Anchal Jaiswal - Family Law Cia-1

Name : Anchal Jaiswal
Reg no. : 20113107 BBA LLB

Faculty submitted to : Manpreet Kaur
Date: 12th September, 2021
Family Law-I (CIA-I Component-I)
1. Who are Hindus? Persons to whom Hindu law does and does
not apply?
 WHO IS A HINDU?
The name 'Hindu' had a territorial significance from the beginning. It was only used to
indicate nationality. The term 'Hindu' is, in fact, of foreign origin. This term originated
with the arrival of Greeks, who referred to the residents of the Indus valley as "Indoi,"
and was eventually expanded to include all people living outside of the Indus basin. The
word Hindu is derived from the word Sindhu, which is also known as the Indus river,
according to the Supreme Court. As a result, the term Hindu initially had a geographical
rather than a religious significance. It meant that you lived in a specific geographical
place.
Hindu Concept of Law:- Law is a branch of dharma for Hindus. Dharma is present in
Hindu philosophical philosophy as well as Hindu social structures. In this view, law is
regarded as a subset of dharma. Dharma, according to Manu, is "what is. Those who are
skilled in the Vedas, as well as what is approved by the conscience of the people, should
be obeyed by the pure who are free of hatred and strong affection. Hindu law is derived
from the Smritis, which are elaborated in Sanskrit commentaries and digests. There is no
apparent separation between norms of law and laws of morality or religion in these Smriti
scriptures. The Hindu law is a collection of personal laws that regulate the social affairs
of the members of the Hindu religion. These social affairs include marriage, adoption,
inheritance, partition and other family matters.
 To Whom Hindu Law Applies:-

Hindu law applies to the following categories of persons:-
1. Any person who is a Hindu. Jain, Sikh or Buddhist;
2. Any person who is born of Hindu Parents;
3. Any person who is not a Muslim, Christian, Parsi or Jew and who is not governed by
any other law.
The following people can be classified as Hindus based on the preceding description of
them:-
1. Hindu by Religion: Following two types of persons fall in this category:-
i) Followers of Hindu Religion:-
A Hindu is someone who practises or aspires to practise Hinduism.
ii) Converts and Reconverts to Hinduism:-
Anyone who converts to Hinduism, Jainism, Buddhism, or Sikhism is considered a Hindu
under Hindu law. In Perumal v. Poonuswami (1971 S.C. 2352), the Supreme Court stated
that a person can be a Hindu by birth or through conversion. A Hindu is someone who
has converted to Hinduism, Jainism, Buddhism, or Sikhism. If a person ceases to be a
Hindu by converting to a non-Hindu religion, he can return to Hinduism by subscribing
to one of the four Hindu religions.
2. Hindu by Birth: Following persons are deemed to be Hindus by birth:-
i) When both the parents are Hindu:-
Hindus are Hindus if they are born to Hindu parents. A child like this could be legitimate
or illegitimate. It also makes no difference whether the child professes, practises, or
believes in the religion of its parents.
ii) When one Parent is Hindu:-
When one of a child's parents is Hindu and he is raised in a Hindu family, he is
considered a Hindu. The explanation (b) of Section 2(1) of the Hindu Marriage Act, 1955
makes it plain that the child's religion is not always the father's. A child is born to a
Hindu mother and a Muslim father, for example. The child is raised in a Hindu
household. Mother converts to Islam as a result. Regardless, the child is a Hindu. A good
case of this is Ram Prasad v. Dahin Bibi ( A.!. R. 1924 Pat. 420).
3. Persons who are not Muslims, Christians, Parsis or Jews:-

A person who is not a Muslim, Christian, Parsi, or Jew is ruled by Hindu law, unless it
can be proven that Hindu law does not apply to them. Atheists, those who believe in all
faiths, or people who believe in a mix of faiths, may fall into this category. For the
purposes of applying Hindu law, such individuals shall be considered Hindus under the
codified Hindu law.
2. Distinguish between Mitakshara and Dayabhaga Schools of Law.
Two major schools of Hindu Law
1. Mitakshara school 2. Dayabhaga school
These two school's of law differ in two main matters -

1. in some matters connected with the joint family system, and
2. in the rules of inheritance.
In the Mitakshara school, the right to family property is obtained by birth, a family being a unit,
individual rights are not recognised, and females have no rights of succession to family property.
Survivorship transmits this right to the male members.
In the Dayabhaga system, the property is acquired by inheritance or by will. The share of a
deceased coparcener goes to his widow where there is no nearer heir.
The fundamental points of difference between the Mitakshara and Dayabhaga Schools of law
may be summarised as follows -
In regards to the Joint family:-

Mitakshara Dayabhaga
1. Right to ancestral property arises by birth. 1. Right to ancestral property is only given
Hence the son becomes the co-owner of the after the death of the last owner. It does not
property sharing similar rights as of the father. recognise the birth right of only an individual
over an ancestral property.
2. Under this school, the father does not 2. Father has the absolute right of alienation
possess the absolute right to alienate the of the ancestral property as he is the sole
property. owner of that property during his lifetime.
3. Under Mitakshara school, the son attains the 3. In Dayabhaga school. son has no
right to become the co-owner of the property right to ask for the partition of ancestral
he can ask for the partition of the ancestral property against his father.
property even against the
father and can demand for his share.
4. Under Mitakshara school the survivorship 4. In Dayabhaga school, the interest of the
rule is prevalent. In case of the death of any member on their death shall pass on to their
member in the joint family, his interest shall heirs like widow, son, daughters.
pass to other members of the family.
5. This school is applicable in the whole part 5. Dayabhaga school predominantly prevailed
of India except in West Bengal and Assam. in Assam and West Bengal.
In regards to inheritance:-
Mitakshara Dayabhaga
6. Under Mitakshara the rule of blood relationship or 6. In Dayabhaga school the

consanguinity is followed inheritance is
in case of inheritance. governed by the rule of the offering
of pinda.
7. Under Mitakshara school the cognates are postponed 7. In Dayabhaga cognates are
to agnates or not preferred
preferred upon agnates. upon the agnates.
8. Mitakshara school expanded its recognition to a very 8. Dayabhaga, on the other hand,
limited extent in regards to the recognition of the has expanded its recognition to the
doctrine of factum valet. full extent.

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Name : Anchal Jaiswal

Reg no. : 20113107 BBA LLB

 To Whom Hindu Law Applies:-

3. Persons who are not Muslims, Christians, Parsis or Jews:-

Two major schools of Hindu Law

1. Mitakshara school 2. Dayabhaga school

These two school's of law differ in two main matters -

In regards to the Joint family:-

6. Under Mitakshara the rule of blood relationship or 6. In Dayabhaga school the

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