ADULTERY IN INDIA - A GROUND FOR DIVORCE
Adultery is extramarital sex that is considered objectionable on social, religious, moral or legal grounds. Though
what sexual activities constitute adultery varies, as well as the social, religious and legal consequences.
Historically, many cultures have considered adultery as a very serious crime. Adultery often incurred severe
punishment, usually for the woman and sometimes for the man, with penalties including capital punishment,
mutilation or torture
The expression 'living in adultery' refers to an outright adulterous conduct and the respondent lived in a quasi-
permanent union with a person other than the petitioner or the purpose of committing adultery, illicit conception,
living as concubine or kept as mistress does not mean living in adultery. After the commencement of the marriage
Laws (Amendment) Act 1976, even a single act of voluntary, sexual act by either party to the marriage with any
person other than his or her spouse will constitute ground for divorce for the other spouse. But under the old law
an isolated act of adultery did not attract the provision of s. 13(1)(i) of the Act, but provided a ground for judicial
separation. To maintain a distinction between divorce and judicial separation - e court should even in the context
of the Marriage Laws (Amendment) Act 1976, put suitor construction for granting the decree of divorce than the
decree of judicial separation. It is because the relation of the husband and wife has to be considered not only from
the point of view of the welfare of the husband and wife but also of the children of the marriage.
In case of Smt. Pushpa Devi v. Radheysham, it was held that it is not necessary to prove the fact of
adultery by direct evidence, normally adultery is proved by circumstantial evidence and the same may be
sufficiently proved from which adultery maybe inferred. The burden of proving adultery in a matrimonial case is
on the person who makes the allegation.
In case of Hargovinda Soni v. Ram Dulari, the court observed that it was no longer required that the
adultery must be proved beyond all reasonable doubts. The proof of adultery must be of such a character as would
lead a reasonable man to conclude no other inference than the misconduct.
Adultery, as a general rule, is proved by presumptive proof based on:
(i) circumstantial evidence,
(ii) evidence of non-access and the birth of children,
(iii) Contracting venereal disease,
(iv) evidence of visit to houses of ill-repute,
(v) admissions made In previous proceedings,
(vi) confessions and admissions of the parties’ Mere suspicion is not sufficient.
There must be circumstances amounting to proof that opportunities could be used, such as the association
of the parties was so clear that adultery might reasonably be assumed as the result of an opportunity for its
occurrence.
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CRUELTY : Hindu Marriage Act, 1955, Sec.13 (1) (ia) deals with the cruelty as a ground for divorce. The
concept of cruelty is a changing concept. The modern concept of cruelty includes mental and physical, intentional
or unintentional cruelty. Acts of cruelty are behavioral manifestations stimulated by different factors in the life of
spouses, and their surroundings and therefore; each case has to be decided on the basis of its own set of facts.
While physical cruelty is easy to determine, it is difficult to say what mental cruelty consists of. Perhaps, mental
cruelty is lack of such conjugal kindness, which inflicts pain of such a degree and duration that it adversely affects
the health, mental or bodily, of the spouse on whom it is inflicted. In Pravin Mehta v. Inderjeet Mehta, the court
has defined mental cruelty as ‘the state of mind.’
Some Instances of Cruelty are as follows-
(e) false accusations of adultery or unchastely (b) demand of dowry (c)refusal to have marital
intercourse/children (d) impotency (e)birth of child (f) drunkenness (g) threat to commit suicide
(h) wife’s writing false complaints to employer of the husband (i) incompatibility of temperament
(j) Irretrievable breakdown of marriage
In V.Bhagat v. D.Bhagat , a two judge Bench referred to the amendment that the earlier requirement that
such cruelty has caused a reasonable apprehension in the mind of a spouse that it would be harmful or injurious
for him / her to live with the other one is no longer the requirement. Thereafter, this court proceeded to deal with
what constitutes mental cruelty as contemplated in section 13 (1) (ia). In Dr. N.C. Dastane v. Mrs. S. Dastane,
the Supreme Court examined that the husband brought a petition for judicial separation on the ground of cruelty
as his wife used to give him a threat that she will end her own life or set her house on fire. She persistly abused
him and insulted his father. The court held that the conduct of wife clearly amounted to cruelty. But the husband
failed to explain the circumstances as to how he came to lead and live a normal sexual life with the wife after a
series of cruelty on her part. Therefore, the case of judicial separation was dismissed.
DESERTION UNDER HINDU MARRIAGE ACT, 1955
“The expression ‘desertion’ means the desertion of the petitioner by the other party to the marriage without
reasonable cause and without the consent or against the wish of such party, and includes the willful neglect of the
petitioner by the other party to marriage, and its grammatical variations and cognate expressions shall be
construed accordingly.”
"Desertion", for the purpose of seeking divorce under the Act, means the intentional permanent forsaking and
abandonment of one spouse by the other without that other's consent and without reasonable cause. Desertion is
not a single act complete in itself; it is a continuous course of conduct to be determined under the facts and
circumstances of each case.
In case of Bipinchandra v. Prabhavati it was held by the court that if a spouse abandons the other in a state of
temporary passions, for example, anger or disgust without intending permanently to cease cohabitation, it will not
amount to desertion. It further held:
"For the office of desertion, so far as the deserting spouse is concerned, two essential conditions must be there,
namely: (1) the factum of separation, and (2) the intention to bring cohabitation permanently to an end. The
further elements are : (i) without any reasonable cause, (ii) without the consent of the other party or against the
wishes.
The element of permanence which is a prime condition requires that both these essential ingredients should
continue during the entire satisfactory period.
Similarly two elements are essential so far as the deserted spouse is concerned:
(1) the absence of consent, and (2) absence of conduct giving reasonable cause to the spouse leaving the
matrimonial home to form the necessary intention aforesaid.
The petitioner for divorce bears the burden of proving those elements in the two spouses respectively.
Desertion may be classified under the following heads:-
(a) Actual desertion, (b) Constructive desertion, and (c) Willful neglect: it has been considered part of
constructive desertion.
In case of Dr. Srikant Rangacharya v. Smt. Anuradha the desertion of the petitioner by the other
party to the marriage without reasonable cause and without the consent or against the wishes of such party and
includes the "willful neglect" of the petitioner by the other party to the marriage. Thus, there need not even be a
physical withdrawal from the society of the spouse by the other spouse.
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MAINTENANCE OF WIDOWED DAUGHTER-IN-LAW.-
 Hindu law has recognized it to be the obligation of a joint family to maintain wives and widows of coparceners. 
A widowed daughter in law can claim maintenance against the joint family, as under Section 19 of the Act.
Section 19 (1) lays down that a Hindu wife, whether married before or after the commencement of this Act, shall
be entitled to be maintained after the death of her husband by her father-in-law.
 According to the Proviso to Section 19(1), the obligation of the father-in-law is not primary but conditional.
Proviso to Section 19(1) states that she can claim maintenance from her father-in-law only when she is unable to
maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to
obtain maintenance
(a) from the estate of her husband or her father or mother, or
(b) from her son or daughter, if any, or his or her estate.
  Section 19 (2) states that the father-in law is obliged to provide maintenance to such daughter-in-law
–  from any coparcenary property in his possession out of which the daughter-in-law has not obtained any share.
 The term coparcenary property includes ancestral property as interpreted by the judiciary in India. Thus, if
the father-in-law has no coparcenary property, he has no obligation to maintain the daughter-in-law.
In case of Jal Kaur v. Pal Singh the Punjab high court held that father in law has to maintain his
daughter in law to the extent of the coparcenary property in his possession and he must provide maintenance to
the daughter in law to the extent of the income from the coparcenary property.
In case of Kamini v. Chandra & Janak v. Nand Ram, the court stated that on the death of father-in-
law the moral obligation on him to maintain his daughter-in-law was converted into legal obligation against the
persons who inherited the property of the father-in-law.
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MAINTENANCE OR RIGHTS OF AGED, INFIRM PARENTS OF THE
CHILDREN.-
  Section 20 of the Act provides for the maintenance of children and aged parents. The obligation to
maintain one’s children is a personal obligation and arises out of personal relationship of parent and child. Under
the Hindu law, the father alone was under the obligation to maintain both – his legitimate and illegitimate
children. The modern law imposes the obligation on both parents to maintain illegitimate and legitimate children.
This obligation extends, ordinarily, to the minority of the children. The Act abolishes all distinctions between
legitimate and illegitimate children.
  Moreover, a Hindu parent is required to maintain his adopted child during the minority because he is
always under the obligation to maintain his natural child. The mere refusal of a son to reside with his father does
not entitle him to claim maintenance but the quantum of maintenance may be affected.
  According to Section 20(1), a Hindu is bound during the lifetime, to maintain the legitimate or
illegitimate children as well as the aged parents. Under the old Hindu law, the obligation to maintain one’s aged
parents is a purely personal obligation which was imposed on the son alone. Daughters had no such obligation.
The Act under Section 20 makes it an obligation for both sons and daughters to maintain their aged/ infirm
parents. In case of D. Krishna Prasad Rao v. Jayasri and others the court held that liability of the parents to
maintain their children is an absolute liability which cannot be circumvented.
 The obligation to maintain one’s aged parents exists only during their lifetime. The obligation being
personal exists independent of personal possession of any property.
 Section 20(2) states that a legitimate or illegitimate child may claim maintenance from either parent as long as
the child is a minor.
 Under the Act the obligation to maintain the aged parents are of personal nature under Section 20, yet
under Section 20(3), they are not absolute. Section 20 (3) states that one is required to maintain his aged parents
or unmarried daughter in so far as the parent or unmarried daughter is unable to maintain themselves out of their
own earnings or other property. In case of Padmavati v. Ram Chandra the court held that it is liability on the
son and the daughter to maintain their aged and infirm parents.
  Thus an unmarried daughter, even if she is a major, may claim for maintenance if she is unable to
maintain herself out of her own earnings or other property
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Maintenance pendente lite and expenses of proceedings (Section 24 HMA) :
Pendente lite is a Latin term meaning "awaiting the litigation" or "pending the litigation" which applies to court
orders which are in effect while a matter (such as a divorce) is pending. In divorce a pendente lite order is often
used to provide for the support of the lower income spouse while the legal process moves ahead.
Where in any proceeding under this Act it appears to the court that either the wife or the husband, as
the case may be, has no independent income sufficient for her or his support and the necessary expenses of the
proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the
expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own
income and the income of the respondent, it may seem to the court to be reasonable.
Maintenance Pendente-lite
(1)Maintenance granted to wife at exorbitant amount u/s 24 HMA in divorce petition filed by husband.
(2)In appeal to sec. 24 order at high court by husband, his petition dismissed in-limine stating that amount is ok;
without verifying the facts and income tax statement that husband has produced.
(3)In appeal filed by wife against sec. 24 , amount was doubled without listening to husband under the pretext that
he has delayed in filing reply. Reply returned by registry of high court on technical grounds was also produced
and fresh reply was also offered in the court itself but high court judge did not listen anything.
(4)Wife filed application under section 125 C.R.P.C. where husband was preceded ex-parte despite no serving of
summons as well as appearance put in by husband's advocate.
(5) Husband's all appeals dismissed while he attached his Income Tax return and other documents. Wife's all
counter appeals upheld and maintenance kept increasing ex-parte
(6) Now high court is about to dismiss husband's appeal against 125 orders on pretext that decision u/s 24 (Civil)
is binding upon husband in 125 (criminal) also. Husband was not listened at all, anywhere.
In case of Jasbir Kaur Sehgal v. District Judge, Dehradun, the court held that maintenance under
section 24 does not mean only base maintenance of food and clothing but also includes basic additional expenses
of education of child and quantum of maintenance has to be commensurate with the status of family.
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OBSTRUCTED HERITAGE (I.E. APRATIBANDHA DARA):
Property inherited by a Hindu from a person other than his father, grandfather or great grandfather is obstructed
heritage. It is called obstructed because the accrual of the rights to it is obstructed by the existence of the owner.
The owner holds it as his separate and absolute property. The relations of the owner do not take a vested interest
in it by birth. They are entitled to it only on the death of the owner. Thus the property which devolves on parents,
brothers, uncles, nephews, etc. on the death of the last owner is obstructed heritage.
Obstructed heritage devolves by succession except in the following cases in which it passes by survivorship.
1. Two or more sons, grandsons and great grandsons succeeding as heirs to the separate property of their paternal
ancestor take as joint tenants with rights or survivorship.
2. Two or more grandsons by a daughter who are living as members of a joint family succeeding as heirs to their
maternal grandfather take as joint tenants with rights of survivorship.
3. Two or more widows succeeding as heirs to their husband take as joint tenants with survivorship rights.
4. Two or more daughters succeeding as heirs to their father take as joint, tenants. But in the Bombay State, they
take absolute estate in severalty.
The Mitakshara Law recognizes the distinction between obstructed and unobstructed heritage, but under
Dayabhaga Law every kind of heritage is obstructed and it does not recognize any such distinction because
according to Bengal School no person at all acquires any interest by birth in the property of another and the rule
of survivorship does not apply to this school.
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COPARCENARY: MITAKSHARA VS. DAYABHAGA
The following are the features:
1. How long has the Coparcenary arise?
 DAYABHAGA - no right by birth as on Coparcenary. After the death of Father, his sons constitute
a Coparcenary. MITAKSHARA- Right by birth.
2. Nature of interest:
 DAYABHAGA- there is a defined interest. it does not pass by survivorship.
MITAKSHARA- Coparcener share is not defined. it fluctuate by birth and death of coparcener.
3. Expansion of Coparcenary:
DAYABHAGA- On the death of one of his heirs becomes coparceners.
MITAKSHARA- only males can be coparceners.
4. Aieleen’s right to ask for partition:
DAYABHAGA- any equity is held for an Alienee for a suit of partition. Can ask for a joint possession with
coparcener. MITAKSHARA- there is no definite share for an Alienee, but he may file a suit for the partition.
hence suit is the only appropriate remedy.
5. Persons entitled to partition:
DAYABHAGA- The law does not confer on SON a right of birth hence he has no right for partition against the
Father. MITAKSHARA- SONS can institute a suit of partition even against the Father.
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DIFFERENCES BETWEEN THE TWO SCHOOLS IN SUCCESSION-
1. Mitakshara- Property of a deceased Hindu is partitioned into two ways as the property is of two types- (a)
Ancestor’s property, (b) Separate property. Ancestor’s property is partitioned in accordance to the Rules of
Survivorship. But a Separate property is partitioned to the descendants.
Dayabhaga- Property is of two types- (a) Joint, (b) Separate. The descendants inherits the property whatever type
it is.
2. Mitakshara- In default of close heir, brother and immediate survivors inherit, the wife does not inherit.
Dayabhaga- If coparcener dies, his widow will get the property in default of a close heir but she cannot alienate.
3. Mitakshara- The order of heirs is decided by mereness of blood.
Dayabhaga- The order of heirs is decided by the competence to offer Pinda and Sraddho to the deceased.
Effect of migration
A person follows the school of his area. But if he migrates to another place, he will follow the School of that
locality. This has been decided in various cases-
Gope v. Manjura Govalin- The burden of proving migration lies on him who pleads it. The original place of a
family can be inferred from the chief characteristics of that family.
Keshavarao v. Swadeshrao, 1938- Migration means leaving to another place forever. But if a place is divided into
two administrative area, that will not be regarded as migration.
DIFFERENCE BETWEEN DAYABHAGA AND MITAKSHARA IN HINDU LAW
The term “Dayabhaga” is derived from a similarly named text written by Jimutavahana. The term-, “Mitakshara”
is derived from the name of a commentary written by Vijnaneswara, on the Yajnavalkya Smriti. The Dayabhaga
and The Mitakshara are the two schools of law that govern the law of succession of the Hindu Undivided Family
under Indian Law. The Dayabhaga School of law is observed in Bengal and Assam. In all other parts of India the
Mitakshara School of law is observed. The Mitakshara School of law is subdivided into the Benares, the Mithila,
the Maharashtra and the Dravida schools.
The differences between the Dayabhaga and the Mitakshara schools of law may be categorized under the
following:-
I] Joint Family: – According to the Mitakshara law school a joint family refers only to the male member of a
family and extends to include his son, grandson and great-grandson.. Under the Dayabhaga law school the son has
no automatic ownership right by birth but acquires it on the demise of his father.
2] Coparcenary/Co-ownership:-Under the Mitakshara law school all the members of the Joint family enjoy
coparcenary rights during the father’s lifetime. Under Dayabhaga School when the father is alive the sons do not
have coparcenary rights but acquire it on the death of the father
3] Partition: –In the case of the Mitakshara School the intention involves holding the property in defined definite
shares while in the Dayabhaga School there has to be a physical separation of the property into specific portions
and assigning of separate share to each coparcener.
4] Rights of Woman: – In the Mitakshara system the wife cannot demand partition. She however has the right to
a share in any partition affected between her husband and her sons. Under the Dayabhaga this right does not exist
for the women because the sons cannot demand partition as the father is the absolute owner.
Conclusion: – The Mitakshara system is Conservative. It provides good security in times of difficulties as a
member can rely on the joint family. However sometimes a member can become a parasite. The Dayabhaga
system is more liberal. Among the two the Dayabhaga is more likely to last in modern times with the growth of
individualism, individual enterprise and economic compulsions.
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THE IMPORTANCE OF MITAKSHARA
The Mitākṣharā is a legal commentary on the Yajnavalkya Smriti best known for its theory of "inheritance by
birth." It was written by Vijñāneśvara, in early twelfth century
As it is well known, the Mitakshara prevailed all over India except in Bengal and Assam where the Dayabhaga
prevailed. The Mitakshara is a commentary on only one Smriti called Yajnavalkya Smriti, whereas Dayabhaga is
a digest of all the Smritis.
The importance of the Mitakshara therefore is that it teaches us to have respect for intellect and learning wherever
it may come from. As the Rig Veda says, "Let noble thoughts come to us from every side."
which means "A king is worshipped only in his own country, but a learned man is worshipped everywhere."
This is the lesson which the Mitakshara teaches us in the 21st century. If India has to rise as a nation we must not
be sectarian or chauvinist but all must feel like Indians living like a united family and must respect each other,
whether we come from North or South, East or West.
The second importance of Vijnaneshwara's Mitakshara in India in the 21st century is the great progress it made in
traditional Hindu law by making it secular Until the Mitakshara of Vijnaneshwara came into existence; Smritis
and commentaries were largely religious and not secular. It was the Mitakshara which was the first to make the
laws of property and inheritance secular.
Order of succession and manner of distribution among heirs of a female Hindu- The
order of succession among the heirs referred to in Section 15 shall be and the distribution of the intestate’s
property among those heirs shall take place according, to the following rules, namely:
 Rule 1. - Among the heirs specified in subsection (1) of Section 15, those in one entry shall be preferred to
those in any succeeding entry and those including in the same entry shall take simultaneously.
 Rule 2. - If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children
alive at the time of the intestate’s death, the children of such son or daughter shall take between them the share
which such son or daughter would have taken if living at the intestate’s death.
 Rule 3. - The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and (e) of sub-
section (1) and in subsection (2) to Section 15 shall be in the same order and according to the same rules as would
have applied if the property had been the father’s or the mother’s or the husband’s as the case may be, and such
person had died intestate in respect thereof immediately after the intestate’s death.
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WHAT IS ‘ANTECEDENT DEBTS’ UNDER THE HINDU LAW?
“Antecedent” literally means prior or preceding in point of time, but the words “antecedent debt” as used in Hindu
Law implies two things, (a) antecedent in time, and (b) antecedent in fact in nature, that is to say, the debt must be
truly independent of and not part of the transaction impeached. Lord Dunedin defined the antecedent debt as
“antecedent in fact as well as in time”. Thus, two conditions are necessary—
(a) The debt must be prior in time, and
(b) The debt must be prior in fact.
The Supreme Court re-affirmed that the “antecedent debt” means antecedent in fact as well as in time, that is to
say, that the debt must be truly independent of and not part of the transaction impeached. The debt may be
incurred in connection with a trade started by the father. The privilege of alienating the whole of joint family
property for payment of an antecedent debt is the privilege only of the father, the grand-father and great grand-
father qua the son or grand-son only.
Thus, the father has got the power to sell or mortgage the joint family property for the payment of the debt, may it
be for his personal benefit. It would be binding on sons, provided—(a) the debt was antecedent to the alienation,
and (b) It was not contracted for an immoral purpose. In Brij Narain v. Mangala Pd. the Privy Council laid down
the following propositions:—
1. The Karta of a joint family except for legal necessity cannot alienate the joint property nor can mortgage it.
2. If a decree has been passed for the payment of the debt it can be executed against the entire estate, provided the
son and the father living jointly.
3. He cannot mortgage the joint family property unless the mortgage was done for the payment of some
antecedent debt.
4. “Antecedent debt” means a debt which is prior in time as well as in fact.
5. The fact that the father is alive or dead does not affect the liability.
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DOCTRINE OF PIOUS OBLIGATION
"The doctrine of pious obligation under which sons are held morally liable to discharge their father's debts is
based solely on religious considerations; the doctrine inevitably postulates that the father's debts must be
vyavaharik. If the debts are not vyavaharik or are avyavaharik the doctrine of pious obligation cannot be
invoked." The principle relating to the liability of the sons for debts incurred by the father may be briefly
recapitulated.
 In respect of debts contracted by the father, even for his personal benefit, at a point of time when he is joint
with his sons, the sons are liable to pay such debts, unless the debts were incurred for immoral or illegal
purposes.
 This liability of the sons, which had its origin in an obligation of piety and religion, has since metamorphosed
into one of legal liability but this 'does not, however, extend to debts tainted with immorality.
 The liability is not, however, personal in the sense that the creditor of the father cannot proceed either against
the person or separate Property of the sons, but such liability is Restricted to the interest of the sons in the
family property.
 It is settled that if the debt is contracted by the father after partition, the son cannot be made liable
 If, however, the debt is a pre-partition debt, the share of the sons would be liable even after partition, if the
debts of the father are not immoral or illegal and the partition arrangement does not make any provision for the
discharge of such debts.
 In case a creditor institutes a suit for the recovery of a debt against the father before partition and obtains a
decree, the sons would be liable to discharge the decree passed against the father even after the partition.
 Even in respect of a pre-partition debt, if a suit is instituted against the father, after partition, but he dies and
his separated sons are impleaded as legal representatives, the remedy of the decree-holder against the shares
allotted to the sons on partition would be in execution and not by way of an independent suit.
Thus the liability of the interest of the sons in such cases to discharge the debts incurred by the father is
undisputed, though the method and manner of its enforcement by the creditor would vary and the sons must be
afforded every opportunity, be it in a suit or execution proceedings to question the binding nature of the debt' or
liability.
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WHAT IS THE RULE OF DAMDUPAT UNDER HINDU LAW?
The rule of damdupat is a branch of the Hindu Law of debts. According to this rule, the amount of interest which
can be recovered at any one time cannot exceed the principal amount. In other words, this rule prohibits the
recovery, at any one time, of interest in excess of the principal amount of the loan.
The rule applies not only to unsecured loans, but also to loans secured by a pledge of movable property or by a
mortgage of immovable property. Although the Madras High Court has held that the rule of damdupat does not
apply to mortgages executed after the Transfer of Property Act, 1882, came into force, a contrary view has been
expressed by the High Courts of Bombay, Calcutta and Nagpur.
The reason behind this rule is that the ancient Hindu Law did not recognise any rule of limitation for the recovery
of debts. Every debt which was lawful was binding on the debtors, irrespective of the time which passed after the
liability was incurred. It was, therefore, thought fit to impose a restriction on the amount of interest which could
be recovered by the creditor, and it is precisely such a restriction that is imposed by the rule of damdupat.
It may be noted that the rule of damdupat does not affect the Limitation Act, 1963. According to that Act, the
period of limitation for a suit to recover money lent is three years. A creditor may, therefore, sue for the loan
amount and for the arrears of interest, but in cases to which the rule of damdupat applies, he cannot, at any one
time, recover interest which exceeds the principal amount.
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CLASS IST HEIRS:
Heirs in class I of the Schedule. -The property of an intestate shall be divided among the heirs in class I of the
Schedule in accordance with the following rules:
 Rule 1. - The intestate’s widow, or if there are more widows than one, all the widows together, shall take one
share.
 Rule 2. - The surviving sons and daughters and the mother of the intestate shall each take one share.
 Rule 3. - The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall
take between them one share.
 Rule 4. - The distribution of the share referred to in Rule 3-
 (i) Among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together)
and the Surviving sons and daughters gets equal portions; and the branch of his predeceased sons gets the same
portion;
 (ii)Among the heirs in the branch of pre-deceased daughter shall be so made that the surviving sons and
daughters get equal portions.
CLASS IIND HEIRS
i. Father
ii. (1) Son's daughter's son, (2) son's daughter's daughter, (3) brother, (4) sister
iii. (1) Daughter's son's son, (2) daughter's son's daughter, (3) daughter' daughter's son, (4) daughter's daughter's
daughter.
iv. (1) Brother's son, (2) sister's son, (3) brother's daughter, (4) sister's daughter.
v. Father's father; father's mother.
vi. Father's widow; brother's widow.
vii. Father's brother; father's sister.
viii. Mother's father; mother's mother
ix. Mother's brother; mother's sister.
Class I heirs take simultaneously to the exclusion of all other heirs. Heirs in the first entry of Class II shall be
preferred to those in the second entry; those in the second entry shall be preferred to those in the third entry; and
so on in succession.
GENERAL RULES OF SUCCESSION - FEMALE HINDUS:
The property of a female Hindu dying intestate shall devolve:
1. firstly, upon the sons and daughters (including the children of any predeceased son or daughter) and the
husband; 2. Secondly upon the heirs of the husband; 3. Thirdly, upon the mother and father; 4. fourthly, upon the
heirs of the father; and; 5. lastly, upon the heirs of the mother
However, if any property is inherited by a female Hindu from her father or Mother it shall devolve in the absence
of any son of daughter of the deceased not upon the heirs referred to above but upon the heirs of the father; and
any property inherited by a female Hindu from her Husband or from her father in law shall devolve, in the
absence of any son or daughter of the deceased (including the children of any predeceased son or daughter) not
upon their referred to above, but upon the heirs of the husband
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WHAT IS INTELLECTUAL PROPERTY?
Intellectual Property (IP) refers to the protection of creations of the mind, which have both a moral and a
commercial value.
IP law typically grants the author of intellectual creation exclusive rights for exploiting and benefiting from their
creation. However, these rights, also called monopoly right of exploitation, are limited in scope, duration and
geographical extent.
IP protection is intended to stimulate the creativity of the human mind for the benefit of all by ensuring that the
advantages derived from exploiting a creation benefit the creator. This will encourage creative activity and allow
investors in research and development a fair return on their investment.
IP confers on individuals, enterprises or other entities the right to exclude others from the use of their creations.
Consequently, intellectual property rights (IPRs) may have a direct and substantial impact on industry and trade as
the owner of an IPR may - through the enforcement of such a right - prevent the manufacture, use or sale of a
product which incorporates the IPR.
IP protection encourages the publication, distribution and disclosure of the creation to the public, rather than
keeping it secret while at the same time encouraging commercial enterprises to select creative works for
exploitation.
Intellectual property legal titles relates to the acquisition and use of a range of rights covering different type of
creations. These may be industrial or literary and artistic.
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DONATIO MORTIS CAUSA OR DEATHBED GIFT
A death-bed gift, made by a dying person, with the intent that the person receiving the gift shall keep the thing if
death ensues.
A death-bed gift, made by a dying person, or othwerwise in contemplation of death, and conditional thereon, with
the intent that the person receiving the gift shall have the thing if death ensues.
"Where a man lies in extremity, or being surprised with sickness, and not having an opportunity of making his
own will; but lest he should die before he could make it, he gives with his own hands his goods to his friends
about him: this, if he dies, shall operate as a legacy; but if he recovers, then does the property revert to him".
"A gift is a gratuitous transfer of the ownership of property.  It is usually effected by a transfer during the lifetime
of the donor or through the donor’s Will.  A gift that has the same characteristics as an inter vivos gift, but does
not take effect until death is known as a donatio mortis causa (gift in contemplation of death).
"There are three essential elements that must be present for a transfer of property to be classified as a
donatio mortis causa.... (1) impending death from an existing peril, (2) delivery of the subject matter; and (3) the
gift is only to take effect upon death and will revert to the donor  should he/she recover....
"The donor of a donatio mortis causa may revoke the gift at any time before death. The gift is
conditional until the donor dies. The essence of a donatio mortis causa is that the property will revert to the donor
if the imminent death does not occur."
Such a gift is exempted from the estate of the deceased, as it no longer belongs to the deceased at the moment of
death as it is deemed to have been transferred retroactively, from the moment the gift was made.
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THE CONCEPT OF DEBTS
‘Man gets easy access to the objects created by God, hence he becomes indebted to the deities. He acquires the
knowledge generated by the ancient sages so he becomes indebted to Them. He remains indebted to his ancestors
as they have propagated their lineage and are the cause for his birth. Apart from this every man with whom one
has had some sort of contact must have given one something explicitly or secretly. This is the debt unto society.
Every individual has to repay all these four debts’.
The Taittiriya Sanhita quotes that one born as a Brahman has three debts to pay. The three debts to sages, deities
and ancestors can be repaid by studying and acquiring knowledge (and if possible adding matter to the existing
knowledge), by hosting and performing ritualistic worship (puja) and by (righteous) procreation respectively. The
holy text the Shatpath Brahman  improvised this concept, added the debt unto mankind (manushyarun) and
applied this doctrine to all mankind. Mutual co-operation and serving others can help to repay this debt unto
mankind. In the concept of the five debts, the debt unto guests (atithirun) is included instead of the debt unto
mankind and the fifth debt unto the cosmic elements and everything that arises out of them (bhutrun) is added.
These debts are repaid by performing the five great sacrificial fires (panchamahayadnya) in the stage of the
householder. It is preached that heaven cannot be attained without repaying these debts.
RESTITUTION OF CONJUGAL RIGHTS IN HINDU MARRIAGE ACT
If your spouse has left you without giving any reasonable ground, the Hindu Marriage Act 1955 gives LEGITIMACY OF CHILDREN OF VOID AND VOID ABLE MARRIAGES
you remedy in the form of Section 9 under the restitution of conjugal rights. The section 9 of the HMA reads that Section 16 of the Hindu Marriage Act deals with the matter of Legitimacy of children of void and voidable
when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the marriages. The section 16 contains three sub-sections and it wiped out the old concept of illegitimacy from the
aggrieved party may apply for restitution of conjugal rights. society of Hindus
What the aggrieved party needs to do is file a petition to the district court and on being satisfied of the (1) Notwithstanding that marriage is null and void under section 11, any child of such marriage who would have
truth of the statements made in such petition and that there is no legal ground why the application should not be been legitimate if the marriage had been nullify, shall be legitimate, whether such child is born before or after the
granted, the judge may decree restitution of conjugal rights in his favor. commencement of the Marriage Laws and a decree of nullity is granted in respect of that marriage under this Act
Three essential conditions for Section 9 of HMA and whether or not the marriage is held to be void otherwise than on a petition under this Act.
Firstly, one party must have withdrawn from the society of the other; secondly, the withdrawal must be without (2) Where a decree of nullity is granted in respect of a voidable marriage under section 12, any child begotten or
any reasonable reason, and thirdly, the aggrieved party applies for the restitution of conjugal rights. Once these conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at
conditions are fulfilled, the district court may decree of restitution of conjugal rights to bring about cohabitation the date of the decree it had been dissolved instead of being annulled, shall be deemed to be their legitimate child
between the estranged parties. notwithstanding the decree of nullity.
Burden of proof under Section 9 of the HMA (3) Notwithstanding contained in sub section (1) or sub-section (2) shall be construed as conferring upon any
Burden of proof operates at two levels. Firstly, burden of proof is on the aggrieved/petitioner who needs to prove child of a marriage which is null and void or which is annulled by a decree of nullity under section 12, any rights
that the respondent has withdrawn from his society. Once that burden is discharged by the petitioner, it falls on the in or to the property of any person, other than the parent.
respondent to prove that there exists a reasonable excuse for the withdrawal. So the object of Section 16 of the Hindu Marriage Act is to confer the status of legitimacy of children born in void
******************************************************************************************* and voidable marriages. Section 16 by legal fiction lays down that even if a child born of void or voidable
DIFFERENCE BETWEEN VOID AND VOIDABLE MARRIAGE marriage is conferred with the status of legitimacy but it is debarred from inheriting to property of any person
Void Marriage Voidable Marriage other than it's parents. Yagarlamudi Sujata V. Krishan Prasad
A marriage which is void ab initio is a total nullity. A voidable marriage remains valid and binding till
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A marriage is non-existent in such a case and does avoided. It is and continues to be valid marriage for DIVORCE BY MUTUAL CONSENT ( SEC 13-B)
not affect or alter the status of the parties. Moreover, all the purposes till a decree annulling it is passed (1) Subject to the provision of this Act a petition for dissolution of marriage by a decree of divorce may be
it does not create any rights and obligations of the under Section 12. presented to the district court by both the parties to a marriage together, whether such marriage was solemnized
parties, which normally result from a valid marriage. before or after the commencement of Marriage Laws , on the ground that they have been living separately for a
period of one year or more, that they have not been able to live together and that they have mutually agreed that
Parties to a void marriage are criminally liable. No penalty is laid down for a voidable marriage.
the marriage should be dissolved.
A void marriage is void ab initio and it can be held While for a voidable marriage, to put an end to it, (2) On the motion of both the parties made no earlier than six months after the date of presentation of the
to be so without a formal declaration by a court annulment is necessary. petition referred to in sub section (1) and not later than eighteen months after the said date, if the petition is not
under Section 11. withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such
Section 11 applies to a void marriages only Section 12 applies to marriages contracted before or inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a
contracted after the commencement of the Act. after the commencement of the Act. decree of divorce declaring the marriage to be dissolved with effect from the date of the decree]
COMMENTS
In case of Section 11 the Act itself declares a The remedy available under Section 12 is an optional
Where a petition for divorce is moved under s. 13 the same can be converted into a petition under s.
marriage to be null and void without any action on remedy, i.e., the party concerned has to take the aid of
13B provided it is duly signed by both the parties and thereby giving issue to a divorce on the ground of mutual
the part of any spouse. Of course, nobody can stop a a court for an annulment decree.
consent.-Kuljit Kaur v. Harjit Singh
spouse from getting a declaration of nullity for the
Where one of the parties has withdrawn the consent then the petition moved and section 13B has to be
purpose of precaution and for the record. Children
dismissed.-Gautam Basu v. Nina Basu
born out of void and voidable marriages are
legitimate (Section 16). **********************************************************************
It is not necessary that a decree declaring a void But a voidable marriage will remain a valid marriage Judicial Separation
marriage as void is passed. The parties to a void till a decree annulling it is passed. (1) Either party to a marriage, whether solemnized before or after the commencement of this Act, may
marriage may perform another marriage without present a petition praying for a decree for judicial separation on any of grounds specified in sub-section (1) of
getting a decree declaring their marriage as void and section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on
neither will be guilty of bigamy. which a petition for divorce might have been presented.]
(2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to
cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied
of the truth of statements made in such petition, rescind the decree if it considers it just and reasonable to do so.
 COMMENTS
Where the wife deprived her company for two and a half years and for this there was no fault on the part of
husband it was held that it indicated the disruption of marriage and it would be ridiculous to allow marriage to
survive.- Ratneshwar Misra v. Prem lata Devi
Petty domestic quarrels, because being the presence of mother in law in the family, cannot be treated as mental
cruelty.-Yashoda Dai .v. K.B.Kalavkar
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HINDU LAW IS NOT A LEX-LOCI
Hindu law has two main schools: the Mitakshara School and Dayabhaga School. The is a commentary on the code
of Yajnavalkya and is written by Vijnaneshwar. The Dayabhaga is a digest of all the codes and is written by
Jimutavahana. The Mitakshara is the orthodox school, whereas the Dayabhaga is a reformist school of Hindu
Law.
The Dayabhaga prevails in Bengal and North-East States and it has no sub-schools. The Mitakshara prevails in
rest of India and it has four sub-schools, the Benaras (Northern and North-west), the Bombay (Western), the
Mithila (Bihar), and, the Dravida or Madras school (South India). Although the Dayabhaga prevails in Bengal, the
Mitakshara is also regarded there, as a very high authority on questions in respect whereof there is no express
conflict between the two. Likewise, the Dayabhaga is also referred to sometimes in a case governed by
Mitakshara law, on points on which the latter is silent.
Where a Hindu family migrates from Maharashtra (where the Mitakshara law prevails) to Bengal (where the
Dayabhaga prevails), the presumption is that the family continues to be governed by the Mitakshara law unless it
is shown that the family has abandoned the law of the province of its origin (i.e. Maharashtra) and adopted the law
of the province where it has settled. Thus, the Hindu law is not a lex loci i.e. a local law, but it is , in every sense,
a personal law.
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INDIAN LAWS FOR RIGHT OF A CHILD IN WOMB
In Hindu law, a child in the womb also has the right to a share. A child who was in the womb at the time of death
of an intestate and who is subsequently born alive has the same right to inherit to the intestate as if he or she had
been born before the death of the intestate, and the inheritance shall be deemed to vest in such a case with effect
from the date of the death of the intestate.
However, if it is not possible to reschedule the partition, a share must be kept aside and that share must be equal to
the coparcener’s share. If, in case, the partition takes place without keeping a coparcener share for the unborn
child, the after born son has the right to get the partition reopened.
Indian Laws: Joint Share with Father
The son has an important place in Indian laws pertaining to inheritance and succession. Indian laws do not entitle
an after born son to reopen the partition if his father has got his share.  If the father gets his share, the son becomes
a coparcener with the father. He can claim his father’s share as well as separate property of his father. A child,
who is born after the partition of the joint family, is not to be counted as the member of the joint family.
In case of M S Subbukrishna v. Parvathi,
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DOCTRINE OF FACTUM VALET
The doctrine of factum valet was applied by the British Courts in India, whilst administering Hindu Law, on
grounds of equity, justice and good conscience. Thus, this principle has been applied to validate the marriage of a
girl who was given away in marriage by her mother, in violation of the text of Yajnavalkya, which confers a
preferential right of giving away the bride to the father, on the ground that the text laid down only a moral precept.
However, the doctrine applies only to directory, and not mandatory, texts.
1. CONVENTIONAL CUSTOM, 2. PERSONAL CUSTOM, 3. LOCAL CUSTOM, 4. GENERAL CUSTOM.
ESSENTIALS FOR A VALID CUSTOM:
1. REASONABLENESS: The custom must be reasonable. It should satisfy the principles of Natural justice. If a
custom is unreasonable, then it is not valid and will not become a law a law.
2. CONFORMITY: The custom should be in conformity with the established law of the land. If a custom is
inconsistent with the law of the land, then it is invalid.
3.OPINION : The public must feel that the particular custom is beneficial for them. They must think that such a
custom is a binding rule of the community and it should not be of individual choice.
4.OBSERVANCE : A mere practice of custom will not become law. It must be observed freely and voluntarily.
5.IMMEMORIAL ANTIQUITY : The origin of the Custom should be from time immemorial. Recent customs
or modern customs are not valid customs. Fashion is not custom.
6. CONTINUITY: The custom should be followed without interruption. It must be followed continuously.
7. PEACEFULNESS: The custom must have been observed peacefully.
8. CERTAINTY: The custom must be certain and definite. It should not be vague. 9. CONSISTENCY WITH
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What is the Rule of Doctrine of Relation Back under Hindu Adoption Laws?
According to this doctrine a son adopted by the widow under the authority of her husband was deemed to have
come into existence in the adoptive family on the day the husband died, the adopted son was put in the position of
posthumous son and all his relations in the adoptive family related back to the date of the death of his adoptive
father by legal fiction.
This theory was based on a doctrine that there should be no hiatus in the continuity of the line of adoptive father.
The doctrine has got the relevance with respect to succession of the property of the adoptive father.
The rule had two exceptions:—
(1) That any lawful alienation effected by a female heir since the death at the adoptive father and before the date
of adoption was binding on the adopted son.
(2) That if the property by inheritance went to collateral, the adoption could not divest the property which was
vested in the heir of the collateral.
In Sripad Gonjam v. Datta Rant Kashi Nath, Supreme Court has explained the meaning of the doctrine of
relation back in the following words, “when a widow adopts a son to her husband, doctrine makes sonship
retrospective from the moment of the death of the late husband.”
In Nivrutti Kushaba Binnar and others v. Sakhabai, Bombay High Court has explained the meaning of the
doctrine of relation back. According to this doctrine when son was adopted by a female after husband’s death,
than it must be held that he was born in the adopted family at the time of death of male member.
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Wife's right to separate residence without forfeiting the right to maintenance
Section 18(2) says that a wife can live separately and still claim maintenance from husband in the following
situations.
1. Desertion: It the husband is guilty of deserting the wife without her consent, against wife's wishes, and without
any reasonable cause, the wife is entitled to separate residence. In the case of Meera vs Sukumar 1994 Mad, it
was held that willful neglect of the husband constitutes desertion.
2. Cruelty: If husband through his actions creates sufficient apprehension in the mind of the wife that living with
the husband is injurious to her then that is cruelty. In the case of Ram Devi vs Raja Ram 1963 Allahbad, if the
husband treats the wife with contempt, resents her presence and makes her feel unwanted, this is cruelty.
3. If the husband is suffering from a virulent form of leprosy.
4. If the husband has another wife living. In the case of Kalawati vs Ratan 1960 Allahbad, is has been held that
it is not necessary that the second wife is living with the husband but only that she is alive.
5. If the husband keeps a concubine or habitually resides with one. In the case of Rajathi vs Ganesan 1999 SC, it
was held that keeping or living with a concubine are extreme forms of adultery.
6. If the husband has ceased to be a Hindu by converting to another religion.
7. For any other reasonable cause. In the case of Kesharbai vs Haribhan 1974 Mah, it was held that any cause
due to which husband's request of restitution of conjugal rights can be denied could be a good cause for claiming a
separate residence as well as maintenance. In the case of Laxmi vs Maheshwar 1985 Orrisa, it was held that if
the husband fails to obey the order of restitution of conjugal rights, he is liable to pay maintenance and separate
residence. In the case of Sobha vs Bhim 1975 Orrisa, mere drinking habit is not a sufficient cause for separate
residence. 
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CIVIL DEATH
In common law, civil death refers to the loss of all civil rights by a person who had been sentenced to death or
declared an outlaw for committing a felony or treason. This included the loss of right to contract, the right to sue,
and the right to protection under the law. Such an individual forfeits his or her civil rights, including the ability to
marry, the capacity to own property, the right to contract, the right to sue, and the right to protection under the
law.
Today, it refers the forfeiture of rights and privileges of an individual who has been convicted of a serious crime.
It involves the imposition of numerous disabilities, like the denial of the privilege to vote, to hold public office,
and to obtain many job and occupational licenses. In addition, an offender cannot enter into contracts, and may
not obtain insurance and pension benefits. The offender may also be deprived of the right to commence certain
lawsuits in court.
Civil death is provided for by statute in some states. Most civil death statutes apply only to offenders who have
been sentenced to a life term. Civil death also refers to the state of a corporation that has formally dissolved or
become bankrupt, leaving an estate to be administered for the benefit of shareholders and creditors.
NATURAL GUARDIANSHIP OF ADOPTED SON: The natural guardianship of an adopted
son who is a minor passes, on adoption, to the adoptive father and after him to the adoptive mother.
Powers of natural guardian:-
(1) The natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which
are necessary for the benefit of the minor or for the realization, protection or benefit of the minor’s estate; but the
guardian can in no case bind the minor by a personal covenant.
(2) The natural guardian shall not, without the previous permission of the court-
(a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of
the minor, or
(b) lease any part of such property for a term exceeding five years or for a term extending more than one year
beyond the date on which the minor will attain majority.
(3) Any disposal of immovable property by a natural guardian, in contravention of sub-section (1) or sub-section
(2), is voidable at the instance of the minor or any person claiming under him.
(4) No court shall grant permission to the natural guardian to do any of the acts mentioned in sub-section (2)
except in case of necessity or for an evident advantage to the minor.
(5) The Guardians and Wards Act, 1890, shall apply to and in respect of an application for obtaining the
permission of the court under sub-section (2) in all respects as if it were an application for obtaining the
permission of the court under section 29 of that Act, and in particular-
(a) proceedings in connection with the application shall be deemed to be proceedings under that Act within the
meaning of section 4A thereof;
(b) the court shall observe the procedure and have the powers specified in sub-sections (2), (3) and (4) of section
31 of that Act; and
(c) an appeal shall lie from an order of the court refusing permission to the natural guardian to do any of the acts
mentioned in sub-section (2) of this section to the court to which appeals ordinarily lie from the decisions of
that court.
TESTAMENTARY GUARDIANS AND THEIR POWERS.-
(1) A Hindu father entitled to act as the natural guardian of his minor legitimate children may, by will, appoint a
guardian for any of them in respect of the minor's person or in respect of the minor's property or in respect of
both.
(2) An appointment made under sub-section (1) shall have no effect if the father predeceases the mother, but shall
revive if the mother dies without appointing, by will, any person as guardian.
(3) A Hindu widow entitled to act as the natural guardian of her minor legitimate children and Hindu mother
entitled to act as the natural guardian of her minor legitimate children by reason of the fact that the father has
become disentitled to act as such
(4) A Hindu mother entitled to act as the natural guardian of her minor illegitimate children may, by will, appoint
a guardian for any of them in respect of the minor's person or in respect of the minor's property or in respect of
both.
(5) The guardian so appointed by will has the right to act as minor's guardian after the death of the minor's father
or mother.
(6)The right of the guardian so appointed by will shall, where the minor is a girl, cease on her marriage.
DE FACTO GUARDIAN
After the commencement of this Act, no person shall be entitled to dispose of, or deal with, the property of a
Hindu minor merely on the ground of his or her being the de facto guardian of the minor.
Right of De facto guardian
(i) Alienation done by a de facto guardian is void and the alienee is in the position of a trespasser who has no right
in the property. Essakkyal Nadar v. Sreedharan Babu
(ii) If a distinction is made between the categories the object of section 11 of preventing the de facto guardian
from dealing with the property of a minor would be frustrated. The de facto guardian would be at liberty to deal
with the undivided interest of the minor in the Joint Hindu Family property; Dhanasekaran v.
Manoranjthammal.
(iii) Where there is a sale of minor’s property by the maternal grandfather during the minority by the minor’s
mother, her as natural guardianship of the minor cannot ratify the sale as the maternal grandfather’s sale as de
facto guardian is void; Kanchi Kamamma v. Appanna
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WHAT IS ‘AVYAVAHARIK DEBT’?
Meaning of Avyavaharik Debt:
The precise meaning of the word “Avyavaharik Debt”, is a debt “equivalent to not lawful, useful or customary”.
Colebrook translated it as “a debt for a cause repugnant to good morals.” Whether a debt is immoral or not is to be
decided with reference to the time when it originated and the rule is not rigid but has to be applied with reference
to the circumstance. The sons, grand-sons and great grand-sons are not under an obligation to pay Avyavaharik
debt of the father.
Avyavaharik Debt according to the Ancient Texts:
The Mitakshara explaining the Avyavaharik Debt has laid down that sons are not bound to pay to the wine-seller
and the rest, i.e., to the winning gambler, to the mistress and others.
Vrihaspati says that “the sons are not compellable to pay sums due by their father for spirituous, liquor, for losses
at play, for promises made without consideration or under the influence of lust or of wrath, or sums for which he
is surety, or for a fine or a toll or the balance of either.”
The debts in the nature of Avyavaharik are debts which would be comprised in the expression “illegal or immoral
debts” and if the debt is such, the son would not be under any obligation to pay it.
The Supreme Court in S.M. Jakati v. S.M. Borkar, explained the term Avyavaharik and laid down that it has
been variously translated as being that which is not lawful or what is not just or what is not admissible under the
law or under normal conditions.
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WHAT ARE THE SALIENT FEATURES OF “STRIDHAN”? – HINDU LAW
The salient features of Stridhan can be described as under:
(1) The test as to whether it is Stridhan:
A Hindu female can secure the property from numerous sources but every such property cannot be Stridhan.
Whether a property constitutes Stridhan, depends upon the following factors:
(a) Source of acquiring the property,
(b) The status of the female at the time of acquiring the property, i.e., maidenhood, married status or widowhood,
(c) The school to which she belonged.
(2) Succession:
In the matters of succession to Stridhan, a new order of heirs was provided under law which included her own
heirs upon whom Stridhan devolved after the death of the female. This rule does not apply to the succession of
woman’s estate. But now under the Hindu Succession Act, 1956 the distinction between the two categories of
property have been abolished and an uniform rule of succession has been provided with respect to Stridhan.
(3) Power of alienation:
A Hindu female possessed absolute ownership over Stridhan and hence she enjoyed absolute right of alienation of
such property. She could voluntarily dispose it of.
After the commencement of the Hindu Succession Act, 1956, every property held by a Hindu female on the date
of the enforcement of Act, whether acquired prior or subsequent to the Act, became her absolute property. Hence
she has got the absolute power to alienate the same at her volition.
Sources of Stridhan:
Properties acquired from the following sources fall under the expression Stridhan—
(i) Gift received from relatives.
(ii) Gifts and bequests received from strangers during maidenhood.
(iii) Property obtained in partition.
(iv) Property got in lieu of maintenance.
(v) Property acquired by inheritance.
(vi) Property acquired through technical skill and art.
(vii) Property acquired by compromise.
(viii)Property acquired by adverse possession.
(ix) Property purchased with the earnings of the Stridhan or with savings of income from Stridhan.
(x) Property acquired lawfully from sources other than those mentioned above.

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Explain the powers of Karta in a joint Hindu Family? Whether he can mortgage the
undivided shares of other coparceners in the property.
The position of karta n a joint hindu family is unique. He is that person who takes care of the whole family and its
property and administers it and all the members of family remained disciplined under him. It has been said
regarding the position of karta that no one else is equivalent to him in the family. The position and powers of the
karta are wider than anyone
                              POWERS OF THE KARTA
1. He has the complete control over the family.
2. No one can claim accounts from him nor can say to him to spend less.
3. There is no binding over him that how much he shall spend over any coparcener.
4. It is within his power to whom he may educate and whom he keeps illiterate.
But this does not mean that he is dictator. His position is extremely sensitive. He has to move along-with all the
members. Thus the position of the karta is mixture of rights and duties. He has to maintain the control between
rights and duties.
 WHO CAN BE A KARTA
1. Hindu Law believes that the senior most coparcener is the Karta of the family.
2. Any coparcener becomes Karta of family because of his seniority not because of anyone appointed him. Refer a
case to this effect Mann V/s Jayani-1918 it was held that such a person till he lives continues as the karta of the
family although he may be aged, handicapped, week or ill.
3. However any karata becomes unsound mind then the seniormost coparcener would become the karta.
WHETHER MOTHER CAN BECOME THE KARTA.  the owner of the property in the person who was the nearest heir at that time. NilKomal Lahuri vs. Jotendra
In case of Pandurang V/s Pandurang -1947 it was held by the Nagpur High Court that the mother can become
Karta if their is no other adult coparcener here the Supreme Court does not agree to this view in case of
Commissioner of Incometax Vs Seth Govind Ram -1986.
The Karta of Joint Hindu Family at a time can only one not more, but with the consent of other coparcener there
can be more than one Karta: refer a case of Mudrit vs Ranglal 1902 and Shankar v/s Shankar 1943.
THE RIGHTS OF KARTA
1. Right of managemnt: He has the right to manage all the duties trade, business industry etc., no one can
challenge him.
2. Right over Income :- The income of the family remains under his control. He may spend as per the
requirements.
3. Right of Representation : He can represent the family in all types of social,religious, legal and matrimonial
matters. The decision of karta is binding over all. He can file suit. Refer a case in this regard: Fatimanisa v/s Raj
Gopalacharya -1977.
4. Right to debt. : He can any debt for the requirement of the family. Such debts shall be taken for legal
requirements of the family. The karta can mortgage or pledge the property of family for this purpose.
5. Right of settlement:- Karta has the right to make an honest settlement on behalf of family.If any settlement is
made not in  good faith it can be challenged refer a case of Nayathambi v/s Vijay-1972.
6. Right of arbitration :- He has right to solve the disputes of family through arbitration see a case of Jangan
Nath v/s Mannu Lal 1894 of Allahabad.
7. Right of Acknowledgement: Karta has the right to acknowledge the debts and making payment of interest but
he cannot acknowledge the time-barred debts.
8. Right of Alienation :- He has the right to alienate the property of family and take debt for the family with the
following conditions :- i) For the benefit of the family, ii) For the fulfilment of the legal necessaties.
Refer a case in this regard Devi Kishan v/s Ram Kishan -2002 It was held by the Rajasthan High Court that the
karta can Mortgage the property of joint family for legal necessities, but the following may not be legal
necessaities :- i) Debt for child marriage violating child marriage prohibition Act.
ii) Debt over property already mortgaged.
CONCLUSION
As already mentioned, the karta in a Hindu joint family holds quite an extra-ordinary position with reference to its
understanding and complexity. The concept of Karta has an origin that dates centuries back and it still holds its
ground due its various functional elements. One family that entails a no. of members who live together and hold
joint property, necessarily require a Karta to boost the cohesive aspect of such a family with reference to its
dealings and ventures.
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SURVIVORSHIP
According to the principles of Hindu Law, there is coparcener ship between the different members of a united
family and survivorship following upon it. But this right of survivorship is lost if the marriage of the coparcener is
solemnized under the Special Marriage Act of 1872.
There is community of interest and unity of possession between all the members and upon death of any
one of them, the others take by survivorship that in which they had during the deceased's lifetime a common
possession. Katama Nachiar v Raja of Shivaganga ; Subramanya Pandian v. Sivasubramania Pillai
The right of survivorship rests upon the text of Narada and is recognised in the Mitakshara.
Subramanya Pandian v. Sivasubramania Pillai.
The Arthasastra of Kautilya clearly lays down the rule of survivorship. "If a man has no male issue,
his own brothers or person who have been living with him shall take possession of his property; and in their
absence, his daughters shall have his property". Muthuswami Gurukkal v. Meenammal.
The rule of survivorship is precluded when there is attachment of the undivided share of coparcenary
for his personal debt and is sold in execution even if the coparcener dies subsequently when the attachment
subsists on the date of death. Bharamappa v. Rudrappa.
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SUCCESSION
The general law relating to the inheritance and succession can easily be referred to The Indian Succession Act,
1925. Under this Act every Indian is entitled to equal shares on inheriting the property on the death of a person.
General Principles: The following ten principles applied for succession:
1) Inheritance never Abeyance: The right of inheritance was a right which vested immediately on the death of
Mohan.
2) Inheritance cannot be overridden by agreement: The law, being a part of the law of land, cannot be
overridden by agreement. Tagore Vs. Tagore
3) Spes succession is not recognized: It is a mere contingent interest and not a vested interest and such no valid
transfer can be made of it either by will or by an act inter vivos. Bahadur Singh vs. Mohar Singh.
4) Males take absolutely, females take limited estate: Males succeeding as heirs, whether to male or female,
took absolutely. Females succeeding as heirs to a male took a limited estate in the property inherited by them.
5) Doctrine of Representation: Under this principle, the children of remoter descendants of a deceased person
stepped into the shoes of ascendants at his death so as to take his share in the property. Sher Singh vs.
Basdeo Singh.
6) Joint Tenants and tenants - in-common: Under this rule of obstructed inheritance two or more persons
inheriting together, take as tenants –in-common and not as joint tenants. Karuppal vs. Shankaranarayan.
7) Division per stripes and per capita.: In per stripes distribution, the several heirs who belong to different
branches, get their share only from that property which is available to the branch which they belong.
8) Whole blood to be preferred to half blood: A sapinda of the whole blood is preferred to a sapinda of the
half blood. Guru Das Vs. Lal Das
9) Propinquity and religious efficacy: Propinquity alone is the criterion of succession. The rule of propinquity
means the nearer heir excludes the more remote. Jatindra Nath Roy Vs. Nagendra Nath Roy
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Inheritance and Succession, Rights of Women and Daughters
Under Hindu Succession Act, 1956, the properties of a Hindu male dying intestate devolves, in the first instance,
equally on his sons, daughters, widow and mother and include the specified heirs of predeceased sons or
daughters. The widow of the deceased is entitled to inherit equally with sons and daughters. The provisions of
section 30 of the Act raise issues which are questionable in nature whereby the deceased husband, if he so desires,
may write a Will and exclude his wife. The Will may contain bequeath of all his properties and no means of
support to the widow. Hira Vs. Buta and Kali das Vs. Krishna
If there be a meticulous reasoning, the rights of the Women and Daughters under the Hindu Succession Act can be
resolved; the Gender inequalities in succession law proliferate extensively. Sher Singh Vs. Basdeo Singh
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WHO CAN GIVE AND TAKE IN ADOPTION?
 Section 7,8,9 and 10  of Hindu Adoption and Maintenance Act 1956 provides the following terms for adoption:-
1. Competency if Hindu Male to adopt.
2. Competency of Hindu Female to adopt.
3. Person competent to give adoption.
4. Person who can be adopted.
All these are mentioned under the following heads:-
WHO CAN ADOPT :- Section 7 and 8 mention those person who can adopt. These sections have two types of
methods of adoption by male and adoption by female.
ADOPTION BY MALE:
Section 7 provides that an adoption by male requires the following three conditions:-
i) Such male shall be of sound mind, ii) He is major, iii) Must have the consent of his wife.
Thus such Hindu male can adopt a child who is major, sound mind and has obtained the consent of his wife. If the
adoption is performed without the consent of wife then such adoption shall be void. If any wife attend the
adoption ceremony it shall be deemed to have given the consent refer a case of Praful Kumar v/s Shashi Bewa.
It is pertinent to mention that the consent of wife is not necessary in all circumstances i.e. the consent of wife is
not necessary in the following conditions :- 1. When wife had renounced the world. 2. When she is no more
Hindu. 3. When she has been declared unsound by the competent court.
ADOPTION BY FEMALE
Section 8 provides that any female can also adopt a child only when such female fulfill the following conditions :-
1. Is unmarried or widow, 2. Is a major, 3. Is of sound mind.
It is clear that a female cannot adopt until the husband is living. Female can adopt a child even when the husband
living only when: i) The husband had renounced the world, ii) The husband is not more a Hindu. iii) The
husband has been declared unsound mind by a court.
WHO CAN GIVE ADOPTION
Section 9 mentions those persons who can give a child in adoption. The followings are eligible for giving a child
in adoption :- 1. Father   2. Mother   3. Guardian appointed by the court.
If a father gives a child in adoption the consent of mother shall be required. The consent of mother shall not be
required in following situations :- 1. When the mother is renounced the world. 2. When the mother is no more
Hindu. 3. When the mother has been declared unsound mind by a court.
Generally a mother cannot give a child in adoption till the father is living. A mother can give a child in adoption
only when the following occur:- 1. The father had already died. 2. Father is renounced the world. 3. The father is
no more Hindu. 4. The father has been declared unsound mind by a competent court.
Mother means only the natural mother not the step mother. Step mother cannot give a child in adoption. Refer a
case of Dharamraj Jain v/s Suraj Bai.
A guardian appointed by the permission of court can give a child in the following conditions :
1. When both father and mother had died.
2. When they have renounced the world.
3. When they do not remain Hindu.
4. When they have been declared unsound mind by a competent court.
WHO MAY BE ADOPTED.
Section 10 mentions that those persons who may be adopted. According to the provisions such person may be
adopted or may be given in adoption :-
1. Who is Hindu.
2. Who has not already been adopted.
3. Who is not married where it has been permitted by the custom or traditions.
4. Who is not above the age of 15 years where it has not been permitted by the custom or traditions.
The case of Balakrishna v/s Sadashive, another case of Mayaram vs Jai Naraian and Kodippa Rama Papal
urf Shirke v/s Kannappam.  It was held that where customs or traditions allow there a person above 15 years of
age or married can be adopted.
Whereas among Maharashtra School and Jains a person of any age can be adopted refer case of Bishan v/s
Girish. Another case of Dev Gonda v/s Sham gonad, the Bombay High Court held that any insane can also be
adopted. Further any orphan found child or abandon child may be adopted.
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Who are coparceners and what their rights are. Whether a daughter who wants to
remain unmarried can claim partition in the coparcenary property?
In Hindu Law joint Hindu family and coparcenay are two different subject. Joint Hindu family is a wide concept.
Whereas coparcenary is limited. Joint Hindu Family is created by successors, of one ancestor their mother, wives,
unmarried daughter etc. Whereas coparcenary is created by father, son, Grandson, grandson’s son. In a case
Dashrath Rao v/s Ram Chandra Rao, the Court held that the last member of coparcener should not be more
than 4 degree away from the ancestor.
A
l
B (Son) C (Son)
l
M (Grandson) N (Grandson) P (Grandson)     Q (Grandson)   R (Grandson)
l
X (Grandson’s son)   Y (Grandson’s son)
Right of Coparcenars:- The Coparcenars  following rights:- 
a. Coparcenars have right by birth in the property of coparcenay. 
b. Coparcenars can demand partition of the coparcenary property.
c. Coparcenars have joint ownership and possession over the coparcenary property. 
d. No coparcener can transfer the coparcenary property. 
e. Coparcenar is entitled to maintenance from the coparcenary property. 
f. The right of coparcener is base on survivorship, not on succession. 
g. Coparcenar has the right to see accounts of the property form the Karta. 
Right of unmarried Daughter:- Whether any woman who decides to live unmarried can claim partition of
coparcnary property?
No woman can be the member of coparcenary but she can be a member of joint family in such situation it is clear
that a. any woman does not have right by birth in the property.
b. no woman can claim the partition of such property. 
c. unmarried daughter entitled to maintenance form the joint family property.
d. the expenses of unmarried daughter is also charged on the property of joint property. 
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VALID ADOPTION UNDER HINDU ADOPTIONS AND MAINTENANCE ACT,
1956
Section 6 of the Hindu Adoptions and Maintenance Act, 1956 provides the requisites of a valid adoption. The
person adopting has the capacity and also the right to take in adoption. The person giving in adoption has the
capacity to do so, the person adopted is capable of being taken in adoption and the adoption made in compliance
with the other conditions mentioned in Chapter II of the Hindu Adoption and Maintenance Act, 1956.
No adoption shall be valid unless:- 
1. The person adopting has the capacity and also the right to take in adoption. 
2. The person giving in adoption has the capacity to do so. 
3. The person adopted is capable of being taken in adoption: and 
4. The adoption made in compliance with the other conditions mentioned in Chapter II of the Hindu Adoption and
Maintenance Act, 1956.
According Section 5 of the Act, an adoption made in contravention of the provisions of Chapter II of the Hindu
Adoptions and Maintenance Act, 1956 is void. In Jai Singh v/s Shakuntla, the Supreme Court opined that
Section 16 of the Hindu Adoptions and Maintenance Act, 1956 envisages a statutory presumption that in the event
of there being a registered pertaining adoption, adoption would be presumed to have been made according to law. 
1. Capacity of a male Hindu to take in adoption 
2. Capacity of a female Hindu to take in adoption
3. Person capable of giving in adoption
4. Who can be adopted
5. Formalities of Adoption:-
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DISABILITIES OF A MURDERER FOR SUCCESSION
Murderer  :-  Section 25 of the Hindu Succession Act provides that A person who commits murder or abets the
commission of murder shall be disqualified form inheriting the property of the person murdered, or any other
property in furtherance of the succession to which he or she committed or abetted the commission of the murder.   i) existing movable or immovable property ,
In Kenchova v/s Gilimallappa, the Privy Council held, even apart from Hindu Law, principles of justice, equity
and good conscience exclude a murdered from succeeding to the murdered person and that it must be regarded as
a paramount rule of public policy.  iv) by one person called the donor to another , called the done , and
In Chaman Lal v/s Mohan Lal,,  a widow was prosecuted for the charge of murder of her husband and finally
acquitted of the charge by the court. The brother of the deceased raised the objection that she was not entitled to
inherit the property as she was charged with the murder of her husband. The Delhi High court held that as the
widow had been acquitted so she would not be disqualified from inheriting. The Court observed that it was not the
scheme of Hindu Succession Act, 1956 that the Civil Court should again examine the charge of murder and hold
an enquiry or trial independently after acquittal from the criminal Court.  ii) and attested by at least two witnesses .
*******************************************************************************************
ESSENTIAL CONDITIONS OF A VALID HINDU MARRIAGE. IS THERE A
PROVISION FOR PUNISHMENT FOR VIOLATING THE CONDITIONS?
Section 5
1. Section 5 (1) Must not have a spouse alive.
Kanwal Ram vs H. P. - Essential ceremonies are a must for committing the offence of second marriage.
Priya vs Suresh - Mere admission by the parties is not enough. Proof of essential ceremonies is required.
2. Section 5 (2) neither party is
1. incapable of giving consent due to unsoundness of mind.
2. though capable of giving consent, is unfit for marriage and procreation of children due to mental disorder.
Alka vs Abhinash
3. suffers from recurrent attacks of insanity.
Balakrishna vs Lalitha - "Incurable" is not a requirement. Only recurrent attacks, irrespective of whether
curable or incurable, provided enough ground.
3. Boy is over 21 and girl is over 18.
Rabindra vs Sita - Marriage in contravention of this clause is, nevertheless, valid.
4. parties are not within degrees of prohibited relationship.
5. parties are not sapindas
Punishment
Section 17 says that section 494 (bigamy without concealment - 7yr + fine) and 495 (bigamy with concealment -
10 Yrs + fine)  of IPC will apply for bigamy.
Section 18(a): 15 days + 1000/- for contravention of 5(3)
Section 18(b) : 30 days + 1000/- for contravention of 5(4) and 5(5)
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BIGAMY
Bigamy is defined as an offence not only under the criminal law but also under HMA, Section 17, HMA says that
any marriage between Hindus is void if on the date of such marriage, either party had a husband or wife living.
The same is punishable under Section 494 and 495, IPC.
Section 5, HMA provides for the conditions for the valid marriage, on being that neither party should have spouse
living at the time of the marriage. Accordingly, a marriage contracted while either party has a spouse living, can
be annulled under Section 11 of Hindu Marriage Act, 1955.
The provisions for divorce under Section 13, HMA also provide for the remedy available to the second wife.
Section 13 (2) (i) of HMA says that in cases of marriages before commencement of this Act, a second wife can
seek divorce on the ground that her husband's first wife was alive at the time of the solemnization of the second
marriage.
Even though the law for the interim maintenance under Section 24, HMA does not categorically provide for
maintenance for second wife, the Section has been given a very wide interpretation by the courts to bring the
cases of second wives within its ambit. The second can also claim interim maintenance under the interpretation
given to Section 24, HMA.
In Laxmibai v. Ayodhya Prasad, it was held that 'wife' and 'husband' used in Section 24, HMA are not to be
given strict literal meaning as to convey only legally married wife and husband. The expression wife and husband
is in the context of the section and scheme of the Act should mean a person claiming to be a wife or a husband.
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Q. DEFINE GIFT AND DISCUSS THE ESSENTIAL ELEMENTS OF GIFT?
Gift is defined by section 122  of the Transfer of Property Act . According to section 122 a gift is the transfer of
certain
ii) made voluntarily , and
iii) without consideration ,
v) accepted by or on behalf of the done .
vi) Such acceptance must be made during the lifetime of the donor , and while he is still capable of giving , if the
done dies before acceptance , the gift is void .
A gift of immovable property must be effected by
i) a registered  instrument signed by or on behalf of the donor ,
In the event of gift of movable property , it may be effected ,
i)  either by a registered instrument signed and attested as above or
ii) by delivery of the property , such delivery may be made in the same way as goods sold maybe delivered .
The following are the essentials of a valid gift:-
1) The subject matter of the gift should be capable of transfer, existing and certain.
2) There should be two parties, in one side the donor and in other side the done .
3) The donor must be capable of gifting the property.
4) The gift should be made without any consideration and voluntarily.
5) There should be a transfer of interest on the part of the donor .
6) The gift should be accepted by or on behalf of the done during his life time.
7) The acceptance must be made during the lifetime of the donor.
8) The donor and done must be living persons.
9) In the event of gift of immovable property, there must be a registered instrument properly attested by at least
two witnesses and signed by the donor.
10) In the event of gift of movable property, there may be a registered instrument properly attested by at least two
witnesses and signed by the donor or by delivery of possession in the same way as goods are sold .
*******************************************************************************************
RELIGIOUS ENDOWMENT :
Religious endowment means all property belonging to or given or endowed for the support of a religious
institution or given for the performance of any service or charity connected therewith and includes the premises of
the religious institution as well as the idols, if any, installed therein and any public charity associated with a
religious institution or not, but does not include gifts of property made as personal gifts to the trustee or
hereditary trustee or working trustee of such institution or to any service holder or other employee thereof.
*******************************************************************************************
DIFFERENCE BETWEEN GIFT & WILL
Transfer of property made voluntarily without any consideration by one person on the name of the other is gift
deed. 
It is important that the receiver should accept the property gifted to him. A gift deed is drawn during the lifetime
of the donor. If the donor dies before the gift deed is accepted then, the gift deed becomes void. It is important that
the property you are donating as gift deed is earned by you or is a part of your share in the ancestral property.
As far as will is concerned it is the legal declaration in which a person drawing the will can name one or any
number of persons as beneficiary of his various assets including property and funds. Will comes into play only
after the death of the testator.
Comparison between gift deed and Will:
Both gift deed and Will are different as legal instruments. A ‘Will’ is always revocable during the lifetime of the
testator, even though it is registered or not whereas, gift deed once given is irrevocable. The revocable term
implies that if a person after drawing a Will changes his intentions; he can again execute a very new Will.
However, law does not allow the donor to make a new gift deed or change his decision.
In this case, once you have made the decision to gift deed the plot to either of your son, you will lose all the
ownership on it. On the other hand, if you nominate any of your sons as the beneficiary of the plot, he will be the
owner of it only after your death. In between, if you want to change the decision, a Will provides you the scope
for it.
Who are "dependents” for the purpose of maintenance under Hindu Adoption and WHO ARE HINDUS
Maintenance Act, 1956? What do you understand by maintenance? Till this day there is no precise definition of the term ‘Hindu’ available either in any statute or in any judicial
HAMA 1956 codifies a lot of principles governing the maintenance of dependents of a Hindu male. Under this decision. However since Hindu law applies to all those persons who are Hindus. It is necessary to know who are
act, the obligation can be divided into two categories - personal obligation and obligation tied to the property. Hindus. The answer lies in the question; to whom does Hindu law apply?
Dependents based on personal obligation The persons to whom Hindu law applies may be put in the following three categories.
Personal obligation means that a Hindu is personally liable, irrespective of the property that he has inherited or his 1. Any person who is a Hindu, Jain, Sikh or Buddhist by religion, i.e., Hindus by religion
earnings, to provide for certain relations who are dependent on him. These relations have been specified in the 2. Any person who is born of Hindu parents (when both the parents and one of the parents is a Hindu
following sections of HAMA 1956. , Jain, Sikh or Buddhist by religion), i.e., Hindus by birth, and
Section 18(1) declares that whether married before or after this act, a Hindu wife shall be entitled to claim 3. Any person who is not a Muslim, Christian, Parsi or Jew, and who is not governed by any other law.
maintenance by her husband during her lifetime.   Explanation to Section 2(1) further categories Hindu into two:
Dependents based on obligation tied to property (i) Hindu by Religion
A person has obligation to support certain relations of another person whose property has devolved on him. In this (ii) Hindu by Birth
case, this obligation is not personal but only up to the extent that it can be maintained from the devolved property.  HINDUS BY RELIGION
Section 21 specifies these relations of the deceased who must be supported by the person who receives the This category includes two types of persons:
deceased property. (a) Those who are originally Hindus, Jains, Sikhs or Buddhists by religion.
1. father (b) Those who are converted or reconverted to Hindu, Jain, Sikh or Buddhist religion.
2. mother A NON-HINDU WILL BECOME A HINDU BY CONVERSION:
3. widow, so long as she does not remarry (i) If he undergoes a formal ceremony of conversion or reconversion prescribed by the caste or community to
4. son, predeceased son's son, or predeceased son's predeceased son's son until the age of majority. Provided that which he converts or reconverts; or
he is not able to obtain maintenance from his father or mother's estate in the case of grandson, and from his father (ii) If he expresses a bona fide intention to become Hindu accompanied by conduct unequivocally expressing that
or mother, or father's father or father's mother, in the case of great grandson. intention coupled with the acceptance of him as a member of the community into the fold of which he was
5. daughter or predeceased son's daughter, or predeceased son's predeceased son's daughter until she gets ushered into.
married. Provided that he is not able to obtain maintenance from his father or mother's estate in the case of HINDU BY BIRTH
granddaughter, and from his father or mother, or father's father or father's mother, in the case of great Under Modern Hindu Law, a person will be a Hindu by birth if:
granddaughter. (i) Both his parents are Hindu; or
6. widowed daughter, if she is not getting enough maintenance from her husband's, children's, or father in law's (ii) One of the parents is a Hindu and he is brought up as a Hindu.
estate. Such child is Hindu irrespective of fact he/she is legitimate or illegitimate.
7. widow of predeceased son, or widow of predeceased son's son, so long as she does not remarry and if the In case after the birth of the child both or one of the parents convert to another religion, the child will continue to
widow is not getting enough maintenance from her husband's, children's or her father or mother's estate in the case be a Hindu unless, in the exercise of their parental right, they also convert the child into the religion in which
of son's widow.  either or both of the parents have converted.
8. illegitimate son, until the age of majority ***********************************************************************************
9. Illegitimate daughter, until she is married MAINTENANCE OF WIFE:
Maintenance Of Dependants  Under S.24 of Hindu Marriage Act, 1955 (herein after mentioned as HM Act), either the wife or husband can
Maintenance means the right of dependents to obtain food, clothing, shelter, medical care, education, and apply for interim maintenance. The basis of the claim for interim maintenance is that the claimant has no
reasonable marriage expenses for marriage of a girl,  from the provider of the family or the inheritor of an independent income of his/her own to support himself/herself. The provision is silent on the quantum of
estate. The basic concept of maintenance originated from the existence of joint families where every member of maintenance and it is upon the discretion of the court to determine the quantum. Similarly, maintenance pendente
the family including legal relations as well as concubines, illegitimate children, and even slaves were taken care of lite is to be provided to the claimant who does not have an independent income and the financial need of litigation
by the family. However, maintenance does not mean unreasonable expectations or demands. expenses has to be provided by the other spouse.
In the case of Ekradeshwari vs Homeshwar, Privy Council had enunciated certain principles in governing the  The interim maintenance is payable from the date of presentation of the petition till the date of dismissal of the
amount of maintenance. It said that maintenance depends on a complete analysis of the situation, the amount of suit or passing of the decree. Interim maintenance is supposed to meet the immediate needs of the petitioner. And
free estate, the past life of the married parties and the family, the requirements of the claimants, and a maintenance pendente lite is for providing the litigation expenses to the claimant.
consideration regarding future changes.  S. 3(b)(i) of Hindu Adoption and Maintenance Act, 1956(herein after mentioned as HAM ACT  Act) defines
********************************************************************************* maintenance as "provision for food, clothing, residence, education, and medical attendance and treatment 
GROUNDS FOR AWARD OF MAINTENANCE:
 Only upon proving that at least one of the grounds mentioned under the Act, exists in the favour of the wife,
maintenance is granted. These grounds are as follows:-
 a. The husband has deserted her or has willfully neglected her;
b. The husband has treated her with cruelty;
c. The husband is suffering from virulent form of leprosy/venereal diseases or any other infectious disease;
d. The husband has any other wife living;
e. The husband keeps the concubine in the same house as the wife resides or he habitually resides with the
concubine elsewhere;
f. The husband has ceased to a Hindu by conversion to any other religion;
g. Any other cause justifying her separate living;
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SALIENT FEATURES OR NATURE OF THE HINDU MARRIAGE ACT, 1955
Hindu Marriage Act, 1955 has reformed Hindu law of Marriage. It is a landmark in the history of social
legislation. It has not simply codified the Hindu law of marriage but has introduced certain important changes in
many respects. The Hindu marriage contemplated by the Act hardly remains sacramental. The Act has brought in
some changes of far reaching consequences which have undermined the sacramental nature of marriage and
rendered it contractual in nature to a great extent of marriage.
Who are Hindus
Hindu law applies to all those persons who are Hindus. It is necessary to know who are Hindus. The answer lies in
the question; to whom does Hindu law apply?
The persons to whom Hindu law applies may be put in the following three categories.
1. Any person who is a Hindu, Jain, Sikh or Buddhist by religion, i.e., Hindus by religion.
2. Any person who is born of Hindu parents (when both the parents and one of the parents is a Hindu, Jain, Sikh
or Buddhist by religion)
Concept and forms of marriage
The concept of marriage is to constitute relationship of husband and wife. According to ancient Hindu law,
marriage is the last of ten sacraments and is a sacred tie which can never be broken. It is a relation established by
birth to birth. According to Smritikars even death cannot break this relation of husband and wife which is not only
sacred and religious but is a holy union also.
Marriage: Sacrament or Contract
Marriage being one of the essential Samskaras is sacramental in nature. The sacramental nature of marriage has
three characteristics:
1. It is a permanent union i.e. once tied cannot be untied.
2. It is an eternal union i.e. valid not only in this life but in lives to come.
3. It is a holy union i.e. performance of religious ceremonies is essential.
The modern concept of marriage is contractual in nature. It receives the ideals of liberty and equality Forms of
marriage
The ancient Hindu law recognised three forms of Shastric marriages as regular and valid. These were Brahma
(bride given gift by father), Gandharva (mutual agreement of bride and bridegroom) and Asura (bride virtually
sold by the father). The first and the third are arranged marriage whereas the second one is love marriage.
In Hindu society there are mainly two forms of marriages: arranged marriages and love marriages. Most Hindu
marriages are still arranged marriages. An arranged marriage may be either in the form of Brahma marriage
Ceremonies
Marriage among Hindus being a religious and sacred tie, performance of certain ceremonies is still necessary for a
valid marriage. There were three important stages wherein certain ceremonies were to be performed. They were:
1. Betrothal or Sagai: it is a formal promise to give the girl in marriage.
2. Kanyadan: It is actual giving away of the girl in marriage by her father.
3. Saptapadi: it consisted in performing a ceremony of taking seven steps before the sacred fire by the bride and
the groom.
Conditions for the validity of marriage (Section 3 and 5)
A marriage may be solemnised between any two Hindus, if the following conditions are fulfilled, namely :–
(i) Neither party has a spouse living at the time of the marriage;
(ii) At the time of the marriage, neither party: (a) Is incapable of giving a valid consent to in consequences of
unsoundness of mind; or (b) Though capable of giving a valid consent, has been suffering from mental disorder
of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or (c) Has been
subject to recurrent attacks of insanity or epilepsy.
(iii) The bridegroom has completed the age of twenty one (21) years and the bride the age of eighteen years at the
time of marriage.
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GROUNDS OF DIVORCE OR LEGISLATION
According to Section 13 of Hindu Marriage Act, 1955 lays down as under:
        Section 13. Divorce –
(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition
presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other
party:- i) is living in adultery; or ii) has ceased to be a Hindu by conversion to another religion; or
 iii) has been incurably of unsound mind for a continuous period of not less than three years immediately
preceding the presentation of the petition; or  iv) has, for a period of not less than three years immediately
preceding the presentation of the petition, been suffering from a virulent and incurable form of leprosy; or
 v) had, for a period of not less than three years immediately preceding the presentation of the petition, been
suffering from venereal disease in a communicable form; or  vi) has renounced the world by entering any
religious order; or  vii) has not been heard of as being alive for a period of seven years or more by those persons
who would naturally have heard of it, had that party been alive; or   viii) has not resumed cohabitation for a space
of two years or upwards after the passing of a decree for judicial separation against that party; or ix) has failed to
comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the
decree.
(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground:-
 i) in the case of any marriage solemnized before the commencement of this Act, that the husband had married
again before such commencement or that any other wife of the husband married before such commencement was
alive at the time of the solemnization of the marriage of the petitioner:  Provided that in either case the other wife
is alive at the time of the presentation of the petition; or
ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality.
Section 13 of the Hindu Marriage Act, 1955, describes the following grounds of divorce as under:
1. Adultery, 2. Conversion 3. Mental disorder/Unsound Mind, 4. Leprosy, 5. Venereal disease, 6. Renounced the
World, 7. Not heard alive for seven years, 8. Judicial Separation, 9. No Resumption of Co-habitation, 10. Cruelty
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JIONT HINDU FAMILY
A joint family or undivided family is an extended family arrangement prevalent throughout the Indian
subcontinent, particularly in India, consisting of many generations living in the same household, all bound by the
common relationship.
The family is headed by a patriarch, usually the oldest male, who makes decisions on economic and social matters
on behalf of the entire family. The patriarch's wife generally exerts control over the household, minor religious
practices and often wields considerable influence in domestic matters. Family income flows into a common pool,
from which resources are drawn to meet the needs of all members, which are regulated by the heads of the family.
[4]
 However, with urbanisation and economic development, India has witnessed a break up of traditional joint
family into more nuclear-like families and the traditional joint family in India accounted for a small percent of
Indian households.[5][6]
A Hindu Undivided Family or H.U.F is a legal term related to the  Hindu Marriage Act. The female members are
also given the right of share to the property in the H.U.F. The term ‘Hindu Undivided Family’ finds reference in
the provisions of the income tax act but the expression is not defined in the act. There are various aspects of
Hindu Law which are relevant for the purpose assessment of income [7] and wealth in the status of Hindu
Undivided Family (HUF) as well as the impact of the provisions of Hindu Succession Act 1956 as amended by
Hindu Succession (Amendment) Act 2005 which are relevant for the purpose of assessment of income and wealth
in the status of H.U.F under Income Tax Act 1961.
Relationships
In Hindu undivided family, different relationships are addressed via different names. Nature of relationship also
varies. Few relations are of equivalence, few of mutual respect and few are teasing in nature. In joint families in
north and central India, between a bride or sister-in-law and her younger brother-in-law a joking or teasing
relationship is common, while the relationship towards an older brother-in-law is that of respectfulness.[8]
In a traditional joint Hindu family, there is a subservient relationship between the wives of the brothers; that is to
say, the patriarch’s wife is addressed as "Badi Bhabhi (in Hindi)", meaning ‘eldest brother’s wife’. She is
traditionally considered the mistress of the house, and is in charge of running the household affairs and overseeing
the servants (if any). The subsequent younger brothers’ wives typically seek her advice and permission in regards
to any matters/decisions regarding the household and rearing of the children. In popular culture, Hindi dramas
typically display these relationships as contentious, as the badi bhabhi frequently abuses her position of power.