A Short Treatise on Hindu Law as Administered in the Courts of British India

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Thacker, Spink, 1895 - 175 pàgines
 

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Pàgina 155 - To the nearest sapinda, male or female, after ' him in the third degree, the inheritance next be' longs; then, on failure of sapindas and of their issue, ' the samdnddaca, or distant kinsman, shall be the ' heir; or the spiritual preceptor, or the pupil, or the * fellow -student, of the deceased: 188.
Pàgina 7 - ... of the rents a certain definite share. The proceeds of undivided property must be brought, according to the theory of an undivided family...
Pàgina 106 - Their Lordships do not think there is any ground for saying that the consent of every kinsman, however remote, is essential. The assent of kinsmen seems to be required by reason of the presumed incapacity of women for independence rather than the necessity of procuring the consent of all those whose possible and reversionary interest in the estate would be defeated by the adoption. In such a case, therefore, their Lordships think that the consent of the father-in-law, to whom the law points as the...
Pàgina 138 - Again, it is not pretended that, on the death of the not he unity of heirship. acquirer of separate property, the separately acquired property falls into the common stock, and passes like ancestral property. On the contrary, it is admitted that, if the acquirer leaves male issue, it will descend as separate property to that issue down to the third generation. Although, therefore, when there is male issue, the family property and the separate property would not descend to different persons, — they...
Pàgina 20 - Compared with auy estate that passes under the English law by inheritance, it is an anomalous estate. It is a qualified proprietorship, and it is only by the principles of the Hindu law that the extent and nature of the qualification can be determined.
Pàgina 164 - Yajnavalkya understood the word bandhu, he says.J " to intimate that the maternal uncle shall inherit in consequence of the proximity of oblations, as presenting offerings to the maternal grandfather and the rest, which the deceased was bound to offer, Yajnavalkya employs the term bandhu.
Pàgina 7 - But when the members of an undivided family agree among themselves, with regard to particular property, that it shall thenceforth be the subject of ownership in certain defined shares, then the character of undivided property and joint enjoyment is taken away from the subject-matter so agreed to be dealt with...
Pàgina 138 - According to the more correct opinion, where there is an undivided residue, it is not subject to the ordinary rules of partition of joint property. In other words, if, at a general partition, any part of the property was left joint, the widow of a deceased brother will not participate, notwithstanding the separation, but such undivided residue will go exclusively to the brother.
Pàgina 64 - If an estate were given to a man simply without express words of inheritance, it would, in the absence of a conflicting context, carry by Hindu law (as under the present state of law it does by will in England) an estate of inheritance.
Pàgina 23 - The actual pressure on the estate, the danger to be averted, or the benefit to be conferred upon it, in th-î particular instance, is the thing to be regarded.

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