States of Andhra Pradesh, Tamil Nadu, Maharashtra and Karnataka inserted provisions wherein the daughter was made a coparcener by birth in the joint family property in her own right in the same manner as the son. This scheme was followed by the central legislature which passed the Hindu Succession Amendment Act, (2005). This act made the daughter a coparcener by birth. It also omitted Section 23 of Act which disentitled a female heir to ask for partition in respect of a dwelling house, wholly occupied by a joint family, until the male heirs choose to divide their respective shares therein. Thus this amendment removed the discrimination against
With respect to testamentary succession, it empowers a Hindu male or female, to make a testamentary disposition of the totality of properties, in favor of anyone, male or female.6 For male Hindu, who is a member of a Mitakshra coparcenary, the capability to make a will extends to even an undivided share in the Mitakshra coparcenary property.7 3 Mulla on succession law 4 Bhim singh v. rash bihari, AIR 1965 MP 234 5 Rashmi v. K Ashutosh, AIR 1972 Pat. 567 6 Raman Singh v. Bibi Jagir Kaur, AIR 1932 Pun. 234 7 Ghyan chand v. talbir singh & ors., AIR 1956 SC 45 The general principles of inheritance which are applicable in case of males8, give statutory form to certain well-established Hindu law norms, which are deeply entrenched in the society. As a general rule, full blood male Hindus are accorded a preferential Upon a Hindu male's death, the right of succession first devolves upon the Class 1 heirs, if any. If there are several Class 1 heirs, then, there are some very sound and certain rules as to how they will share the properties amongst themselves.10 The wife, mother
A monarchy is a state or country that is governed by a king or monarch. Or in other words, a monarchy is a form of presidency or government wherein a set or group who are commonly a circle of relatives called the dynasty, represents a State’s or country’s national identification, called the monarch, performing a role of sovereignty. The real power of the moanrch can also change from merely symbloic or significant to partial and confined. The monarchy can be either constitutional monarchy or completely autocratic or absolute moarchy. Traditionally and in most cases, the monarch’s post is inherited and lasts till death or resignation.
Acquired property is show the belonging acquired before marriage and it also can obtain together during the marriage. A share of acquired property will be transfer to relatives by marriage. For the legacy, it will change to ancestral. Ancestral property involves the belonging hereditary from ancestors, which can only be hereditary by blood
Tradition: Now, first of all I would like to draw a brief structure of the so called “Traditional Patriarchy”, which will help us to make a sense of the question how to overcome the Traditional Patriarchy and to answer it. Traditional Patriarchy in Indian context goes back as earlier as 1000 B.C., when the Vedas were being drafted. In Indian Tradition, patriarchy always found a dominant place. And the most importantly all these things were done scripturally, which gave birth to a male dominant society. “Male” got a place of the lord of home, chief of the tribe, the commander of military expeditions, the king of the state, and the story didn’t end there, as he occupied each and every source of economy and put it in his hand whether as trader
Boycott from the society and family was another challenge for them. Family was not in contact for a years that was also the big challenge for them. Different factors of family opposition are because of societal pressure family are against for inter-caste marriage. Another dimension of family is parents cannot digest that their children are taking own decision of marriage. Parents always thinks that they are always right and children are wrong with special reference to marriage decision.
Regional law Regarding the regional instruments, the European Convention for the Protection of Human Rights and Fundamental Freedoms issued by the Council of Europe in 1950 mentions the right to marry and found a family in the Article 12 emphasizing the role of national legislation: “Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.” While the right to marry and to found a family is not defined in the Arab Charter on Human Rights or in the African Charter on Human and Peoples’ Rights, the ASEAN Human Rights Declaration takes into account this right in the Article 19 stating that: “The family as the natural and fundamental unit of society is entitled to protection by society and each ASEAN member state. Men and women of full age have the right to marry on the basis of their free and full consent, to found a family and to dissolve a marriage, as prescribed by
‘Mother India’ implies that she is the mother of Indian society (Natarajan 1994). According to film scholar Jyotika Virdi (1975), Mother India can also be seen as a metaphor of the trinity of mother, God and a dynamic nation. The poster reflects an element of Hindu-Muslim syncretism. The Hindu protagonist is played by a Muslim actor (Nargis). The male actors are Hindu men.
Chapter 4 Ancient Indian Judicial System Unless every citizen is not ensured of justice a nation cannot exist freely. So every citizen should be literate in the system of justice. To understand judicial system one should know the history of Indian judicial system. We had a domestic system of safe guarding justice during the Vedic period of India and afterwards. It had its basis and features in Dharma.
Property is passed from generation to generation within the father’s family. The joint family consists of persons having a common male ancestor, female offspring not yet married, and women brought into the group by marriage. All of these persons might live in a common household or in several households near to one another. In any case, so long as the joint family holds together, its members are expected to contribute to the support of the whole and to receive from it a share of the total product. Characteristics of Joint Family: (i) Large Size: The first characteristic of the joint family is its large size.