General Principles of Succession and.docx

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FAMILY LAW- II  FUDAMENTAL DIFFERENCCES BETWEEN HINDU AND MUSLIM LAWS OF   INHERITANCE   INHERITANCE  Supervised By:  DR. ANJU ANJU TIYAGI TIYAGI Submitted by:  BHAV NINDER SINGH SIDHU SIDHU (15 BALLB 14) 14)

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TABLE OF CONTENTS 

 INTRODUCTION GENERAL RINCILES  INHERITTANCE  INHERITTANCE CONCLUSION  BIBLIOGRAHY

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INTRODUCTION The general general law relating relating to the inheritance inheritance and succession succession can easily be referred referred

to

The

Indian Succession Act, 1925. Under this Act every Indian is entitled to eual shares on inheriting the !ro!erty on the death of a !erson. The e"ce!tions are #indus, Si$hs, %ains, &uddhists and 'usli(s as they are governed under se!arate laws of succession. As for the  !ersons of different faiths than #induis( and 'oha((edan, the Indian Succession Act, 1925 a!!lies. )e can easily segregate the laws of nontesta(entary or intestate succession and inheritance as would be a!!licable to #indus, Si$hs, %ains and &uddhist and with *arsis, +hristians and %ews with that of 'usli(s and with !ersons of inter faith (arriages. 1 aws of succession a!!licable to #indus, Si$hs, %ains and &uddhist- for the nontesta(entary or intestate successioninheritance, the governing law is the #indu Succession Act, 195/. aws of succession succession a!!licable a!!licable to *arsislaw

is

for the

intestate intestate

succession succession

the

governing governing

the Indian Succession Act, 1925 s!ecifically under section 50 to 5/ of the Indian

Succession Act, 1925. aws of succession a!!licable to +hristians and %ews- for the intestate the governing law is the Indian Succession Act, 1925 s!ecifically under section 1 to 9 of  the Act. aws of succession governing 'usli(s- for nontesta(entary succession the The 'usli( *ersonal aw 3Shariat4 A!!lication Act, 19 is a!!licable and where a 'usli( has died testate, the issue has to be governed under the Indian Succession Act, 1925 where a )ill relates to i((ovable !ro!erty situate within the State of )e )est st &engal, and that of  'adras and 'u(bai %urisdiction.2 The #oly 6uran states 7Allah has !urchased fro( the believers their !ersons and their wealth in lieu of %annah.7 'an is a trustee of the wealth that he owns for he duration of his life. )hen his ter( of life e"!ires, his trusteeshi! over his wealth and !ro!erty e"!ires. It has then to be redistributed redistributed in accordance accordance with the directive of The Absolute Absolute 8wner 8wner Allah Allah Taala. Taala. irectives irectives regarding the distribution distribution of wealth after the de(ise of the !rovisional !rovisional owner owner are

1 'General Principles Of Inheritance Under Muslim Law - Rules Relating Relating !' "Slideshare.net # 2$1%& http())www*slideshare http())www*slideshare*net)hanifmulia)gener *net)hanifmulia)general2$al2$principles2$+f2$inheritance2$under2$muslim2$law, principles2$+f2$inheritanc e2$under2$muslim2$law, accessed 22 pril 2$1% 2 I.id

/ e"!licitly detailed in the #oly 6urann.Inheritance aws deals with distribution of one:s wealth after heshe e"!ires. It deals with two $ey issues; 1. *rovide laws !ertaining to distribution of wealth a(ongst heirs, so heirs don:t fight. 2. eneral Inheritance aw in Isla( is based on following considerations; 1. &rea$ u! the concentration of wealth and distribution of wealth in society.  2. ?es!ect right of ownershi! of an individual that he earned through legal (eans, and not allow any individual, grou! grou! or govern(ent to confiscate his !ro!erty !ro!erty after his de(ise. 5 . andurii Lotesh Loteshwara wara((a ((a,,

3% 8chae.ler ;# 'Intr+ducti+n' "2$13& 1$3 he Muslim @+rld @+rld 3 'Inheritance nd 8uccessi+n# Rights Of @+men nd >aughters Under Pers+nal Laws F LeE+rates - Law 8pea+nald R* >a?is# :r*' :r*' "2$1$& 3 he :+urnal +f 5indu 8tudies

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CONCLUSION

&oth #induis( and Isla( lays stress on distribution of !ro!erty and have (ade !rovisions to distribute it a(ong heirs. So(e of the biggest and funda(ental differences that we got to notice in here was between the right to !ro!erty and also in the doctrine of re!resentation. These two could be considered funda(ental in the sense that both of these rights rights co(!letely cut off the right to !ro!erty in one way or the other for the heirs. )hile in #indu law a child born has an absolute right in the !ro!erty in (ita$shara school of #indu law, while in isla( the right to !ro!erty does not o!en u! at the birth of so(eone itself. In 'usli( law a !erson has the right to decide the fate of his !ro!erty fully if we are to loo$ carefully we will see a star$ si(ilarity between 'usli( law of inheritance and the dyabhaga school of  inheritance in #indu law . The ayabhaga School neither accords a right by birth nor by survivorshi! though a =oint fa(ily and =oint !ro!erty is recogni@ed. It lays down only one (ode of succession and the sa(e rules of inheritance a!!ly whether the fa(ily is divided or undivided and whether the  !ro!erty is ancestral or selfCacuired. Heither sons nor daughters beco(e co!arceners at birth nor do they have rights in the fa(ily !ro!erty during their fatherDs lifeti(e. #owever, on his death, they inherit as tenantsCinCco((on. It is a notable feature of the ayabhaga School that the daughters also get eual shares along with their brothers. Since this ownershi! arises only on the e"tinction of the father:s ownershi! none of the( can co(!el the father to !artition the  !ro!erty in his lifeti(e and the latter is free to give or sell the !ro!erty without their consent. Therefore, under the ayabhaga law, succession rather than survivorshi! is the rule. If one of

1 the (ale heirs dies, his heirs, including fe(ales such as his wife and daughter would beco(e (e(bers of the =oint !ro!erty, not in their own right, but re!resenting hi(. Since fe(ales could be co!arceners, they could also act as $artas, and (anage the !ro!erty on behalf of the other (e(bers in the ayabhaga School  As we can see that yabhaga school is uite si(ilar to the 'usli( law of inheritance. It is only after the death of the !erson that the right to !ro!erty (ay co(e into e"istence u! until then the heirs have only a right to s!esCsuccessions to the !ro!erty which (eans that they only have a chance to inherit the !ro!erty. The other (ain difference between betwe en the two syste(s of laws is that of the doctrine of re!resentation. The 'usli( law does not recogni@e the doctrine of re!resentation while the #indu law does. The doctrine of re!resentation has  been discussed above in the !ro=ect. The (ain (ain thing that co(es to (ind is the in=ustice that is ha!!ening to the re(oter heir in the 'usli( law. This law is !roble(atic in every sense, but now various Isla(ic countries have realised the !roble( with this law and are trying to correct this !roble( for e"a(!le The 'usli( Ba(ily aws 8rdinance, 19/1 3Sec. 4 of the then *a$istan, !redo(inantly a Sunni state, rectified the traditional law by the doctrine of re!resentation, which was also incor!orated in &angladesh after liberation war. Also eneral *rinci!les 8f Inheritance Under 'usli( aw In India: 3 World’s Largest  Collection

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