Essay on the Concept of Joint Hindu Family un­der Mitakshara Law

Ordinarily, an undivided Hindu Family is joint, not only in estate, but also in food and worship. However, the existence of joint estate is not absolutely necessary to constitute a joint family, and it is possible to have a joint Hindu family which does not own any estate. But, if joint estate exists, and the […]
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Obstructed Heritage and Unobstructed Heritage Properties under the Hindu Law

(ii) Obstructed heritage (saprlatibandha daya). Property in which a person acquires an interest by birth is called unobstructed heritage. It is so called, because the accrual of the right to such property has no obstruction. Thus, property inherited by a Hindu from his father, father’s father, or father’s father’s father, is unobstructed heritage, as regards […]
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What do you understand by Hindu Coparcenary?

Thereafter, male dominance in this field received the second fatal blow in the shape of the Hindu Succession (Amendment) Act, 2005, which declares that the daughter of a coparcener shall, by birth, become a coparcener in her own right in a joint Hindu family governed by the Mitakshara law. This topic is, therefore, discussed under […]
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What are the Disabilities and Disqualifications attached to Hindus under the Un-codified Hindu Law of Inheritance?

Under the Mitakshara, unchastity was a ground of excluding only the widow, so that a daughter, a mother or a sister could inherit, even though not quite chaste at the time when inheritance opened. Unchastity was no ground of exclusion in respect of succession to stridhana property. (Advyapa v. Rudrova, 4 Bom. 104). So far […]
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What are the General Rules of Succession un­der the Hindu Succession Act?

Mode of Succession of Two or More Heirs (S. 19): It is provided by S. 19 that if two or more heirs succeed together to the property of an intestate, they will take the property— (a) Per capita, and not per stirpes (unless otherwise expressly provided in the Act); and (b) As tenants-in-common, and not […]
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Pro­visions under the Hindu Succe­ssion Act Gov­erning Intestate Succession to the Property of a Female

The Explanation to the section seeks to give a very comprehensive connotation to the term ‘property’, and deals elaborately with the various sources and the sundry modes of acquisition of property by such a person. It provides that ‘property’ includes both movable and immovable property acquired by a female Hindu — (i) By inheritance or […]
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Section 97 of Indian Penal Code, 1860 – Explained!

It was soon realised, however, that there was no justification for this right to remain limited to the abovementioned categories only because it was not proper to remain silent when the person or property of other persons, known or unknown, was threatened with attack. Therefore, the right ultimately got extended to cover such cases also. […]
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Section 93 of Indian Penal Code, 1860 – Explained!

The illustration under this section shows that a surgeon is not guilty of an offence if he communicates to a patient in good faith for his benefit that he cannot live. To prove good faith in such a situation may sometimes be very difficult as the requirements of section 52 of the Code are to […]
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Section 91 of Indian Penal Code, 1860 – Explained!

One such act has been mentioned in the illustration of this section. However, with the passing of the Medical Termination of the Pregnancy Act, 1971 there are other grounds as well, besides saving the life of the woman, on which pregnancy can be terminated. Other acts where exception under Sections 87, 88 and 89 of […]
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Section 90 of Indian Penal Code, 1860 – Explained!

The section in its first paragraph states that a consent given by a person under fear of injury, or under a misconception of fact, is not a valid consent provided the person doing the act knows or has reason to believe that the consent was given in consequence of such fear or misconception. This latter […]
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