you mean by Westernisation?

Westernization is the adoption of Western culture, customs, technology, or values by a
non-Western society. It is a complex and multifaceted process that can be influenced by a variety
of factors, such as colonialism, globalization, and the media.
There are many different ways to define Westernization. Some people define it as the
adoption of Western values, such as individualism, secularism, and democracy. Others define it as
the adoption of Western technology, such as computers and the internet. Still others define it as
the adoption of Western customs, such as dressing in Western clothes or eating Western food.
There is no one-size-fits-all definition of Westernization. The process of Westernization can
vary from country to country and from culture to culture. However, there are some common
trends that can be observed.
One common trend is the adoption of Western technology. This is due to the fact that
Western technology is often seen as being more efficient and advanced than traditional
technology. For example, many developing countries have adopted Western technology in the
form of computers, the internet, and mobile phones.
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Another common trend is the adoption of Western values. This is often due to the influence
of colonialism and globalization. For example, many developing countries have adopted Western
values such as individualism and democracy.
The adoption of Westernization can have both positive and negative consequences. On the
one hand, it can lead to economic development and social progress. On the other hand, it can also
lead to the erosion of traditional cultures and values.
The impact of Westernization is a complex and controversial issue. There is no easy answer
to the question of whether Westernization is good or bad. Ultimately, the impact of
Westernization will depend on the specific circumstances of each country or culture.
3. What is the object of the Family Courts Act, 1984?

The Family Courts Act, 1984 was enacted with the following objectives:
1. To provide for the speedy settlement of disputes relating to marriage and family affairs.
2. To promote conciliation and settlement of disputes between the parties.
3. To provide for the welfare of children involved in family disputes.
4. To provide for the appointment of family courts and the procedure to be followed by them.
The Family Courts Act, 1984 applies to all matters relating to marriage and family affairs,
including:
1. Divorce
2. Custody of children
3. Maintenance of spouses and children
4. Adoption
5. Dowry
6. Property disputes
7. Any other matter relating to marriage and family affairs
The Family Courts Act, 1984 has been implemented in all states and union territories of India.
The Act has established family courts in all major cities and towns. The family courts are presided
over by a single judge, who is usually a qualified lawyer.
The Family Courts Act, 1984 has been hailed as a progressive piece of legislation that has
helped to improve the lives of women and children. The Act has helped to reduce the backlog of
cases in the regular courts and has provided for a more sensitive and child-friendly approach to
family disputes.
The Act has also helped to promote conciliation and settlement of disputes between the
parties. The family courts are required to make every effort to bring about a settlement between
the parties before resorting to a trial. The Act also provides for the appointment of a family
welfare officer to assist the court in the settlement of disputes.
The Family Courts Act, 1984 is a landmark piece of legislation that has had a positive
impact on the lives of millions of people in India. The Act has helped to promote the speedy
settlement of disputes relating to marriage and family affairs, and it has also helped to protect the
rights of women and children.
4. When does a person become disqualified to act as a Natural Guardian under Hindu
Minority and Guardianship Act, 1956?
A person may be disqualified to be a natural guardian of a minor under the Hindu Minority
and Guardianship Act, 1956, in the following cases:
1. If the person has been found to be of unsound mind: A person who has been found to
be of unsound mind by a court of law is disqualified to be a natural guardian. This is
because a person of unsound mind is not considered to be capable of making sound
decisions about the welfare of a minor.
2. If the person has been convicted of an offence involving moral turpitude: An offence
involving moral turpitude is an offence that is considered to be contrary to good moral
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principles. A person who has been convicted of such an offence is disqualified to be a

natural guardian. This is because a person who has been convicted of an offence involving
moral turpitude is considered to be unfit to be responsible for the welfare of a minor.
3. If the person has renounced the world by becoming a hermit (vanaprastha) or an
ascetic (sanyasi): A person who has renounced the world by becoming a hermit or an
ascetic is disqualified to be a natural guardian. This is because a person who has renounced
the world is considered to have withdrawn from society and is therefore not considered to
be capable of taking care of the needs of a minor.
4. If the person has abandoned the minor: A person who has abandoned the minor is
disqualified to be a natural guardian. This is because a person who has abandoned the
minor is considered to have forfeited their right to guardianship.
5. If the person has been removed from the position of guardian by a court of law: A
person who has been removed from the position of guardian by a court of law is
disqualified to be a natural guardian. This is because a court of law will only remove a
person from the position of guardian if they have been found to be unfit to be a guardian.
It is important to note that these are just some of the cases in which a person may be disqualified
to be a natural guardian. The specific provisions of the Hindu Minority and Guardianship Act, 1956
may vary depending on the state in which the minor is located.
5. When a Hindu wife is disqualified to claim maintenance from her husband under Hindu
Adoption and Maintenance Act, 1956?
A Hindu wife is disqualified to claim maintenance from her husband under the Hindu
Adoption and Maintenance Act, 1956, in the following cases:
1. If she has remarried: A Hindu wife who has remarried is disqualified to claim
maintenance from her former husband. This is because a Hindu wife is considered to be the
wife of her current husband and is therefore not entitled to maintenance from her former
husband.
2. If she has been divorced by her husband on the ground of adultery: A Hindu wife who
has been divorced by her husband on the ground of adultery is disqualified to claim
maintenance from her husband. This is because a Hindu wife who has been divorced on the
ground of adultery is considered to have forfeited her right to maintenance from her
husband.
3. If she has been living separately from her husband for a period of two years or more
without any reasonable cause: A Hindu wife who has been living separately from her
husband for a period of two years or more without any reasonable cause is disqualified to
claim maintenance from her husband. This is because a Hindu wife who has been living
separately for a period of two years or more is considered to have waived her right to
maintenance from her husband.
4. If she has refused to live with her husband without any reasonable cause: A Hindu
wife who has refused to live with her husband without any reasonable cause is disqualified
to claim maintenance from her husband. This is because a Hindu wife who has refused to
live with her husband is considered to have waived her right to maintenance from her
husband.
5. If she has been convicted of an offence involving moral turpitude: An offence involving
moral turpitude is an offence that is considered to be contrary to good moral principles. A
Hindu wife who has been convicted of such an offence is disqualified to claim maintenance
from her husband. This is because a Hindu wife who has been convicted of an offence
involving moral turpitude is considered to be unfit to be maintained by her husband.
It is important to note that these are just some of the cases in which a Hindu wife may be
disqualified to claim maintenance from her husband. The specific provisions of the Hindu
Adoption and Maintenance Act, 1956 may vary depending on the state in which the wife is located.
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However, there are some exceptions to these disqualifications. For example, a Hindu wife who has
remarried may still be entitled to maintenance from her former husband if she can prove that she
was forced to remarry or that her former husband has not been able to maintain her.
If you are a Hindu wife who is considering claiming maintenance from your husband, you
should speak to an attorney to discuss your options. An attorney can help you to determine
whether you are entitled to maintenance and can represent you in court if you decide to file a
claim for maintenance.
6. What do you understand by Unobstructed Heritage?

Unobstructed heritage or Apratibandha Daya is a concept in Hindu law that refers to the
right of a person to inherit property from their ancestors without any obstruction. This right is
based on the principle that property should be passed down from generation to generation
without any interference from outsiders.
The concept of unobstructed heritage is enshrined in the Hindu Succession Act, 1956. The
Act provides that a person is entitled to inherit property from their ancestors, regardless of their
gender. This is a significant departure from the previous law, which only allowed male heirs to
inherit property.
The concept of unobstructed heritage is important because it ensures that property is
passed down to the rightful heirs. It also helps to preserve family assets and to promote social
stability.
The concept of unobstructed heritage is not without its critics. Some people argue that it
can lead to the concentration of wealth in a few families. Others argue that it can be unfair to those
who are not related to the original owners of the property.
Despite these criticisms, the concept of unobstructed heritage remains an important
principle in Hindu law. It is a reflection of the Hindu belief in the importance of family and lineage.
7. What is the difference between Patriarchal and Matriarchal Family?

A patriarchal family is a family in which the father is the head of the household and has
authority over the other members of the family. The mother is usually subordinate to the father
and her role is to take care of the household and children.
A matriarchal family is a family in which the mother is the head of the household and has
authority over the other members of the family. The father is usually subordinate to the mother
and his role is to provide for the family financially.
Here are some of the key differences between patriarchal and matriarchal families:
1. Power and decision-making: In a patriarchal family, the father has the ultimate power
and decision-making authority. In a matriarchal family, the mother has the ultimate power
and decision-making authority.
2. Inheritance: In a patriarchal family, property is usually inherited by the sons. In a
matriarchal family, property is usually inherited by the daughters.
3. Roles and responsibilities: In a patriarchal family, the father is usually the breadwinner
and the mother is usually the caregiver. In a matriarchal family, the mother is usually the
breadwinner and the father is usually the caregiver.
4. Socialization: In a patriarchal family, children are socialized to believe that men are
superior to women. In a matriarchal family, children are socialized to believe that women
are equal to men.
It is important to note that these are just generalizations and that there is a great deal of variation
within both patriarchal and matriarchal families. There are also many families that do not fit
neatly into either category.
The terms "patriarchal" and "matriarchal" are often used to describe the social structure of
a society as a whole. However, it is important to remember that these terms can also be used to
describe the structure of individual families.
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8. What is Escheat?
Escheat is a legal term that refers to the reversion of property to the state or government
when there are no heirs or beneficiaries. The term is derived from the Latin word "escaecare,"
which means "to fall back."
Escheat is a common law doctrine that has been adopted by many countries. It is based on
the principle that property should not be allowed to go to waste. When a person dies without a
will or with a will that does not dispose of all of their property, the property escheats to the state.
There are a few exceptions to the escheat rule. For example, property may not escheat if it is held
in trust or if it is subject to a valid will.
The escheat process varies from country to country. In some countries, the state will take
possession of the property immediately after the death of the owner. In other countries, the
property will be held by a court or other government agency until the heirs or beneficiaries are
identified.
The escheat process can be complex and time-consuming. If you are concerned about the
possibility of your property escheating, you should speak to an attorney to discuss your options.
Here are some examples of when escheat may occur:
1. When a person dies without a will.
2. When a person's will is invalid.
3. When a person's heirs are unknown or cannot be found.
4. When a person's heirs are unwilling or unable to accept the property.
5. When a person's property is abandoned.
Escheat can be a complex legal issue, so it is important to speak to an attorney if you have any
questions.
9. Mention any two rights of a coparcener.

Here are two rights of a coparcener:
1. Right to share in the property: A coparcener has the right to share in the property of the
coparcenary. This right is irrespective of whether the coparcener is a male or female. The
Hindu Succession Act, 1956, provides that all coparceners, whether male or female, are
entitled to an equal share in the property of the coparcenary.
2. Right to demand partition: A coparcener has the right to demand partition of the
property of the coparcenary. This means that the coparcener can ask for the property to be
divided into separate shares for each coparcener. The Hindu Succession Act, 1956,
provides that a coparcener can demand partition of the property at any time after they
have attained the age of 18 years.
Here are some other rights of a coparcener:
1. Right to vote in the affairs of the coparcenary.
2. Right to manage the property of the coparcenary.
3. Right to receive income from the property of the coparcenary.
4. Right to sue and be sued in respect of the property of the coparcenary.
The rights of a coparcener are subject to certain limitations. For example, a coparcener cannot sell
or mortgage the property of the coparcenary without the consent of the other coparceners.
If you are a coparcener, it is important to be aware of your rights and responsibilities. You should
speak to an attorney if you have any questions about your rights or if you are considering taking
any action in relation to the property of the coparcenary.
10. State any two disqualifications to Succession of Property, under the Hindu Succession
Act, 1956?
Here are two disqualifications to succession of property under the Hindu Succession Act, 1956:
1. A person who has been found to be of unsound mind: A person who has been found to
be of unsound mind by a court of law is disqualified from inheriting property. This is
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because a person of unsound mind is not considered to be capable of managing their own
affairs, including their property.
2. A person who has been convicted of an offence involving moral turpitude: An offence
involving moral turpitude is an offence that is considered to be contrary to good moral
principles. A person who has been convicted of such an offence is disqualified from
inheriting property. This is because a person who has been convicted of an offence
involving moral turpitude is considered to be unfit to inherit property.
Here are some other disqualifications to succession of property under the Hindu
Succession Act, 1956:
1. A person who has renounced the world by becoming a hermit (vanaprastha) or an
ascetic (sanyasi): A person who has renounced the world by becoming a hermit or an
ascetic is disqualified from inheriting property. This is because a person who has
renounced the world is considered to have withdrawn from society and is therefore not
considered to be capable of taking care of property.
2. A person who has abandoned the property: A person who has abandoned the property
is disqualified from inheriting property. This is because a person who has abandoned the
property is considered to have forfeited their right to inherit the property.
3. A person who has been removed from the position of heir by a court of law: A person
who has been removed from the position of heir by a court of law is disqualified from
inheriting property. This is because a court of law will only remove a person from the
position of heir if they have been found to be unfit to inherit the property.
It is important to note that these are just some of the disqualifications to succession of property
under the Hindu Succession Act, 1956. The specific provisions of the Act may vary depending on
the state in which the property is located.
If you are considering inheriting property under the Hindu Succession Act, 1956, it is
important to speak to an attorney to discuss your options. An attorney can help you to determine
whether you are disqualified from inheriting property and can represent you in court if you are
challenged.
2. Write short notes on any TWO of the following

1. Existing Legislative Provisions as to Settlement of Spousal Property
Here are some of the existing legislative provisions as to the settlement of spousal property in
India:
1. The Hindu Marriage Act, 1955: This Act provides for the settlement of spousal property
in the event of divorce or death. Under the Act, a court may order the division of property
between the spouses in a divorce case, or may order that the property be inherited by the
surviving spouse in the event of death.
2. The Hindu Succession Act, 1956: This Act governs the inheritance of property by Hindus.
Under the Act, a spouse is entitled to inherit property from their deceased spouse,
regardless of whether they are male or female.
3. The Indian Succession Act, 1925: This Act governs the inheritance of property by non-
Hindus. Under the Act, a spouse is entitled to inherit property from their deceased spouse,
but only if they are married under the Act.
4. The Family Courts Act, 1984: This Act establishes family courts in India. Family courts
are specialized courts that deal with matters relating to marriage, divorce, and family
property.
The specific provisions of these Acts may vary depending on the state in which the property is
located. It is important to speak to an attorney to discuss your specific situation and to get legal
advice on the settlement of spousal property.
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Here are some of the key points to keep in mind about the settlement of spousal property
in India:
1. The settlement of spousal property can be complex and time-consuming. It is important to
get legal advice to ensure that your rights are protected.
2. The settlement of spousal property may be affected by a number of factors, including the
laws of the state in which the property is located, the terms of any prenuptial agreement,
and the circumstances of the divorce or death.
3. There are a number of different ways to settle spousal property, including through
negotiation, mediation, or litigation. The best approach will depend on the specific
circumstances of the case.
4. If you are considering settling spousal property, it is important to speak to an attorney to
discuss your options and to get legal advice.
2. Need for Uniform Civil Code

The Uniform Civil Code (UCC) is a proposed code that would govern all personal matters of
citizens, such as marriage, divorce, inheritance, and adoption. It is one of the Directive Principles
of State Policy mentioned in the Constitution of India and has been under discussion for many
years.
There are a number of arguments in favor of a UCC. One argument is that it would promote
gender equality. Currently, different personal laws discriminate against women in matters such as
marriage, divorce, and inheritance. A UCC would ensure that all citizens, regardless of their
religion, are treated equally under the law.
Another argument in favor of a UCC is that it would promote national integration.
Currently, different personal laws can lead to conflict and confusion. A UCC would create a single
set of laws for all citizens, which would help to promote national unity.
However, there are also a number of arguments against a UCC. One argument is that it
would violate the right to freedom of religion. Under Article 25 of the Constitution, all citizens
have the right to practice their religion freely. A UCC would impose a single set of laws on all
citizens, regardless of their religion. This could be seen as a violation of the right to freedom of
religion.
Another argument against a UCC is that it would be difficult to implement. There are a
number of different personal laws in India, and it would be difficult to reconcile these laws into a
single code. This could lead to confusion and uncertainty.
The debate over the UCC is likely to continue for many years to come. There are strong
arguments on both sides of the issue. Ultimately, it is up to the Indian government to decide
whether or not to implement a UCC.
Here are some of the key benefits of a Uniform Civil Code:
1. It would promote gender equality.
2. It would promote national integration.
3. It would simplify the legal system.
4. It would reduce discrimination.
5. It would protect the rights of women and children.
However, there are also some challenges to implementing a Uniform Civil Code:
1. It would be difficult to reconcile the different personal laws in India.
2. It could be seen as a violation of the right to freedom of religion.
3. It could be resisted by religious groups.
4. It would be expensive to implement.
Ultimately, the decision of whether or not to implement a Uniform Civil Code is a complex one.
There are strong arguments on both sides of the issue. The Indian government will need to
carefully consider all of the factors involved before making a decision.
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3. Karta
In Hindu law, a Karta is the manager of a joint Hindu family and its properties. The Karta is
usually the eldest male member of the family, but a junior member can also be appointed as Karta
if all coparceners agree. The Karta has the power to manage the property of the family, to
represent the family in legal matters, and to make decisions on behalf of the family.
The Karta has a fiduciary duty to the other members of the family. This means that the Karta must
act in the best interests of the family and must not use their position for personal gain. The Karta
is also liable for any debts incurred by the family.
The Karta's powers are not absolute. The other members of the family can challenge the
Karta's decisions if they believe that the Karta is acting improperly. The Karta can also be removed
from their position if they are found to be incompetent or if they are convicted of a crime.
The Karta's position is important because it ensures that the property of the joint Hindu family is
managed in a responsible and efficient manner. The Karta also provides a sense of stability and
continuity for the family.
Here are some of the key responsibilities of a Karta:
1. Managing the property of the family.
2. Representing the family in legal matters.
3. Making decisions on behalf of the family.
4. Ensuring that the family's affairs are conducted in a responsible and efficient manner.
5. Providing a sense of stability and continuity for the family.
The Karta is a powerful position, but it also comes with a great deal of responsibility. The Karta
must be someone who is trustworthy, competent, and has the best interests of the family at heart.
4. Maintenance of a Widowed Daughter-in-Law

A widowed daughter-in-law is entitled to maintenance from her father-in-law under Section 19 of
the Hindu Adoption and Maintenance Act, 1956. This is subject to the following conditions:
1. She is unable to maintain herself out of her own earnings or other property.
2. She has not remarried.
3. She has not obtained maintenance from the estate of her deceased husband or from the
estate of her son or daughter, if any.
4. She is not living in adultery.
The quantum of maintenance is determined by the court, taking into account the needs of the
widowed daughter-in-law and the financial capacity of the father-in-law.
The right of a widowed daughter-in-law to maintenance from her father-in-law is a
statutory right. This means that it is a right that is created by law and does not depend on the
wishes of the father-in-law.
The right of a widowed daughter-in-law to maintenance from her father-in-law is a
progressive step in the law. It recognizes the fact that a widowed daughter-in-law is often left in a
difficult financial situation after the death of her husband. The right to maintenance provides her
with a measure of financial security and helps her to maintain her dignity.
If you are a widowed daughter-in-law and you are unable to maintain yourself, you can file
a petition in the court for maintenance from your father-in-law. You will need to prove that you
meet the conditions for maintenance set out in Section 19 of the Hindu Adoption and Maintenance
Act, 1956.
The court will then determine the quantum of maintenance that you are entitled to, taking
into account your needs and the financial capacity of your father-in-law.
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3. Answer any TWO of the following (Give reasons for your answer):
1. Mr, X, a Hindu male dies intestate leaving behind son, daughter, daughter of predeceased
daughter of predeceased daughter and brother 'B'.
i. How X's Property will devolve after his death?
ii. If brother 'B' has committed murder of Mr. X, then how much share he is entitled to
inherit from Mr. X?
i. How X's Property will devolve after his death?
Mr. X, a Hindu male dies intestate, meaning he does not have a will. In this case, his
property will devolve according to the provisions of the Hindu Succession Act, 1956.
Under the Hindu Succession Act, 1956, the property of a Hindu male who dies intestate is
inherited by his heirs in the following order:
1. His children, including adopted children.
2. His parents.
3. His brother and sisters.
4. His grandparents.
5. His uncles and aunts.
6. His nephews and nieces.
7. His cognates, i.e., relatives on the mother's side.
In the present case, Mr. X leaves behind a son, a daughter, a daughter of a predeceased
daughter, and a brother. Therefore, his property will be inherited by his son, daughter, and
daughter of predeceased daughter in equal shares.
ii. If brother 'B' has committed murder of Mr. X, then how much share he is entitled to
inherit from Mr. X?
A person who commits murder is disqualified from inheriting property from the victim.
This is because the law does not allow a person to benefit from their own crime.
In the present case, if brother 'B' has committed the murder of Mr. X, he will be disqualified from
inheriting any property from Mr. X. His share of the property will go to the other heirs, i.e., Mr. X's
son and daughter.
It is important to note that this is just a general answer and the specific answer may vary
depending on the facts of the case. If you are involved in a situation where a murder has been
committed and property is involved, it is important to speak to an attorney to get legal advice.
2. Riya got married to Amit under the Hindu Marriage Act, 1955. Amit's mother started
demanding a Diamond set and Rs. 5,00,000/- in cash as Dowry Riya's father had no option
but to fulfil the demand and gave the same to Amit's mother.
i. What is the punishment to which Amit's mother can be made liable?
ii. What is the remedy available to Riya under the Hindu Marriage Act, 1955?
i. What is the punishment to which Amit's mother can be made liable?

Amit's mother can be punished for demanding dowry. The Dowry Prohibition Act, 1961
prohibits the giving or taking of dowry. The Act defines dowry as "any property or valuable
security given or promised to be given either directly or indirectly by one party to a marriage to
the other party to the marriage or to any other person."
The punishment for demanding dowry is imprisonment for a term of up to six months, or a
fine of up to Rs. 50,000, or both. If the offence is committed by a relative of the person demanding
dowry, the punishment is imprisonment for a term of up to two years, or a fine of up to Rs.
1,00,000, or both.
In addition to the punishment under the Dowry Prohibition Act, 1961, Amit's mother can
also be sued for damages by Riya. Riya can claim damages for mental anguish, emotional distress,
and any other losses that she has suffered as a result of the demand for dowry.
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ii. What is the remedy available to Riya under the Hindu Marriage Act, 1955?
Riya can also file a petition for divorce under the Hindu Marriage Act, 1955 on the grounds
of cruelty. The Act defines cruelty as "any wilful conduct which is likely to cause physical or
mental pain or suffering".
In the present case, the demand for dowry can be considered as cruelty. Riya can file a
petition for divorce on the grounds of cruelty and can also claim maintenance from Amit.
depending on the facts of the case. If you are involved in a situation where dowry has been
demanded or if you are facing cruelty from your spouse, it is important to speak to an attorney to
get legal advice.
3. Ashok and Sarita are married under the Hindu Marriage Act, 1955. Ashok has an
adulterous relationship with Freya, his friend and a child is born out of such relationship.
i. What action can Sarita take against Ashok under the Hindu Marriage Act, 1955?
ii. Is the child entitled to inherit Ashok's property? Explain.
i. What action can Sarita take against Ashok under the Hindu Marriage Act, 1955?
Sarita can file a petition for divorce under the Hindu Marriage Act, 1955 on the grounds of
adultery. The Act defines adultery as "voluntary sexual intercourse by a husband with a woman
who is not his wife, or by a wife with a man who is not her husband."
In the present case, Ashok has had an adulterous relationship with Freya and a child has
been born out of such relationship. Therefore, Sarita can file a petition for divorce on the grounds
of adultery.
In addition to filing for divorce, Sarita can also claim maintenance from Ashok. She can also
claim damages for mental anguish, emotional distress, and any other losses that she has suffered
as a result of Ashok's adultery.
ii. Is the child entitled to inherit Ashok's property? Explain.

The child born out of Ashok's adulterous relationship with Freya is not entitled to inherit
Ashok's property. This is because the Hindu Succession Act, 1956 does not recognize children
born out of adulterous relationships as heirs.
The Act defines heirs as "persons who are entitled to inherit the property of a deceased
person." The Act further provides that "no person shall be entitled to inherit the property of a
deceased person if he is not a legitimate child of the deceased person."
In the present case, the child born out of Ashok's adulterous relationship with Freya is not
a legitimate child of Ashok. Therefore, the child is not entitled to inherit Ashok's property.
depending on the facts of the case. If you are involved in a situation where a child has been born
out of an adulterous relationship and if you are concerned about the child's inheritance rights, it is
important to speak to an attorney to get legal advice.
4. Amar while a bachelor adopted a son 'S'. Asha, while unmarried, adopted a daughter 'D'.
Amar and Asha then married each other.
i. After marriage can Amar adopt a daughter? Explain with reasons.
ii. What is the relationship between Amar and 'D' and between Asha
i. After marriage can Amar adopt a daughter? Explain with reasons.

Yes, Amar can adopt a daughter after marriage. The Hindu Adoption and Maintenance Act,
1956 allows a married person to adopt a child, irrespective of their gender.
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The Act provides that "any person who is Hindu by religion, domiciled in India, and of
sound mind, may adopt a child." The Act does not specify any restrictions on the gender of the
child who can be adopted.
In the present case, Amar is a Hindu by religion, domiciled in India, and of sound mind. He
can therefore adopt a daughter after marriage.
ii. What is the relationship between Amar and 'D' and between Asha and 'S'?
The relationship between Amar and 'D' is that of adoptive parents and child. This is
because Amar adopted 'D' before he married Asha.
The relationship between Asha and 'S' is that of step-mother and son. This is because Asha
married Amar after he had adopted 'S'.
It is important to note that the relationship between Amar and 'D' and between Asha and
'S' is not affected by the fact that they are not biologically related. The law recognizes adoptive
parents and children as being just as legitimate as biological parents and children.
4. Answer any TWO of the following:

1. Discuss the provisions under Hindu Succession Act, 1956 governing intestate succession
to the property of a Hindu female.
The Hindu Succession Act, 1956 governs the inheritance of property by Hindus. The Act
applies to all Hindus, irrespective of their caste or sect.
The Act provides that a Hindu female who dies intestate, i.e., without a will, her property will
devolve according to the following rules:
1. Her children, including adopted children, will inherit her property in equal shares.
2. If she has no children, her property will be inherited by her parents in equal shares.
3. If she has no parents, her property will be inherited by her brothers and sisters in equal
shares.
4. If she has no brothers or sisters, her property will be inherited by her grandparents in
equal shares.
5. If she has no grandparents, her property will be inherited by her uncles and aunts in equal
shares.
6. If she has no uncles or aunts, her property will be inherited by her nephews and nieces in
equal shares.
7. If she has no nephews and nieces, her property will be inherited by her cognates, i.e.,
relatives on the mother's side, in equal shares.
It is important to note that the Hindu Succession Act, 1956 gives daughters equal rights to
inherit property as sons. This is a significant departure from the previous law, which
discriminated against women in matters of inheritance.
The Act also provides that a Hindu female can dispose of her property by will. However, there
are certain restrictions on the property that can be disposed of by will. For example, a Hindu
female cannot dispose of her property in a way that will disinherit her children.
The Hindu Succession Act, 1956 is a progressive piece of legislation that has helped to improve
the status of women in India. The Act gives women equal rights to inherit property and to dispose
of their property by will. This is a significant step towards gender equality in India.
I hope this helps! Let me know if you have any other questions.
2. Who can appoint a Testamentary Guardian under Hindu Minority and Guardianship Act,
1956 and discuss in brief Powers of Testamentary Guardian.
A testamentary guardian is a guardian who is appointed by a will. The Hindu Minority and
Guardianship Act, 1956 (HMGA) allows a Hindu to appoint a testamentary guardian for their
minor children.
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The HMGA provides that a testamentary guardian can be appointed by a Hindu who is of
sound mind and is not a minor. The guardian can be appointed for all or any of the minor children
of the testator.
The testamentary guardian can be appointed by name or by description. If the guardian is
appointed by name, the will must specify the name of the guardian. If the guardian is appointed by
description, the will must specify the relationship of the guardian to the minor child.
The testamentary guardian has the power to:
1. Take care of the person and property of the minor child.
2. Give consent to the marriage of the minor child.
3. File a petition for the custody of the minor child.
4. Executor of the will of the testator.
The testamentary guardian is subject to the control of the court. The court can remove the
testamentary guardian if it is satisfied that the guardian is not acting in the best interests of the
minor child.
Here are some of the key points to keep in mind about testamentary guardians:
1. A testamentary guardian is appointed by a will.
2. The testator can appoint a testamentary guardian for all or any of their minor children.
3. The testamentary guardian has the power to take care of the person and property of the
minor child.
4. The testamentary guardian is subject to the control of the court.
If you are considering appointing a testamentary guardian, it is important to speak to an attorney
to get legal advice. An attorney can help you to ensure that the appointment is made in accordance
with the law and that the guardian is someone who is suitable to care for your minor child.
3. Explain the grounds of divorce available to a wife under the Hindu Marriage Act, 1955.
Here are the grounds of divorce available to a wife under the Hindu Marriage Act, 1955:
1. Adultery: This is when the husband has sexual relations with someone other than his wife.
2. Cruelty: This is when the husband treats his wife with cruelty, either physical or mental.
3. Desertion: This is when the husband leaves his wife without any reasonable cause and
without her consent and does not return for a continuous period of at least two years.
4. Conversion: This is when the husband converts to another religion and refuses to live with
his wife.
5. Insanity: This is when the husband is of unsound mind and has been continuously so for a
period of at least two years.
6. Venereal Disease: This is when the husband is suffering from a venereal disease which is
curable and he refuses to be treated.
7. Renunciation of Worldly Life: This is when the husband renounces the world and enters
a religious order.
8. Impotency: This is when the husband is impotent and is unable to consummate the
marriage.
It is important to note that the wife cannot file for divorce on the grounds of her own adultery. She
can only file for divorce on the grounds of the husband's adultery.
The wife must also prove the grounds of divorce on which she is relying. The burden of
proof is on the wife to show that the husband has committed the act of adultery, cruelty, desertion,
conversion, insanity, venereal disease, renunciation of worldly life, or impotency.
If the wife is able to prove the grounds of divorce, the court may grant her a decree of
divorce. The court may also grant her other reliefs, such as maintenance, custody of children, and
a share in the husband's property.
If you are considering filing for divorce, it is important to speak to an attorney to get legal
advice. An attorney can help you to understand the grounds of divorce and to ensure that your
case is properly prepared.
Page 89 of 90
4. What is partition under Mitakshara Law? Who are entitled to share on partition and
what is the effect of partition?
Partition is the severance of the joint status of coparceners and the division of the joint
property into shares. Under the Mitakshara law, partition can be effected by agreement, by decree
of court, or by survivorship.
Who are entitled to share on partition under Mitakshara law?
Under the Mitakshara law, all male members of the joint family are entitled to share on
partition. This includes the sons, grandsons, great-grandsons, and so on, of the original
coparcener. Daughters are not entitled to share on partition under the Mitakshara law.
What is the effect of partition?
The effect of partition is that the joint property is divided into shares and each coparcener
becomes the absolute owner of their share. The coparceners are no longer liable for the debts of
the joint family.
Partition under Mitakshara law can be classified into two types:
1. Partition by metes and bounds: This is the most common type of partition. The property is
physically divided into separate plots and each coparcener is allotted a plot.
2. Partition by shares: This is a less common type of partition. The property is not physically
divided, but each coparcener is allotted a share in the property.
The partition of joint family property can be initiated by any of the coparceners. The partition
can be effected by an agreement between the coparceners or by a decree of court.
If the coparceners are unable to agree on the terms of the partition, they can file a petition in the
court for a decree of partition. The court will then divide the property in a fair and equitable
manner.
The partition of joint family property can have a significant impact on the coparceners. It
can affect their inheritance rights, their liability for debts, and their tax liability.
If you are considering partitioning your joint family property, it is important to speak to an
attorney to get legal advice. An attorney can help you to understand the implications of partition
and to ensure that your interests are protected.
The End
***********
Page 90 of 90

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Sub- FAMILY LAW II, SEM -3, Mumbai University New Syllabus – 2022-2023

1.3 Types of family based upon

Lineage – patrilineal, matrilineal

Authority structure patriarchal and matriarchal

Location- patrilocal and matrilocal

Number of conjugal units-nuclear, extended, joint and composite.

Type of family Number of conjugal units

Extended family Multiple

Joint family Many

Composite family Multiple

1.4 Emerging concepts: Maitri Sambandh and divided home

1.5 Hindu Marriage Act 1955

1.6 Benami Transaction Act, 2016

1.7 Special Marriage Act, 1954

1.8 Domestic Violence Act, 2005

9. A person who is or was in a live-in relationship with the woman;

1.9 Establishment of family Courts – Family Courts Act, 1984

The powers and functions of the constitution are:

Administration of gender justice

2.2 Mitakshara coparcenary-formation and incidents

Property under Mitakshara law-separate property and coparcenary property.

2.3 Dayabhaga coparcenary-formation and incidents

Property under Dayabhaga law.

7. He has the right to maintenance from the joint family property.

2.5 Alienation of property-separate and coparcenary

2.6 Debt-doctrines of pious obligations and antecedent debt.

2.8 Partition and re-union.

2.10 Matrilineal joint family.

Here are some of the key characteristics of a matrilineal joint family:

Here are some of the key features of a matrilineal joint family:

Understanding the law of inheritance

Property subject to the rules of intestate succession

Property held by Sole Surviving Coparcener

Share obtain on Partition

Undivided share in Dayabhaga joint family

Undivided share in Mitakshara coparcenary

Law governing the rules of Inheritance among Hindus

Provision Of Succession Dealt Under

Succession of a property of a Male Intestate

Rules for devolution of property of a Male Intestate

Rules governing the distribution of interest among class I heirs

Rules of distribution and Preference of interest among class II heirs

Class III heirs or agnates

The rule of preference and division of interest among agnates

Class IV category or cognates

3.3 Devolution of interest in Mitakshara coparcenaries with reference to the provisions of

The Changes Which Led to The Devolution of Interest in Mitakshara Family

Revolutionary Changes Made After Independence

Changes in the Authority Structure

I. Property Rights of women under the act before the amendment

Protection offered to women under the 1956 act

II. Position Post Amendment

III. Issues in Interpretation

IV. The way forward

Intestate succession to Property of Hindu Female

General Property (Section 15(1))

Entry (b)- Heir of husband

Entry (c)- Father and mother of the deceased female (proposita)

Entry (d)- Heir of the father