Slide -37

• Intercaste marriage amongst Hindus

• Four casts -

• In ancient India there was no bar – there is no such texts prohibiting

If we look into the original texts of the Hindus, there was no such thing that
marrying or prohibiting intercaste marriage. If we look into Veda or Sruti there
is no such bar because veda never considered two different things are of
different categories. According to Veda, human has only one religion and that is
humanity. There is no parameter of distinguishing between man and man. This
castes have no connection with hindu religion ,rather it is a connection to hindu
society. Therefore, in ancient India there was no bar. It is a custom that had
continued for 3000-4000 years. It’s not a religion but unfortunately later on
hindu law it declared invalid. However by custom it is allowed in some parts of
India. Infact in basic Hindu texts there is no difference between man and
woman. There is a word called Purush but it does not mean male. Purush
identifies as a person who has all the powers ,who does not have any limitation
of power.There is only one purush in the universe.That is , almighty Brahma
according to veda. But the people in our society they themselves promoted to
that position and they degraded woman by another name “Nari’’. Under hindu
religion there is no division in gender even.All are human. When the British
came they changed it based on which a Brahmin cannot marry a khatriya but if
custom allows there’s no problem.On top of everything, factum valet comes
into play. Even if people marries under different caste, according to doctrine of
factum valet it is valid.

• Latter on under HL it declared invalid. However, by custom it is allowed in some

parts of India

This castes have no connection with hindu religion ,rather it is a connection to

hindu society. Therefore, in ancient India there was no bar. It is a custom that
had continued for 3000-4000 years. It’s not a religion but unfortunately later on
hindu law it declared invalid. However by custom it is allowed in some parts of
India.

• In Chittagong and Comilla V+K is valid.

• Sagotra marriage

• Gotra: The word Gotra is formed from the two Sanskrit words Gau (meaning
Cow) and Trahi (meaning Shed).
 The word gotra is formed from the two Sanskrit words Gau (meaning cow)and
Trahi (meaning shed ).The people who has come from the same cowshed known
as people of sagotro.About 2000 years ago,people mostly were born in houses.
In our Indian sub continent ,one person didn’t have more than one house and
the house contained one room.Even if there were 3 rooms ,members would
count upto 30.A pregnant women will be given a separate room, they didn’t
have that kind of luxury. The cowshed was considered a place for a mother to
give birth to a child.So, people who was born from the same cowshed gives an
indication that they are from the same lineage.So, the word sagotro,derived as
the people who come from the same descendant or same male root known as
gotro. Ex- X-S1S2 –S5S6-X1X2(k)

Slide -38

The Gotra is a system which associates a person with his most ancient or root ancestor in an unbroken
male lineage.Kashyapa gotra - He was one of the seven ancient sages considered
as Saptarishis in Rigveda. It is considered that all the human being have come from the seven sages.

Ex : If someone was from kasyopo gotra ,it is an indication that kashyopo was the initial father and from
his children to their children.today, the person born known as kashyopo gotra. Had all the human beings
born from these seven sages and the fact that they were Brahmins means all their childrens are
Brahmins .But the division that we see today like Sudra, Vaisya,Khatriyas these all are man made.

Sagotra marrige invalid except in Sudras said to have no gotra. Although it is said that even the K and V
have no gotra of their own. The factum Valet will apply here . Sagotro marriage is invalid.That is one
being a kashyopo cant marry another kashyap except in sudras. Sudras can marry to any kashyops
because Sudras is considered to have no gotros.

If 2 sudras marries how can that be possible or on which ground it is possible ?

1)Factum valet

2) There is no gotra for Vaisya, Sudra,or khatriya.

3)If they are not from the prohibited degree.

Slide -39

• Prohibited Degrees (PD) in Marriage

• Marriage within the prohibited degree is not valid unless custom allows .The
relationships that cant end up with marriage those relationships are called prohibited
degree. According to Hindu, a hindu can’t marry a cousin nephew or niece but if custom
allows it is allowed. For ex: In tamil nadu , an uncle can marry his niece though it is
prohibited in both daybhaga and mitakshara but as custom allows so they can marry.

Same gotro or pravara doesn’t mean a marriage is invalid.For ex: If a Brahmin marries
another Brahmin they’re under prohibited degree provided that it is not within the fifth
degree on the father’s side and third degree on the mother’s side. Ex:

(XF4-XFFF-XFF-XF-X-Y-YM-YMF)

If XM & YM are connected ,means they are siblings.

If XM & YM is different but Father is same. It means stepfather &mother on both side.It
falls under prohibited degree.

Because X’s MF and X’s FF-X’sFFF-X’sFFFF is not connected with X’s MF.

X’s FF –X’sMF/X’sMFF is not connected to X’sFF. Therefore marriage took place.

Generally ,Sagotro marriage isnin’t valid. An exception to it is, sagotro marriage is

possible if it’s shown that for ex: W was not in the fifth degree on the father ‘s side and
third degree on the mother’s side.

Ex-A want to marry W

MFF-MF-M-A-F-FF-FFF-FFFF-F5.For marriage,W shouildn’t be connnected to any of

them. For ex: if W is connected to M it isint possible as it falls under prohibited degree
as A and W becomes sisters.

Again if w is the daughter of FF,it is prohibited as W becomes the aunt of A.

If W is the daughter MF,then it is prohibited as she becomes the maternal aunt. In

muslims marriage is possible from 3rd degree. In short W cant have connection from the
5th degree on A’s side and 3rd degree from mother’s side.

When a girl marries her lineage is changed.

 • Rules regarding the PD

• Same gotra or pravara …not applicable I case of Sudras

• Sapinda (see explanation below)

People who are entitled to give pindo .It is a religious duty in hindu religion. If for ex: X dies, for the
peace of the departed soul ,his descendants can offer pindo. Not everyone can offer pindo, specific
relative can do it.the people who are eligible to offer pindo is called sapindo.it depends on custom when
the pindo will be offered.It can take about 11 days or 9 days depending on customs. For ex: If x dies,X’s
son can be sapindo. X-S-SS

Two persons are said to be sapindo of each other if one is a lineal descendant of the other within the
limits of sapindo relationship. Sometimes, a daughter ‘s husband can give pindo. It’s almost like a lineage
.The person in lineage can be sapindo.Sometimes ,someone outside of lineage can be sapindo like a
daughter’s husband. Even full, half, legitimate, illegitimate child can give pindo.According sapindo
relationship extends upto 7th degrees on the father’s side and 5 th degrees on the mother’s side.

• Pinda is a religious rite where charity (food) is offered in the name of a deceased so that
the soul of the deceased gets Muksha. Specified relatives are entitled to offer this and
these relatives are called Sapinda

• two persons are said to be "sapinda" of each other if one is a lineal ascendant of the
other within the limits of sapinda relationship, or if they have a common lineal
ascendant who is within the limits of sapinda relationship with reference to each of
them

Full relationship- means the ones who are born from the same mother’s womb/where father and
mother is the same.

Half relationships- Where father is same and mother different and vice versa.

Marriage within PD is valid provided that it is not within the fifth degree on the father’s side and third
degree on the mother’s side
Slide-40

• Dissolution of Marriage- Divorce

In case of other religion except the hindu religion dissolution is possible.Under hindu
marriage,this is next to impossible.According to hindu law,it’s a sacred union between flesh with
flesh ,bone with bone.The moment you are in a sacred relationship theres no chance of
dissolution.Once you’re married ,you’re always married.Once you’re husband and wife ,you’re
always husband and wife. Dissolution is not possible exception /unless by factum valet.

• Marriage = Sacrament. Is is a sacred union bones with bones flesh with flesh.

• So it is indissoluble unless allowed by FV

• Serious cases like change of religion, loss of caste, adultery, or deserting

husband and becoming prostitute does not entitled dissolution.

For Christianity and other eligion .there is no dissolution as per Hindu law.Only
in the case of Islamic religion ,conversion to islam dissolves marriage or
marriage wont exit.This is according to Islamic religion not according to hindu
religion.Because of the fact that according to muslim law,if a person or i.e X is a
muslim ,she can never have a husband Y ,which is of another eligion.Only in this
case Factum Vallet can be applied for hindus.

• But conversion Islam dissolve the marriage and reconversion to hinduism

restate the marriage automatically.

Only separation allowed

Dissolution is not possible but separation is possible.Separation means physical separation .They will
physically stay separate and dissolution means physically and legally separateness. Here a husband loses
the authority to his husbandness. This separation degree when given by the court ,then a husband cant
apply any authority over his wife even though they can claim each other as husband or wife and the
marriage still exists.

Slide-43

• Hindu Marriage Act 1955 (India)

• Marriage can take place between any two Hindu of any caste, Buddhists, Jains
or Sikhs.

• Bridegroom must not have another wife – polygamy abolished.But muslim can
marry to 4 wives.

• Maturity of the parties 21 and 18

 • Divorce allowed – wide discretion has been given to the court to decide the
issues such as custody, maintenance, and education of minor children.

Provision for marriage registration

Slide-44

• The harsh truth: ‘Son’ or a male heir is in the focus of all attraction in major religions of the
world.

Though in Ved the word Son don’t refer to a male. Because in Ved there is no discrimination between
male and female. Son is someone who has many virtues or has a virtuous entity. Our society males
named them “son’ as it is so praiseworthy entity. But Ved never referred son as specific gender entity.

But the British that made these law they refers son as the male child. And the main purpose of hindu
marriage is to procreate a son.

Putra- Put means hell ,one of seven hells .And only the son can save father from hell. As the son has
ability to save from hell , so he is called putra.

• A Hindu marriage is for procreation of son (vedic)

• Son important: spiritual benefit & continuance of the lineage

• Son = putra as he saves father from the hell named put.

• Yajnanvalka

• ‘Because continuity of the family in this world and the attainment of

heaven in the next, are through son, son’s son, and son’s son’s
grandsos, therefore women should be loved and protected’.

Slide-45

• Legitimacy of Son

• Son born in lawful wedlock

• A child born within 280 days of his or fathers death and the mother remaining
unmarried

• The birth of the son must be after parent’s marriage

• Illegitimate sons do not inherit in 3 higher classes-

It includes only khatriya,Brahmin,Vaisya not Sudra.Because they’re not considered as

humans .They don’t have any property.There are societal rules made by people’s ideas
that time. These are not religious rules.
An illegitimate sudra son takes half the state of his putative father in competition with the widow.

Ex: X & Y given birth to S – legitimate.

Suppose X dies and after 30/60 days, Y has given birth to S-legitimate.

Suppose,X dies and after 2 years,Y has given birth to S-illegitimate son.

 If a son stays on mother’s womb for 10 months 10 days, is he legitimate ?

=It is not right. Generally it takes 280 days for a son to be born from m others womb and then it is
considered to be legitimate .

 X & Y(L)-200 days-S

Birth of a son must be after parents marriage.
Suppose X dies, and Y has married to L, and after 200 days S is born ,is this a legitimate son of
X?
= No, It will be L’s son. Now they’re married and the son is born .Although the son may carry
the progeny of X, as Y got married to L before the passing of 280 days , automatically L got to
take responsibility of son.
Normally according to muslim law, it is instructed to take a break before getting married.If
there’s a chance of a child to be born within 280 days. In hindu law , there’s no break
mentioned so if a woman Y marries to L in between 280 days it is considered that the child is of
their own even though the child may carry the progeny of X. Now, the child is born it is their
responsibility.
 Slide-47

• Status of an adopted son:

As a real son important for you to take you to the heaven .The dattak son is similarly important
to take you to heaven. The status of a real son and adopted son is the same as if he is your own
son. They will enjoy the same benefit. Ex: sunny (S)-D-S1
Sunny has 2 bighas of property, the dattak will get the property and more rights than his own
son.
• No distinction between natural son and adopted son
• 31 DLR 312 AD
• the adopted son in relation to his adopted father stands equally with the natural
son in the matters of temporal and spiritual matters
• 28 DLR 313 HD- Same observation

Slide-48

• Objectives of the adoption

There are two objectives of adopting a son.
• Religious : to secure the spiritual benefit to the adopter and his ancestors. (14 DLR 810)
To go to heaven you must be assisted by your son . When you don’t have son ,you must
take adoption otherwise you wont be able to go to heaven.It is not only helping the
person who’s taking the adoption but also whole generation before.
• Secular: to secure an heir and perpetuate the adopter's name (14 DLR 810)
If you’ve daughter and she has done many good things but at the end of the day it’s not
your credit .This is the credit for the family where she will go .So,it is suggested to take
adoption as they can represent you throughout the generation ahead and your name
will be perpetuated. Under Hindu law, if you die , there’ll be no one to carry your home.
Earlier hindus presumed that woman cannot represent his father or his generation
before. So, a son is very important .One’s name must be perpetuated as we want to be
visible,we want to be talked about.The moment we aren’t talked about ,we don’t
become anything and invisible. Do reputational existence is more important than
physical existence even if it’s needed to adopt a son and perpetuate our names through
adopted son.

Slide-49

• Would the mother of the adopted son be the wife of the adopter?
If A wants to take X for adoption, he must look into the identity of the mother B. And the next
thing to see is whether A can marry this lady or not. If A could marry B, only in that case A could
take adoption.
• Bhagwan Sing vs Bhagwan Sing- (PC) – the adoption of a boy whose mother
could not have been married by the adopter is illegal. But for sudras = legal.
 • This rule has been restricted in many recent cases to the daughter’s son, sister’s
son, and mothers' sister’s son.
• If custom permits = legal.

Slide -50

• Essentials
• The adopter must be lawfully capable of taking adoption ie Hindu male, sound
mind, attained the age of discretion ( age of majority is not essential), provided
he has no living son, gson, ggson at that time.

• In Mithila widow cannot, in Bengal with authority from husband, in Mumbai

without authority may adopt. If husband dies, widow can show to the court that
husband had intention by giving prove like adoption papers for the widow to
take adoption.
Exception in Mumbai, where widow can take adoption without authority.
• Person awfully entitled to giving in adoption and only the father and mother can
do it
• The subject : must be male, of same caste of his adopting father, must not be a
son of a mother who could not have legally married to the adopting father.

Slide 52

• Succession = Survivorship + inheritence

Generally succession and inheritance are synonymous But it is not same. Succession is wider
term than inheritance .it means serial .It doesn’t need to be connected with death or birth .In
the eyes of law, it is same to inheritance.For ex; in Inheritance, Father X,is a person ,his property
will go to Y because X died and solely on account of relationship with former.

• Survivorship: The living of one of two or more persons after the death of the
other or others. Survivorship is where a person becomes entitled to property by
reason of his having survived another person who had an interest In it. The most
familiar example is in the case of joint tenants, the rule being that on the death
of one of two joint tenants the whole property passes to the survivor.

Getting property by virtue of being born .In mitakshara for ex: F’s son born and
F’s 2 bighas will go to son G partly and 1 bigha after F’s death.

• Inheritance:

Inheritance by virtue of being death another one will get property .Distribution
of property based on death.For ex: F dies, by virtue of hgis death, the proiperty
will go to his relatives.
 • Mullah: “the law of inheritance comprises of rules which govern
devolution of property, on the death of the person, upon other persons
solely on account of their relationship with the former.”

Slide -53

• Black’s Law Dictionary defines inheritance as “receipt of a property from an

ancestor under the laws of intestacy” i.e. “by bequest or device.”

• Rakshit: inheritance is a terms which is used only to denote the devolution of

separate or self acquired property of one on another as his heir.

• Survivorship V Inheritance

Property other than separate or self property will be distributed by survivorship and self or
separate acquired property will be distributed by inheritance. For ex: X2 and X1 have jointly 5
bighas of property .So, S1 and S2 will receive property by survivorship .But if they (x2&X1)had
separate property then the distribution would be by inheritance.

• S arise on birth and h arises on death.

Property of a person died intestate will be distributed according to the nature of the property. Separate
or self-acquired property- inheritance will apply

Slide-54-55

• Succession in dayabhaga and Mitakshara

We have a misconception that succession is equal to inheritance.This is not true .Most

of transfers in daybhaga is made through inheritance.Except in one case where relation
to wife ,wife attains property by survivorship .

In daybhaga they look into religious efficacy and not consanguity. For ex: A has son S
and daughter D. When A dies, property will go to son ,s and daughter D cant do
anything. S is in the best position to ensure A to go to heaven.

On mitakshara, property gets transferred on the basis of propinquity.

• In Dayabhaga, Succession = Inheritance alone

• Religious efficacy is the guiding principles for D. M – no such principle, though

sometimes consanguinity act as guiding principle.

• M selects heir on the basis of propinquity. D on the basis of religious efficacy ie

capacity for conferring spiritual benefit on the males of paternal and maternal
ancestors.
 • Both D and M prefer the nearest Sapindas

Slide-55

• Succession, in the sense of the partition or redistribution of the property of a former

owner is, in modern systems of law, subject to many rules.

• Such rules may be based on the will of a deceased person.

• However, there are cases in which a will cannot be expressed and eventuality, there
need to be some broadly accepted rules upon which the property shall devolve upon
those succeeding him. S = apply to the property of joint family.

Slide -56

• Principles of Inheritance

• Propositus : means the person from the descent is traced by the heir for the
purpose of connecting him with one whose property he inherits.
Ex: A has 3 bighas of property .A dies so property has gone to A’s son B.because
they have a relationship or connection . K gets property being son of S.here k is
the propositus .X1 gets property being son of K.

• Last full owner: the owner of property holding absolutely. Always male except in
stridhan. Ex; A dies leaving wife and brother .First W will get property as wife
until her lifetime. She’s not the absolute owner .

Again R dies , W will get property till her lifetime. No heirs of W will get property
as property gets distributed by the last full owner. So after W dies B will get
property.

Ex: A dies property will be divided into 3 wives , W1,W2,W3 containing 2 bighas
each. When W1 dies, property will go to A ,last full owner,then to W2 and W3,1
bighas each from 2 bighas from W1.When W2 dies ,it’ll go to A and then to B as
A is the last full owner and B also. Because property will be going to LFO.

• Fresh stock of descent: only a male except in Stridhan.

• Inheritance in Abeyance: cannot remain in abeyance in expectation of the birth

of preferential heir where such heir has not been conceived (if conceived a
girl!!) at the time of owner’s death. On death property vests to the nearest heir.

Inheritance must be with somebody.ownership of property must be attached

with a human.Ownership cannot stick with nothing.Property concept is such
that according to transfer of property act we can say an object a property when
there is person .No person no property.For a property to be , it must have an
 owner .Inheritance can never be in a zero state.The property cannot remain in
pending.It must be owned by somebody. Sometimes it needs to keep pending
that state is called abeyance.For ex: T dies and wife is pregnant,the property
should be in abeyance till 280 days until the baby is born.

Slide-57

• Principles of Inheritance

• Property once vested cannot be divested: except in case of the (a) birth of son
(on conceived), or (b) by Adoption.Exception in case of the a) birth of a son
b)Adoption. Ex: X dies, property vested to S1.W didn’t know about conceiving
S2.When S2 was born property will be divested between S1 and S2.

• Principle of Representation:
Representation is the principle of law by which the children, or their descendant
s, of an heir to an estate, who dies withoutleaving a will, have a collective intere
st in the intestate's share of the property. Taking by representation means takin
g perstirpes. Ex: A has 2 sons S1 and S2 .they are representing their father
A.Together they’ll get property equivalent to the whole of A’s property.

• Deceased A had two sons B, C where B died before A leaving two sons X
and Y. A’s 4 unit property will be distributed between X and Y as per
their father’s representation.

Slide-58

• Principles of Succession

• Spes Successionis

Means possibility of succeeding almost zero.Whether you’ll get the property or

not possibility is almost zero.Ex; when R dies, property will go to W. W will not
be fresh stock of descend.Till her death property will be with W.If W dies,
property will return back to R.Then according to LFO it will go to B at last.

Unti l W dies B has zero possibility of getting property .Because W may sell the
property.here B is the reversioner.

Reversioner-When all of the property of R is enjoyed by W and still some

property left.Then that property will go to B. He is the reversioner.
 • Mere chance of succession. During the lifetime of a person, the chance
of his heir apparent succeeding to the estate or the chance of a relation
obtaining a legacy under his will is a ‘Spes Successionis’.

• Such an expectancy does not amount to an interest in property and

cannot be made the subject matter of a transfer.

• Dodda Subbareddi v. Sunturu Govindareddi: established beyond doubt

that during the lifetime of the widow, the reversioner has no interest in
present in the suit property.

It is not a vested interest, but only an interest expectant on the death of

a limit heir. It cannot, therefore, be sold, mortgaged or assigned, nor
can it be relinquished.

Slide -59

• Principles of Succession

• Joint Tenancy , and Tenancy-in-common

• D, two or more inheriting jointly= co –heir and takes as tenant-in-

common. But widow and daughter take as joint tenant with right of
survivorship.

• Joint Tenants: The joint owners are regarded by the law as owning the
whole of the property without any form of separate share or distinction
between them. On the death of one of the Joint Tenants the whole of
the property passes to the survivor or survivors. It is like survivorship
.Joint tenancy is applicable where property is not clearly distributed.The
nature of it is such that nobody knows where does one’s property locate
or this is not possible to locate where does one exist.Then we follow
joint tenancy.

• Tenants-in-Common:  This means that the co-owners are regarded in

law as having separate and distinct shares.  Therefore they can sell, give
away or mortgage their shares. Succession Per Capita. Inheritance
where it is separable.

Whole Blood –Father and mother same.own siblings .

Half Blood: Where parents are different ,Father same mother different
and Vice versa.Stepbrothers or stepsisters.
Slide-60

• Principles of Succession

• Succession Per Capita: equality in succession ie members of the same stock take
equally the property inherited.

• Succession per stripes: Succession as per the stock, or representation.

• Whole or Half Blood: preference to the whole blood.

• Law of Dis-inherision: heritiable right of the heir does not depend on the
pleasure of the priprietor. So a mere will denying the right of an heir does not
necessarily disentitle him of the property unless the property is disposed to
other person. Just because the father has disposed property to other person
doesn’t mean his own son should be disinherited. Priority should be on
inheritance over disinheritance. If a father is angry over his son and denies to
give property still we’ll consider that father is willing to give property .Property
will not go to son is restrictively interpreted .We’ll liberally interprete
inheritance which will automatically happen. Even if there’s a provision for
disinheritance like papers or wills we’ll try to make sure son gets property. But if
the father particularly mentions that after his death, property will go to X ,then
there’s no way of saving son. But if it is not mentioned then just after his death
property will be transferred to the last full owner, that is to his son as property
can’t be in abeyance for long.

Slide-64

• A. Sapindas

Mitakshara sapindo upto 4Th degree +closer bandhu (wife,daughter).Ex-F-S-SS-

SSS+Bandhu.Son ,predeceased son’s son and ( PSPSS) will get equal proportionate of
property..For ex: F dies with 9 bighas, leaving S-SS-SSS so first it will go to S(9) then to SS(9) than
to (SSS).

• First: (1-3)

• Son, predeceased son’s son (pss), and (pspss).

Ex: F dies with 9 bighas , leaving S-SS-SSS so first it will go to S(9) then to
SS(9)then to SSS(9).

• They succeed simultaneously as one heir.

• They will get property according to doctrine of representation.

• This is the only case where the doctrine is applicable.

 F(9)-S2-SS1+SS2(ill)

S1(3)

S(3)-SS2-SSS(3)

Because SS1 and SS2 togetehr representing their father,S2.This is the only case
where the representation of doctrine is applicable .

• Illegitimate member will not inherit, only entitled for maintenance.

Illegitimate son will receive no property .Exception in sudras where illegitimate

son will receive property .They don’t belong to any caste,their rules are
different. For sudras they need to prove that the illegitimate son was not the
fruit of adulterous on incestuous intercourse and the mother was in the
exclusive keeping of father.Ex: X-S1+S2-M(ill) X has 2 son one legitimate one
illegitimate .Since they are sudra they don’t have any caste .Legal provision or
religious provision will not be applicable in fall on them.S2 can claim some
property.

• But for the Sudras the the law is different.

Ex:
Ex-

Ex-
Slide -65

• Rajani Nath Das vs Nitai Chandra De: Sudra illegitimate son is entitled to certain
rights of inheritance and partition.

• Provided that the mother was in the exclusive keeping of his father and
he was not the fruit of adulterous or incestuous intercourse.

• He inherits only father. No claims over collaterals nor having rights to

succeed to the Stridhan of his fathers’ wife.

• On partition he would get half of the legitimate brother.

• Adopted son = same as natural son.

• Second (4-6)

• Widow, predeceased son’s widow, and predeceased son’s predeceased son’s

widow

• Limited interest
Slide -66

• Widow’s limited estate known as ‘Widow’s Estate’.

• On her death the property reverts back the next heir of her husband, who are
known as reversioner.

• Widow with son: will inherit same share along with the son.

• 2 widows with son: two will inherit equal of the son.

• Widow is not entitled to agricultural land but she can claim maintenance from
the land.

• Unchaste widow will not inherit, but once the property is vested and then she
become unchaste = she will.

• Remarriage = disentitled her, but still she can inherit son or daughter’s self
acquired property.

Slide -67

• Widow gets property for life time because = she is deceased’s surviving half.

More than 1 widow= inherit as joint tenants with the possibility of survivorship
Slide -68

• Third (7) Daughter

• Daughter: in default of the widow, in default of the death of all the widows.

• Justification behind her claim: may produce a son who could present oblations.

• First to unmarried d, then to a daughter who has or likely to has a son; sonless
d= no claim.

• Barren daughter or widowed daughter= not entitled. But if such d with the
permission from her husband adopts son= entitled.

• Widowed sonless daughter- married again and possibility of son = entitled.

Unchaste daughter= not entitled; however property vested is vested

Slide 70

• Physical and Mental Defects

• Permanent blind, deaf, or dumb

• Lunacy by born

• Incurable Leprosy that makes someone unfit for social intercourse.

• Other incurable diseases

• Want of any limb or organ.

• Murder

• The murderer is disqualified to inherit the property of the victim

Generally murderes are not excluded ,they’ll be excluded only when they kill the person whom they’re
inheriting.
Slide 71

• Unchastity Anybody having sexual affairs beyond the marital relationshipsis said to be
unchaste.

• Disqualify all female heirs . If husband forgives? Even in that case. But it is not
bar to inherit a female.

• Change of religion and loss of caste

• Once these were ground. But on passing of Caste Disabilities Removal Act 1850,
it is no more the case.

• I have not found this Act.

• Adoption of religious order

• Person enters into religious order, renouncing all worldly affairs, tantamount to
civil death. When you’ve adopted to religious order, you’ve become sannyashi
or sage ,you’re tentamount to civil death. You’re considered dead.So,the person
who has died he cannot have any property. The moment You’ve become a
sageyou’ve deprived from all of the living property of your father or heirs.You
can’t claim property.

Slide-72

• The heir will succeed

• Disability personal ..so does not extend to the heir of the disqualified person. But adopted son is
not entitled.

But property once vested would not be divested

Slide-73

• Definition:

• Relinquishment of one’s right and the creation of another’s right without consideration.

• Essentials:

• Acceptance not required

• Transfer of possession –mandatory

• Registration – mandatory of ip.

• Signed by the donor

• Attested by at least two witnesses

Slide -74

• A Hindu can dispose of by gift or will his separate property subject to the claim of maintenance.

Gift to unborn person: under Hindu law not possible. But under TP Act (which is predominantly
regulating the gift by a Hindu) it is valid

Slide-75

• A gift to an unborn person:

• Shastric Law = not allowed [9 BLR 377] (Tagore vs Tagore)

• But the position has changed by The Hindu Transfer and Bequest Act 1914 and
The Hindu Disposition of Property Act 1916. This rule is subjected to the
provision of TP Act 1882.

• A gift to an Idol not in existance

Valid. Reason: the Deity is, in fact, always existant

Slide -77

• Wills: It is a type of gift that becomes effective after the death of the testator.For ex:

If A gives sth to B,without any consideration to B out of love and consideration that is gift.

But if the gift lays down the condition that A gifted his property to B and only it will be effective
after A’s death.

• A will or testament is a legal document by which a person, the testator,

expresses their wishes as to how their property is to be distributed at death,
and names one or more persons, the executor, to manage the estate until its
final distribution.

• Hindu law contains no provision

Wills were recognised in Nudden’s case [22 WR 74, 1772], Gope Raja Krishna and Rentoonoo vs
Ramgipal.

Difference between gift and Will

Gift takes its effect from the moment it is exceuted but gift is irrevocable unless unconditional gift.Will
starts to take into action the moment when testator dies. And will be revocable at any point of time and
always.

There is no hindu provision regarding will in hindu law .It arrived from England from nudden’s case.

Slide-79

• Stridhan

• Property over which women has [full] control.

• Gour’s Hindu Code: means the women’s property acquired by her otherwise than by
inheritance or partition, over which she has absolute power of disposal.

• Examples:

1) Property obtained by compromise, . Ex-property obtained by compromise. Suppose A

,Father has a daughter D,and son S. By default property is ought to go to S.But if father
gives /writes a will to give 1 bigha property to D ,it will be counted as streedhan.

gift from the relatives and strangers, property given in lieu of maintenance(Generally a woman is
maintained by her husband, father or sometimes brother), insurance policy assigned by the husband,
(For ex: If A makes an insurance that after he dies ,the property worth of 1 crore will go to his wife.This
property is her streedhan not an woman’s estate. gift at marriage, property acquired by herself.
Slide-80

• Succession of Stridhan

Under hindu law ,woman can get two kinds of property .

2) Stridhan – She ios the full owner. A half owner cannot exercise all the rights of a full owner
can.It means property by which women has full control or property in which one can
exercise full ownership. Power of disposal can be exercised only in stridhan. Ex-property
obtained by compromise. Suppose A ,Father has a daughter D,and son S. By default
property is ought to go to S.But if father gives /writes a will to give 1 bigha property to D ,it
will be counted as streedhan.

3) Women’s Estate-Limited Owner. She is the half owner.Her rights over her property is
limited.She cant sell,mortage property.

If a hindu woman dies, succession of stridhan depends on the type of property.There are 3 types
of property.

• Four classes of Stridhan

• A. Shulka: (present to induce the bride to go to hers husband’s house

It is a kind of bribe or encourage a daughter /bride for marriage. For ex: If W

dies, first it will go to brother,B before marriage in absence of B it will go to
mother and next to F. If married, it will go to husband.

• Full brother- mother- father – husband

• B. Yautaka At the moment of marriage, during or after marriage if the property

is given by father it is called yautuka.Her property will be distributed in this
manner.

• First Unbetrothed daughter – betrothed daughter- married d has or

likely to has d – barren married or childless widowed d – son- d’s son-
s’s

• C. Ayautuka- Gifts from father after marriage : same as previous with few
differences . Same distribution as yautuka.

Slide-81

• Ayautuka: gift from other sources / Self acquired property.

• Son and maiden daughter (equally) – married daughter having son or

likely to have son- s’s – d’s
Slide-82

• Widow’s Estate The property that women get from her husband or father by inheritance.

• A Hindu widow takes only a limited estate in the property of hers deceased
husband, inherited by her. The estate taken by her in such property is called
‘widow’s estate’.

• Nature of

• Traditionally = estate for life.

• But privy council (in 23 CLJ 777 PC 29 CLJ 539; 63 CLJ 263; 1936 cal 392)
observed that widows estate is neither a fee nor a estate for life, nor an estate
tail. It is fee simple (with certain restriction).

Slide-83

• Nature of maintenance :

• Personal right, thus cannot be transferred (B ut if it’s necessary to transfer for

only the purpose of maintenance then it can be transferred).

• The right cannot be defeated by gift or devise

• It is not, by itself a charge; it is a fit claimed to be so charged. However, there is

no doubt that widow’s maintenance is a charge. (Charge is when property is
being obstructed. Wife’s maintenance is achargeas women don’t have
anywhere to go. Absolute right she has over her husband. During marriage ,he
took oath to maintain wife. Other maintenance is not charge like maintaining
child.)

• Debts take precedents over the right of maintenance

• A person is under obligation to provide maintenance to:

A. Minor Son: both legitimate or illegitimate

Slide-84

• Daughter: till marriage = father; on father’s death d is entitled to be maintained out of

his estate.

• Wife: Wife is entitled –does not matter husband has property or not. Husband’s
personal obligation. In this wife has to remain with her husband

• Aged parents: personal obligation, a mandatory obligation.

• Concubine: entitled if she lives with him till death.

• Sister: unmarried and widowed entitled.

• Ghar-Jamai and his family: entitled