Hindu laws are derived from Vedas and Dharmashastras
"Hindu" Greek word
Indus Valley civilization was called "Indoi" which become "Hindu" which become "Hindustan".
Concept of Dharma used to create sores.
1. Source of Hindu Law
1. Shrutis Vedas
3. Digests and Commentaries
2. Precedence or Judicial decisions
3. Justice, Equity and Conscience.
1. Shrutis/ Vedas
- Words of gold
- Shru = hear
- Vedas were written by Ganesha
- Heard by sages, spoken by god
Type of Vedas
- What is remembered. Memories
- Heard by sages. Spoken by god. Remembered from god. What has been remembered by sages
3. Digest and Commentaries
- Comments on shlokas and smritis
- 2 major digests / commentaries
- Written by jimutavahana
- Main focus on succession
- Son gets property after death of father
- In Bengal and Assam only
- Recent School
Yajna Valkya Smriti Written by Vijnaneshwara
- Main focus on inheritance by birth
- Son has customary birth right on property
- Rest of India except Bengal and Assam
- Orthodox school
Vineeta Sharma Vs Rakesh Sharma
Interpretation of 2005 amendment. Son's right to be coparceners should be given to daughters as well.
2020, the Court said that daughters have right from Birth
- Does not oppose public policy
- Does not oppose any law or statute
6. Precedence/ Judicial Decisions
7. Justice, Equity and Good Conscience
- Principle of English Law
- When same rule of Hindu Law is silent on something the judges rule and decides for this.
Types of Succession
2. Testamentary document decides
2. Laws decide
Section 30 - Testamentary will receiver will be governed by Hindu succession Act.
1. Full Blood - Ancestor
2. Half Blood - Ancestor
3. Uterine Blood - Ancestor
Rules of Inheritance
1. Full Blood . 1/2 Blood
Someone who murdered or attempted to murder his relative will loose his right of inheritance.
3. Converting from Hinduism
After conversion, right of inheritance stays. But, offspring's of the converter lose the inheritance rights.
4. Child in Womb
- We presume that the child will be born alive
- Child has right to inherit
- Transfer of Property Act Supports as well
Section 28 - Having a disease does not disqualify inheritance rights
6. 2 Persons
A & B two brothers died together. It will presume that a died earlier than B. Section 27 A's Kid's inheritance right is 1 and B's Kids right is 2.
Section 8 - General rules of succession in the case of males
1. Class I Heirs - Section 10
2. Class II Heirs - Section 11
3. Agnates - Section 12
4. Cognates - Section 12
5. The State (Escheatment) 29
Section 15 General rules of succession in the case of female Hindus
1. Son, Daughter, Husband
2. Heirs of Husband
3. Mother and Father
4. Heirs of Father
5. Heirs of Mother
Section 22 - If a person dies without will, his sole proprietorship/ partnership/ LLP will be dissolved amongst class I heirs.
If someone not in Class I wants a share, they can claim and will get preference above.
Section 27 - Succession when heir disqualified
If any person is disqualified from inheriting any property under this Act, it shall devolve as if such person had died before the intestate.
Invalid Marriage - It is a marriage not recognized by court or done for illegal purposes. e.g. marriage not registered
Constitution of India
Other Laws, International bodies etc