Hindu Succession Law Case Study

1) Testamentary succession

Nature

Hindu succession law Muslim succession law

Property Ancestral property: "Ancestral property" has been defined in Hindu Law as the property inherited from the father, father's father or father's father's father.

Personal property: Separate and self acquired property generated from income. Muslim law draws no distinction between ancestral and personal property.

What kind of property can be disposed off? • Movable and immovable property.

• Separate and self-acquired property.

• Property of a sole surviving coparcener.

• Stridhan by female Impartible estate unless it has not been prohibited by tradition. Property movable or immovable, corporeal or incorporeal, which must be in existence and transferable at

• A female Hindu can dispose of his property through gift. Before 1956, a female Hindu was entitled to dispose of only her stridhana property by gift. Now, she can dispose of all her property by gift, whether it be stridhana, or whether it is obtained by her by inheritance from her husband or otherwise in whatsoever manner.

Gift known as hiba under muslim law.

• Hiba is only one of the transaction which are covered by general term gift.

• Hiba is a transfer without consideration.

• A gift by a Muslim in favour of his co-religionist must be under the Mohammedan Law.

• Section 141: gift to unborn person, a gift to a person not yet in existence is void.

• Section 143: power of appointment , a power given to a legatee to appoint a successor is invalid under mahomedan law

• Trust /Wakf • “trust” is an obligation annexed to the ownership of the property, and arising out of confidence reposed in and accepted by the owner or declared and accepted by him, for the benefit of another, or of another and the owner.

• Valid religious as charitable purpose of the trust as per the norms of Hindu Law.

• Capability of the author of the trust to create such a