Family Law Lectures II is a comprehensive publication on property and inheritance law. It covers all important aspects related to Hindus, Muslims, Christians and Parsis. In addition, the basic concepts dealing with the common family, comparison, division, inter-State succession and the law of gifts, wills and successions are examined. This book is an essential reference work for students, researchers, academics and those preparing for competitions. Soft cover. Condition: New. Family Law-I deals with laws on remedies for marriage and matrimonial nullity, restoration of matrimonial rights, legal separation and divorce, as well as ancillary remedies relating to maintenance, legitimacy, adoption, custody and guardianship of children and division of matrimonial property. The marriage law varies according to religion, region and tribe of the parties in India and coexists with secular laws that cover virtually all aspects of internal relations. Key Features: The book examines and covers all the important aspects of the marriage law that apply to Hindus and Muslims, and draws comparisons with similar laws that apply to other communities in India. It deals with legislative and judicial changes that have brought some complexity both in terms of the recognition of alternative forms of intimate partnerships and limited objectives and a major dilution of divorce provisions. Also reviews secular legislation governing family relations in the area of adoption, custody and guardianship of children and maintenance. Contains significant jurisprudential and legislative changes.

Can`t remember the title or author of a book? Our BookSleuth is specially designed for you. This study analyses the treatment of Islamic law (fiqh) in the English legal system by examining developments in waqf law in British India. It has the dual objective of analysing the impact of the English legal system on Islamic law and determining the role of the various actors in this process. She argues that the Waqf Act was transformed to fit the structure of the state. The colonial state used the techniques of translation, jurisprudence, legislation and doctrine to transform Islamic law. Case law has been preferred to legislative codification as a mode of governance and rule-making because of its flexibility. The translation of classical Islamic legal texts, the Hidāya and parts of Fatāwā al-`Ālamgīriyya, freed English judges from the need to rely on local legal advisers. However, lawyers, judges, legal commentators and some Muslim religious scholars (« ulamā ») simultaneously collaborated with colonial administrators and opposed them in the process of legal transformation. Since case law is a preferred mode of transformation, legal commentary plays a crucial role in legal development. The majority of legal commentators were Muslims such as Ameer Ali, Abdur Rahim and Faiz Tyabji. They used their legal treatises to oppose any colonial intervention in Islamic law.

Although English-educated Muslims have replaced « ulamā » as cultural mediators between the state and society, this has not eliminated the role of « ulamā » as guardians of Islamic law. They forged closer ties with society and issued fatāwā (legal opinions) on legal issues. Fatāwā have been sought in relation to all important aspects of waqf law, from the validity of family awqāf to the administration of awqāf to the admissibility of awqāf of movable property such as shares in companies. « Ulamā » also campaigned for the application of Islamic law to promote women`s inheritance and divorce rights. This study reveals that Anglo-Muslim law was the product of interaction between different parts of Muslim society and colonial administrators. It reflected the socio-political context of colonial India and the process of negotiations between the various stakeholders. Despite the replacement of the traditional institutional structure, the entire legal system has become more inclusive. It could interact with different stakeholders and represent them in the legislative process to respond to societal changes. Plain Text Overview: INTRODUCTION LAWS OF LEGAL AND TESTAMENTARY SUCCESSION IN INDIA Kusum & Poonam Pradhan Saxena – Family Law Poonam Pradhan Saxena Kusum & Poonam Pradhan Saxena – Family Law > Kusum & Poonam Pradhan Saxena – Family Law > VOLUME II INTRODUCTION LAWS OF LEGAL AND TESTAMENTARY SUCCESSION IN INDIA VARIETY OF INHERITANCE LAW Laws dealing with succession1 and testamentary succession2 in India, are not uniform. Various laws are fashionable and their application depends on several factors, such as the religion or tribe of the parties, the place of residence, the community, the sect in the community, the marital status of the parties, the religion of the spouse and the type of marriage that the parties may have contracted. Prior to the advent of British rule, the most important inheritance laws3 in India had their roots in religion or were strongly influenced by personal laws that owed their allegiance to religion and custom.4 Muslims followed Muslim law, while Hindus were subject to shastric and customary law. depending on the region and the specific school or community, to which a certain family belonged.

This will show great variation. The Parsis had their own customary law. Maximum diversity prevailed among Indian Christians. After the advent of the British, two large Christian communities emerged in India – the East Indian Christians, who followed European customs, and the native Christians, who were either converts or descendants of converts from non-Christian communities, mainly Hindus and Muslims, and their various customary rights, which were also recognized judicially.[5] When a convert was Westernized, which he was to establish, and then English law could be applied to him.6 In order to simplify and unify the myriad of diverse and contradictory laws of succession, Sir Henry Maine, a legal member of the Viceroy`s Council, initiated the enactment of the Indian Succession Act in 1865. Although this law was conceived as the universal inheritance law for all Indians, it failed in its attempt to introduce the desired uniformity for the following reasons: (i) It contained the principles of Roman and English laws, which were not only alien in their content, but were also completely unsuited to the Indian cultural and religious environment. (ii) The law recognized a woman as the absolute owner of property and preferred her to a male collateral. It made no distinction between agnates and related persons7 and even transferred the right of succession to the daughters by placing them on an equal footing with the sons. These provisions were completely different from the laws that applied to Hindus, Muslims and Parsis.

(iii) It did not recognize the concept of family community, so that the son was not granted a right of birth in the uniform regulations provided for by law. This total negation of Dinesh Mishra Page 2 of 20 INTRODUCTION LAWS OF LEGAL AND TESTAMENTARY SUCCESSION IN INDIA The superiority of men struck the root of the son-centric economy that represented Indian inheritance law at the time. Efforts to extend the application of this law to all Indians have met with strong opposition from Hindus, Muslims, Parsis and even indigenous Christians. Therefore, its application was limited to certain Christians and Jews. As indigenous Christians were unwilling to accept this foreign law, their opposition led to the passing of two laws for them in the former states of Travancore and Cochin.8 In 1872, the application of the Indian Succession Act of 1865 was extended to all Indians marrying under the Special Marriage Act of 1872 and to ownership of the question of that marriage. This 1865 Act was part of the Indian Succession Act of 1925 without a single amendment. In addition to these principles of Roman and English law, the merger of the Union Territories of Goa, Daman and Diu and Pondicherry in 1961 and 19629 respectively led to the introduction of the principles of two foreign legal systems – the Portuguese and French legal systems – into the existing composite system of personal law.10 The various inheritance laws in India now fall categorically into two groups: (i) previous laws that owed their fidelity to religion; and (ii) subsequent laws introduced by the English, French and Portuguese with a Western orientation. The striking difference between these two sets of laws was that when the latter did not contain provisions on the general exclusion of women from inheritance, the first group of laws disadvantaged women in terms of inheritance rights.

They generally favoured agnates over relatives and gave males superior rights to their female counterparts. An exception to this rule was the matriarchal inheritance system that prevailed in parts of southern India, which, unlike the situation in the rest of India, pursued women`s ancestry, thus granting them better rights than their sisters elsewhere. CRITERION OF APPLICABILITY Personal law in India owes its diversity to its different origins, its different principles and the bulk of substantive law itself. Overall, there are people in India who belong to five different religions, namely Hindus, 11 Muslims, Christians, Parsis and Jews. Each of these religious communities has different laws. There are other differences in these laws based on considerations such as the sex of an intestate ab, his sect in the community to which he belongs, his residence at the time of his death and the type of marriage he may have contracted.