Law & Life

Muslim personal law in India is broadly divided into two main schools — Sunni law and Shia law . These two schools represent the two major sects of Islam and differ significantly in their approach to various aspects of personal law, including inheritance . Both schools derive their rules of inheritance from the same primary sources — the Holy Quran, Hadith (sayings of Prophet Muhammad), and Ijma (consensus of scholars) — but they interpret these sources differently, leading to important differences in the rules of inheritance. In India, Muslim personal law is largely uncodified and is applied by courts based on the classical texts of Islamic jurisprudence. The Shariat Application Act, 1937 applies Muslim personal law (including inheritance) to Muslims in India. The applicable school (Sunni or Shia) depends on the sect to which the deceased belonged. Understanding the differences between Sunni and Shia inheritance law is extremely important for law students and practitioners deali...

Partition is one of the most important concepts in Hindu family law. It refers to the process by which the Hindu Undivided Family (HUF) comes to an end and the joint family property is divided among the coparceners, each taking his or her separate share. Partition transforms joint family property into separate, individual property of each coparcener. After partition, each person becomes the absolute owner of his or her share and is free to deal with it as he or she pleases. The law relating to partition of Hindu joint family is primarily governed by: The Hindu Succession Act, 1956 (particularly after the 2005 Amendment) The Partition Act, 1893 Customary Hindu law as developed through judicial decisions The Code of Civil Procedure, 1908 (for suits for partition) The concept of partition is rooted in the ancient Hindu legal texts including Manu Smriti, Yajnavalkya Smriti , and the commentaries of Mitakshara and Dayabhaga schools of Hindu law. Meaning of Partition Partit...

Letters of Administration is an official document issued by a competent court that authorizes a person (called the Administrator ) to manage and distribute the estate of a deceased person. It is granted when a person dies intestate (without a Will) or when a person dies leaving a Will but without appointing an executor, or when the appointed executor is unable or unwilling to act. The concept of Letters of Administration is governed by the Indian Succession Act, 1925 , particularly Part IX (Sections 234 to 317) . Meaning of Letters of Administration Letters of Administration is a legal authorization granted by a District Judge or High Court to a suitable person, called the Administrator, to: Take possession and control of the deceased's estate Pay the debts and liabilities of the deceased Distribute the remaining estate to the legal heirs The Administrator performs the same functions as an executor but derives his authority from the court rather than from a Will made...

The Hindu Gains of Learning Act, 1930 is an important piece of legislation in Hindu law that deals with the ownership of property acquired by a Hindu through his own learning, skill, and education. Before the enactment of this Act, there was a serious and unjust rule under the old Hindu law (particularly the Mitakshara school) that property acquired by a Hindu through his own education and learning was treated as joint family property — meaning that all members of the Hindu Undivided Family had a share in it. The Hindu Gains of Learning Act, 1930 abolished this unjust rule and declared that such property is the separate/self-acquired property of the individual who earned it through his learning. Historical Background Under the old Mitakshara school of Hindu law, the joint family was entitled to a share in any property acquired by a coparcener (male member of the joint family) if the acquisition was made with the help of joint family funds or joint family property. This principle...

Introduction The concepts of Agnates and Cognates are important categories of heirs under the Hindu Succession Act, 1956 . They come into play in the succession to the property of a Hindu male who dies intestate (without a Will) when there are no Class I heirs, Class II heirs, or other closer relatives. These concepts are rooted in ancient Hindu law and have been codified and modernized under the Hindu Succession Act, 1956. Meaning of Agnates — Section 3(a) Under Section 3(a) of the Hindu Succession Act, 1956, a person is said to be an agnate of another if the two are related by blood or adoption wholly through males . In simple terms, an agnate is a person whose relationship with the deceased passes only through male links — there is no female link in the chain of relationship. Examples of Agnates: Father's brother — relationship through father (male) → grandfather (male) → great-grandfather (male). All male links. So father's brother is an agnate. Father's...

  Introduction An Executor of a Will is a person who is appointed by the testator (the person who makes a Will) to carry out and give effect to the provisions of the Will after the testator's death. The concept of executor is governed by the Indian Succession Act, 1925 , which is the main legislation dealing with testamentary succession in India. The executor is the legal representative of the deceased and plays a crucial role in ensuring that the last wishes of the testator are faithfully carried out. Meaning and Definition Under Section 2(c) of the Indian Succession Act, 1925, an executor is defined as: "A person to whom the execution of the last Will of a deceased person is, by the testator's appointment, confided." In simple terms, the executor is the person trusted by the testator to manage and distribute his estate after death according to the instructions in the Will. Appointment of Executor 1. Express Appointment The most common method is when the testato...

 Introduction The law of succession for Christians in India is governed by the Indian Succession Act, 1925 . This Act is a comprehensive legislation that deals with both testamentary succession (succession through a Will) and intestate succession (succession without a Will) for Christians, Parsis, and certain other communities in India. The Act consolidates and replaces several earlier laws relating to succession and came into force on 30th September, 1925 . The Indian Succession Act, 1925 applies to Christians throughout India with respect to both intestate and testamentary succession. The provisions relating to Christian intestate succession are contained in Part V (Sections 31 to 49) of the Act. The Act is based largely on English succession law but has been adapted to suit Indian conditions. It provides a uniform, secular, and gender-neutral framework for the distribution of property among Christian heirs. Applicability of the Indian Succession Act to Christians The I...