Kanoon With Kabir

 

 Previous year question  Who are the natural guardians of a Hindu minor? What are their powers? [DAVV] [refer Sec 6 natural guardians and  Sec 8 of the act - powers of natural guardian] Refer and read the act here Select provisions from the act Sec 4 Definitions “minor” means a person who has not completed the age of eighteen years;  “guardian” means a person having the care of the person of a minor or of his property or of both his person and property, and includes—   natural guardians as mentioned in sec 6 Sec 6 Natural guardian of a minor natural guardians of a Hindu minor; in respect of the minor's person as well as in respect of the minor’s property (excluding his or her undivided interest in joint family property), are—  (a) in the case of a boy or an unmarried girl —the father, and after him, the mother ,  custody of a minor below five years shall ordinarily be with the mother;  (b) in the case of an illegitimate boy or an illegit...

 Previous year question Define Adoption and describe the main requisites and conditions of a valid adoption Read the Act here  and keep it open to refer to it as you go through this post. Acts Hindu Adoption and Maintenance Act Guardians and Wards Act, 1890 Personal Laws (Amendment) Bill, 2010 Adoption may be defined as the process of creating a legal relationship between a child and a non-minor adult who is not the biological parent of the child, giving the adult custody of raising the child. About the act Chapter I Sec 2  Applicability of the act (same as Hindu Marriage Act 1955) to Hindus to Buddhists, Jains, Sikhs anyone who is not Muslim, Parsi, Jew, Christian Explanation: any child (legitimate or illegitimate) whose a) both parents are Hindu, Sikhs, Jains, Buddhists b) one parent is Hindu / Sikh / Jain / Buddhist and is raised as part of a tribe/family to which such parent belongs c)convert / reconvert to Hindi, Buddhist, Jain, Sikh Exclusion: The act would...

  Previous year questions Define Hindu law. Describe various sources of Hindu law [2022] What are the various sources of Hindu law? Discuss their importance [2023] Describe the various schools of Hindu law? What is the difference between Mitakshara and Dayabhaga School of Law? Hindu Law it is a code of personal laws that applies to Hindus, Sikhs, Buddhists, and Jains in India in matters of marriage, divorce, adoption, inheritance and succession, minority and guardianship etc. it was developed from a compilation of legal maxims, i.e. Dharma (duty) from works such as Nadasmriti Sources of Hindu Law Ancient sources which include Shruti, Smriti, Digests, Commentaries, and Customs Shruti (what was uttered) were divine utterances found in the 4 Vedas (Rig, Yajur, Sam, Atharva Veda), 6 Vedangas (appendices to Vedas), and 18 Upanishads  Smriti (what was remembered) or Codes were transmitted by Rishis (sages) to through generations, for example, Manusmriti Interpretations of smriti...

Previous year exam questions Explain the concept of Joint Coparcenary under Mitakshara Law. Differentiate b/w coparcenary and Joint Hindu Family [2022] Distinguish between Mitakshara and Dayabhaga school of law [2022] What do you know about Karta? What are his rights and duties towards his family? [2023]

 Previous year questions Short notes on 1.will 2 endowment 3 stridhan Essential elements of a gift. What is the difference between a gift and a will? Explain the rules of succession to the property of a female under Hindu Succession Act Discuss the main features of Hindu Succession Act, 1956 What do you understand by Stridhan? Discuss characteristics and various types of Stridhan

Previous year question  Explain the concept of marriage under the Hindu Marriage Act 1956. State in detail the main grounds of divorce under the Hindu Marriage Act 1956? [DAVV 2022] Write short notes on (a) valid custom (b) judicial separation (c) partition [DAVV 2022] Write a short note on (a) valid custom (b) void marriage The Acts Hindu Marriage Act, 1955 the Hindu Marriage (Tamil Nadu Amendment) Act, 1967 Section 7(A)  Concept of Marriage - it is to establish the relationship between a husband and wife, a semblance of both sacramental marriage and a contract - historically, marriage has a sacramental view, one of the essential sanskaras in Hindu - the modern concept of marriage views it as a contract entered by two individuals of their own volition List of leading cases of the Hindu Marriage Act at a glance Case - critical aspect of HMA Surajmani Stella Kujur v. Durga Charan Hansdah - Who is a Hindu, applicability of HMA S. Nagalingam v. Sivagam i - Sec 7 (A), the vali...