Month: August 2022
-
Intestate Succession in Parsis (Ss. 50 to 56 of the Indian succession Act, 1925)
The word “Parsi” has not been defined in the Indian Succession Act. Under the Parsi Marriage and Divorce Act, the term refers to a Parsi Zoroastrian. So, the children of a Parsi father would be Parsis, even if their mother is a non–Parsi, provided they are admitted into the Parsi religion and profess the Zoroastrian…
-
Intestate Succession in Christians (Ss. 29 to 49 of the Indian succession Act, 1925)
The term “succession” ordinarily means the transmission of the property and the transmissible rights and obligations of the deceased. The property may be ancestral or self-acquired property may devolves in two ways i.e., a) By testamentary succession i.e., the deceased died by executing will bequeathing his properties to specific heirs and b) By intestate succession…
-
Situational Problems Based on Domicile
In this article we shall apply the concept of domicile under the Indian Succession act to decide succession of movable property and immovable property. Problem 01: A, born of British parents in England in 1854, came to India in 1880 to serve as a missionary and except for visits to England on leave for six…
-
Domicile by Operation of Law (Ss. 14 – 19 of the Indian Succession Act, 1925)
The concept of Domicile plays a necessary element in having the ownership of their property, taxes, will, their childbirth, and, also their marriage validity. Domicile means a permanent home or place where a person resides with the intention of remaining there for an indefinite period. The domicile is secured of every individual as soon as…
-
Domicile of Choice (Ss. 9 – 13 of the Indian Succession Act)
The domicile is secured of every individual as soon as he/she is born. The domicile obtained due to birth is called domicile of origin. This domicile may change due to domicile by choice or domicile by the operation of the law. Domicile plays an important role in the writing of Will, intestate succession and succession…
-
Domicile of Origin (Ss. 6, 7, 8, and 19 of the Indian Succession Act)
Domicile means a permanent home or place where a person resides with the intention of remaining there for an indefinite period. The domicile is secured of every individual as soon as he/she is born. This domicile may change due to domicile by choice or domicile by the operation of the law. Domicile plays an important…
-
Need of Concept of Domicile (Ss. 4 and 5 of the Indian Succession Ac, 1925)
The term ‘Domicile’ is not defined in the constitution. Ordinarily, it means a permanent home or place where a person resides with the intention of remaining there for an indefinite period. A person cannot have more than one domicile. The concept of domicile has been explained by a distinguished American Judge, Oliver Wendell Holmes J,…
-
Maintenance Under Muslim Law
The concept of Maintenance under Muslim law was introduced to provide support to those people who are not capable to maintain themselves. The principle of maintenance includes the basic requirement of a person for survival and includes amenities like food, clothing, shelter, education and other necessities of life. ‘Nafaq’ is the term used for maintenance…
-
Guardianship Under Muslim Law
Guardianship is the lawful entitlement to supervise the movements and acts of a person who is unable to care for himself and handle his own affairs due to mental flaws, such as an infant, an imbecile, or a lunatic. The welfare of the child plays the most important role in the appointment of the guardian.…
-
Acknowledgment of Paternity of Child
Parentage is the relation of parents to their children. The parentage includes maternity and paternity. It is generally used for a legal relationship which the child has with the parents. These legal relationships are associated with certain rights and duties such as rights of inheritance, maintenance, and guardianship. In the most systems of law, maternity is the natural relationship…