Chapter One point two. Mitakshara and Dayabhaga Differences:
Differences: Mitakshara Dayabhaga
Chapter One point three. Hindu
Hindu Law does not apply to:
CHAPTER - Two MARRIAGE AND DIVORCE
Chapter Two point two. Conditions of a Valid Marriage:
v) Prohibited degrees of relationship:
vi) Sapinda Relationship:
vii) Consent by Guardian:
ix) Registration (optional):
Chapter Two point three. Void, Voidable marriages:
Void and Voidable Marriages
iv) Circumstances: Section Eleven
Ch. two point four. Restitution of Conjugal Rights (Sn. nine):
Sn two point five. Judicial Separation:
Ch. two point six. Grounds for Judicial Separation:
Additional Grounds to the wife (Bigamy) to get judicial separation:
Ch. two point seven. Grounds for divorce. Sn. thirteen.
xii) Special grounds for the wife: In addition to the above grounds, the wife has the following grounds for divorce.
Ch. two (eight) Divorce by Mutual consent:
Amendment to Sn thirteen by adding thirteen C D and E to make divorce easier
Ch. three point two. Changes in Adoption Law:
In this regard the leading cases are:
Ch. 3,3. Essentials of a valid adoption .
Explanation of each condition:
ii) Person giving in adoption:
iv) The other restrictions:
Ch. three point four. Legal effects of adoption:
Chapter three point five. Dwayamshana adoption:
Chapter three point six. Kritrima adoption:
Chapter three point seven. Illatom adoption:
Chapter four. Maintenance
Chapter four point two. Maintenance of wife:
other religion, she is not entitled to claim maintenance. Chapter
Chapter four point four. Maintenance of children and aged parents
Chapter Four point five. Maintenance of dependants:
Chapter Four point six. Amount of maintenance. Section twenty-three.
CHAPTER - Five GUARDIANSHIP
Chapter Five point two. Natural Guardians:
Certain qualifications are specified to a natural guardian:
Chapter Five point three. Powers of a natural Guardian:
Chapter Five point four. Testamentary Guardian. Section nine.
Chapter Five point five. Court Guardian:
Chapter Five point six. De facto Guardian:
Chapter Six point one. Characteristics of a Mitakshara coparcenary:
The characteristics are as follows: i)
vii) Changes made by the Act of nineteen fifty-six:
Illustration of Coparcenary
undivided family. It consists of the propositus 'A' and his 'sapindas' i.e.,
Chapter six point two. Joint Hindu Family:
Chapter six point three. Kinds of Hindu joint family property:
Chapter six point four. Ancestral property:
Chapter six point five. Separate property:
CHAPTER - Seven PARTITION
Chapter seven point two. Modes of effecting partition:
Chapter seven point three. Re-opening of partition:
Chapter seven point four Reunion (Blending).
Chapter Eight point two. Karta's power of alienation :
CHAPTER - Nine SUCCESSION-One
Chapter nine point two. General rules of succession to females
Property of female Hindu: Section fourteen:
Chapter eleven. Succession two
i) Full blood and Half blood:
ii) Per Capita, Not per stirpes:
Three. Tenants in common and not joint tenants:
Five. Simultaneous Deaths:
CHAPTER -Twelve Endowments
b) Powers of a Shebait or Mahunt:
CHAPTER-Ten PIOUS OBLIGATION.
Chapter Ten point two. Pious obligation and avyavaharika debts:
Three. The leading case is: Hernraj versus Khemchand:
Four. Examples of Avyavaharika debt:
Three. Faquir Chand versus Harnam Kaur:
Exception one. Debts before two thousand five Act
CHAPTER-Fourteen MISCELLANEOUS
Chapter fourteen point two. Gains of Learning Act nineteen thirty.
Chapter fourteen point four. Sapinda: Etymologically, it means 'same cake'
Chapter fourteen point five. Legal necessity.
The leading case is Hanuman Prasad's case. The power to alienate was explained by the court.
Legal Necessity has a special technical meaning.
Chapter fourteen point six. Benami Transaction.
Whether a person is Benamidar or not depends on
Chapter fourteen point seven Aprathibandadaya and Sapratibandadaya:
In Saprathibandadaya, there is no such direct male link. Example
Only agnates (male ascendants) property is ancestral, according to Mitakshara coparcenary. The leading cases are
Two Chapter fourteen point eight. Half Full and uterine
Chapter fourteen point nine: Agnates, Cognates:
General rules of succession (Section eight):
Chapter fourteen point ten: Per capita, Per Stirpes:
Chapter fourteen point eleven: Sapinda, Samanodaka, Bandhu,
Chapter fourteen point twelve. Saudayika, Non Saudayika
Chapter fourteen point thirteen: Saptapadi:
Chapter fourteen point fourteen. Dasi putra:
Chapter fourteen point fifteen Escheat:
Chapter fifteen Succession-three
Three. Removal of Disqualifications:
Changes under Hindu Succession Act:
Chapter fifteen point two. Joint Family Business and Partnership distinguished.
Fifteen point three: Change under Hindu Succession Act.
Chapter sixteen Leading cases
Chapter sixteen point two. Collector of Madhura versus Ramalingam (Ramnad case) Refer Chapter one. Chapter sixteen point three. Devaki Nandan versus
Chapter sixteen point four. Tulasamma versus Sesha Reddy (S.C. nineteen seventy-seven).
Chapter sixteen point five. Sawan Ram versus Kalavati-
Chapter sixteen point six. Brig Narain versus Mangal prasad-
Chapter sixteen point eight. Arunachala Mudaliar versus Muruganatha-
Chapter seventeen. Marimakkatkayam. Aliyasantana and Namboodri Law. Salient Features
Chapter sixteen point twelve. Peddasubbiah versus Akkamma:
Chapter sixteen point thirteen. Kotturswami versus Veeravva; Refer Chapter seven (two)
Leading cases: Kalyani versus Narayanan
Three. Definitions. In this Act, unless the context otherwise requires,-
Five. Conditions for a Hindu marriage.
Eight Registration of Hindu marriages.
RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION
NULLITY OF MARRIAGE AND DIVORCE
Twelve Voidable marriages.
After section thirteen B of the Hindu Marriage Act, the following sections shall be inserted, namely:-
JURISDICTION AND PROCEDURE
REFERENCE SECTION Selected Sections THE HINDU ADOPTIONS AND MAINTENANCE ACT,
Seven. Capacity of a male Hindu to take in adoption.
Eight. Capacity of a female Hindu to take adoption.
Nine. Persons capable of giving in adoptions.
Ten. Persons who may be adopted.
Eleven. Other conditions for a valid adoption.
Twelve. Effects of adoption.
Sixteen. Presumption as to registered documents relating to adoptions.
Nineteen. Maintenance of widowed daughter-in-law.
Twenty. Maintenance of children and aged parents.
Twenty-one. Dependents defined.
Four. Definitions. In this Act-
Six. Natural guardians of a Hindu minor
Nine. Testamentary guardians and their powers
Twelve. Guardian not to be appointed for minor's undivided interest in joint family property. Where a minor has an undivided interest in joint family property and the property is under the management
Selected sections Hindu Succession Act, nineteen fifty-six
Three. Definitions and interpretations
Four. Overriding effect of Act
Six. Devolution of interest of coparcenary property
Seven. Devolution of interest in the property of
Eight. General rules of succession in the case of males
Nine. Order of succession among heirs in the Schedule
Ten. Distribution of property among heirs in class one of the Schedule
Eleven. Distribution of property among heirs in class two of the Schedule
Twelve. Order of succession among agnates and cognates
Thirteen. Computation of degrees
Fourteen. Property of a female Hindu to be her absolute property
Fifteen. General rules of succession in the case of female Hindus
Sixteen. Order of succession and manner of distribution among heirs of a female Hindu
Seventeen. Special provisions respecting persons governed by Marumakkattayam and Aliyasantana laws
GENERAL PROVISIONS RELATING TO SUCCESSION
Nineteen. Mode of succession of two or more heirs
Twenty. Right of child in womb
Twenty-one. Presumption in cases of simultaneous deaths
Twenty-two. Preferential right to acquire property in certain cases
Where a Hindu intestate has left surviving him or her both male and female heirs specified in class one of the Schedule and his or her property includes a dwelling-house wholly occupied by members of
Twenty-four. Certain widows remarrying may not inherit as widows
Twenty-five. Murderer disqualified
Twenty-six. Convert's descendants disqualified
Twenty-seven. Succession when heir disqualified
Twenty-eight. Disease, defect, etc. not to disqualify
Thirty. Testamentary succession
THE HINDU SUCCESSION (AMENDMENT) ACT, two thousand five An Act further to amend the Hindu Succession Act, nineteen fifty-six.
Short title and commencement.