anand law classes

  Muslim Law OF Inheritance Q. 12 (a) Outline the distinguishing features of the law of inheritance under Muslim Law. Ans. 1. Application of law. The property of a deceased Muslim is to be distributed according to the law to which he belonged at the time of his death. Thus, if a Hindu embraces Islam, and dies a Muslim, the distribution of his estate will take place according to Muslim Law and his Hindu relatives cannot claim any benefit.   2. Nature of property heritable.- There is no distinction in Muslim Law between movable and immovable property or real and personal property, or ancestral and self-acquired property, or between separate and joint family property.   3. No Primogeniture . In the absence of any custom there is no rule of primogeniture. If a man leaves several children, the eldest does not exclude the rest. However, under Shia law the rule of primogeniture is recognized to some extent.   4. No spes-succession.- Unlike Hindu Law, Muslim Law does not reco

    Q. 24. Comment on the right to the property of a Hindu female under Section 14 of the Hindu Succession Act, 1956. Or Examine the proprietary rights of a female Hindu under Section 14 of the Hindu Succession Act, 1956. Or Section 14 of the Hindu Succession Act, 1956 has brought about a revolutionary change by enlarging the proprietary rights of a female Hindu.' Do you agree with this statement? Point out the provision contained in this section with special reference to leading cases. Ans. Proprietary rights of a female Hindu (Section 14, Hindu Succession Act).-Prior Hindu law .-Before the commencement of the Hindu Succession Act, 1956, the property received by a Hindu female by inheritance and share allotted on partition was to be held by her as a limited owner. This limited ownership in Hindu law was known as "Hindu woman's estate." The holder of "woman's estate" was limited owner in the sense that after her death the property could not d

  Q. 23. Discuss the Rules laid down in the Hindu Succession Act concerning the succession to the property of a male Hindu? General rules for succession in the case of males Section 8  lays down the general rules for succession in the case of males. Section 8 applies in cases where succession opens after the commencement of the Act. It is not necessary that the death of the male Hindu, whose property has to be devolved by inheritance, should take place after the commencement of this Act. Classification of heirs Heirs are classified into four categories: ·          Class I ·          Class II ·          Class III (Agnates) ·          Class IV (Cognates) Class I heirs  As per the schedule of the Act, the following are class I heirs:   i)              son; ii)             daughter; iii)            widow; iv)            mother; v)            son of a pre-deceased son; vi)           daughter of a pre-deceased son; vii)          son of a pre-deceased daugh