The System Of Copartionary

Formation of Mitakshara coparcenary:- A single person cannot form a coparcenary. There should be at least two male members to constitute it. Like a hindu joint family, the presence of a seniormost male member is a must to start a coparcenary. A minimum of two members are required to start and to continue a coparcenary. Moreover, the relation of father and son is essential for starting a coparcenary. For example, a hindu male obtains a share at a time of partition from his father and then gets married. Till the son is born, he is the sole male in this family, but he alone will not form a coparcenary. On the birth of his son, a coparcenary comprising of him and his son, will come into existence. When this son gets married, and a son is born to him, the coparcenary will comprise the father F, his son S, and his grandson.

When a coparcenary is started, the seniormost male member, with his son, that is, lineal male descendant, till four generations (inclusive of him) of male line will form a coparcenary. If there is a lineal male descendant in the fifth generation, he will be the member of the joint family, but will not be a coparcenar as he is removed from the seniormost male member by more than four generations.

When all the coparcenars die, leaving behind only one of them, the surviving coparcenar is called the sole surviving coparcenar. As a minimum of two male members are required to form a coparcenary, a sole surviving coparcenar cannot form a coparcenary all by himself.

Why is coparcenary limited? The coparcenary is limited to three generations of lineal male descedance of the last holder of the property owner. According to the tenets of hinduism, only descendants up to three generations can offer spiritual ministrations to the common ancestor. Besides, only males can be coparcenars because the females invariably leave the father's house and assume domestic duties as they enter in the husband's home.

4.2 Family Law - II (S.V.University Old Question papers)

Family Law - II 3 yr LLB Jul 2002 page-1	Family Law - II 3 yr LLB Jul 2002 page-2
Family Law - II 3 yr LLB Dec 2002

Hindu law from Shubhranshu Upadhyay

HINDU

1 .Hindu by Religion : In this category two types of persons fall –

a)Those who are originally Hindus, Jains, Sikhs or Buddhist by religion, and

●

b) Those who are converts or reconverts to Hindu, Jain, Sikhs or Buddhist religion

c)  Converts and Reconverts to Hinduism

●

2. Hindu by Birth :  A child whose both the parents were Hindus, Sikhs, Jains or Buddhists at the time of his birth, is regarded as Hindu. A person will be Hindu if at the time of his birth one of the parents was Hindu and the child is brought up as a member of the tribe, community, group or family to which Hindu parent belonged at the time of his birth.

 3. Who are not Muslims, Christians, Parsis or Jews :  Any person who is not a Muslim, Christian, Parsi or Jew and who is not governed by any other law, is governed by Hindu law, unless it is proved that Hindu law is not applicable to such a person 

Under the Codified Law :  Section 2 of the Hindu Marriage Act 1955, provides that the Act applies to the persons listed below (and similar provisions are also made in the other enactments of Hindu Law) –

1. Application of Act – This Act applies –

a) to any person who is Hindu by religion in any of its forms of development, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj;

b) to any person who is a Buddhist, Jaina or Sikh by religion; and

c) to any other person domiciled in the territories to which this Act extends, who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

1.5 Family Law- I S.V.University 1st semister Old Question Papers

1st semester:

Family Law - I 3 year LLB June 2007 page-1	Family Law - I 3 year LLB June 2007 page-2
Family Law - I 3 year LLB June 2008 page-1	Family Law - I 3 year LLB June 2008 page-2
Family Law - I 3 year LLB June 2009 page-1

Intercountry Adoption

What is Intercountry Adoption?

Intercountry adoption is the process by which you:

1.            Adopt a child from a country other than your own through permanent legal means; and

2.            Bring that child to your country of residence to live with you permanently.

Intercountry adoption is similar to domestic adoption.  Both consist of the legal transfer of parental rights and responsibilities from a child’s birth parent(s) or other guardian to a new parent or parents.

Intercountry adoptions are different from domestic adoptions because of the laws that make it possible to bring the child to live where you live.  Generally speaking, to qualify as an adoption for immigration purposes into the United States, the adopted child must have the same status and relationship to the adoptive parents as a child by birth. What some countries call “adoptions” are

Schools of Hindu LAW

Definition

Hindu means those people who are being following the rules of hindu religion indentify himself to others people as hindu is called hindu.

hindu law: Hindu laws means those statutes rules which prescribed the right and duties of hindu. It’s called hindu law.

SCHOOLS OF HINDU LAW

School means rules and principles of Hindu Law which are divided into opinion. It is not codified. There are two Schools of Hindu Law-

(a) Mitakshara

(b) Dayabhaga

The schools are ordinarily said to be five in number. But there are only two principal schools namely, the mitakshara school and the Dayabhaga school. The Dayabhaga prevails in Bangladesh and in the province of West Bengal in india the Mitakshara prevails in the whole of India (except the province of west Bengal) and in Pakistan.

The Mitakshara is anterior to Dayabhaga and is a running commentary on the Code of Yajnabalkya written by Vijnaneswara.

The Dayabhaga is not a commentary on any particular Code but a digest of all the Codes. It gives first preference to the Code of Manu.

The Mitakshara school is regarded as the orthodox school and the Dayabhaga the reformed one and the two mainly differ on the following matters:-

i)                   The law of inheritance.

ii)                Joint family system.

The Mitakshara is sub-divided into four or five minor schools. These differ between themselves in some matters of detail relating mainly to adoption and inheritance.

  

The schools along with the commentaries, respected as authorities are given below:-

1. Mitakshara School :

(a) Benares School :      

(i) Mitakshara

                                                (ii) Viramitrodaya