HINDU LAW - ONE LINERSHindu marriage Act, 1955HMA was encated on 18th May, 1955HMA also applies to the Hindus domiciled in the terriotories to which this Act extend who are outside the said terrotorise.The marriage between the member of scheduled jribes is not governed by the Hindu Marriage Act (Section 2(2) as per Article 366(25)HMA is based on Maxims - 1. conjuctic martitet perminae act de nature - means that to keep husband and wife together is the law of nature 2. viret unor consenture in lege una pensona - means that husband and wife are considered one in lawHindu code was drafted by Raw communittee.Hindu Marriage Act is exhaustine for the application on Hindus.Half Blood means common ancestor but different wives.Uterine blood means common ancestres but different husband.Sapinda relationship is derived from 5 degrees of generation (inclusive) from father side and 3 degrees of generation (inclusive ) from mother side.Hindu Marriage may be solemnized in accordance with the customery rites and ceremonies of either of the party.Registration of Hindu Marriage is not mandatory.When the state government made the Hindu marriage to be compulsorily registable, then any peson contravening such rule shall be punishable with fine which may extend to Rs 25.Hindu Marriage register is admissible as evidence of statements therein.Restitution of conjugal right is not violative of Article 21. as held in (Saroj Rani v/s Sudarshan Kumar).In petition for restitution of conjugal Rights, alternative relief of divorce cannot be claimed.Any Marriage solemnised in contravention of section 5(i) , (iv) and 5(v) ie. havinp spouse living , sapinda relationship and prohibited relationship respectively - shall be Null Void (U/S.11)Judicial separation U/s.10 can be claimed on any of the grounds mentioned U/S. 13.Section 13 (2) talks about the special ground for divorce provided to wife against husband.Pentiton for divorce can also be presented in case there has been no resumption of conabitation or no restitution of conjugal rights as between parties to marriage for a period of one year or upwards section 13 (A)Court may pass decree for judicial ecparation as alternate relief instead of divorce if it considens just to do regarding the circumstances of the case except on the grounds U/S. 13 - causes (ii) , (iv) and (vii) of subsection )(i) (section 13A)No petition for divorce shall be entertained by the court unless one year had clased at date of presentation of petition.Court may allow such petition even before clapse of one year in case of 1. excepational hardship to petitions 2. exceptional depravity on part of repondent.Divorced parties may remavy again after the expiration of 90 days ie. right of appeal.As per section 16, children born out of void and voidable marriage, though elegitimate, to be treated as legitimate.Section 17 talks about the punishment of bigamy as per sec 494 and 495 of IPC- As per section 18, any person who contavenes provision underEvery petition under HMA shall be presented t district court as per section 19.Section 21A deals with a specific circumstance when two different petitions have been filed at two different places, either within the same district or in two different districtsDivorce proceedings shall be in cancera procedings as per section 22. of HMA.It ios not obligaroty for everyone to be governed by their personal laws wherer secular law in prevalent.For the solemnisation of marriage under HMA, bridegroom must have completed age of 21 years and bride must have attained 18 years at time of marriage.The respondent can also claim the the relief in way of counter claim under section 23A.Section 21C talks about the admissibility of documents under HMA.Section 21B provides that:- 1. every petition shall be tried conclude within six months from date of service of notice of petition on respondent. 2. every appeal shall be heard & conclude the hearing within 3 months from the date of service of notice of appeal on the respondent.The application with respect to the maintenance and education of the minor children , shall be disposed of within 60 days from the date of service of notice on the respondent.Section 27 can only relate to a limited class of property that is owned jointly by the spouses which has been presented at or about the time of marriage.HMA has the prospective effect.NO appeal shall be prefened U/S. 28 on the subject of costs only.Appeal U/S.28 shall be prefened within a period of 90 days - from date of decree or order.Section 26 deals with the custody of children.The expression solemnistation of marriage refers to rites adn ceremonies of marriage.Section 5(i) of HMA introduces manogany.Rules relating to sapinda relationship are based on principle of exogamy.Doctrine of factum valet in context of cemenoies of marriage cures non-observance of necessary cereomoniesRestitution of congugla rights is a remedy having its generis under genish law.the decree of judicial separation is judgment in rem.The consent theory of divorce was introduced in HMA in 1976.Desertiona in constituted when there is a fectum of separation and there is animus deserdendi.Before filing a petition for divorce by mutual consent, ther paries must be one year or more.the party to the petition for divorce by mutual consent can withdraw the consent unilaterlly."The consent can be withdrawn unilaterally was held by supreme court in (Sureshta Devi V/s Om Prakash).Maintenance pendente lite and litigation expenses once fixed can be enhanced or reduced depending on the nature of change of circumstances.An order under section 24 of HMA is an interlocutory order and no appeal lies against it."Any decree' withing the meaning of section 25 of HMA means decrees granting relief.charge for the purpose of permanent alimony can be created on self acquired property of repondent and on the undivided share in the joint family property.Relief of permanent alimony is incidental to the grant of substative relief.An agreement between the parties not to cliam maintenance under section 25 of HMA is not a bar in filing the petition for maintenance.An order of maintenance under section 25 of HMA can be varied modified or rescinded either prospectively or retrospetively depending on the facts & circumstances of the case.cooting period of 6 months is not mandatory was held in (Amandeep singh U/S Harveen kaur)sec.(HINDU ADOPTIONS AND MAINTENANCE ACT,)Under Hindu Law, an agreement not to adopt is void.A guardian of a child can give the child in adoption with the previous permission of the court.Adoption by a male Hindu who is a minor is void ab initioSection 10 of Hindu Adoption & Maintenance Act prohibits adoption of a married boy or girl.A married boy or girl or a boy or girl who has completed the age of 15 years can be adopted it the edge usage or custom permits such an adoption.Under HAMA, the ceremony required is giving and taking therefore no performance of datte homan id essential.If the adoption is not made in accordance with HAMA, the adoption shall be void.An adopted child cannot be given in adoption.Every Hindu male or female has the capacity to make an adoption if he/she is major of sound mind a bachelor or widower or divorces or married person.An adoption made by a Hindu male without the consent of his wife is void.under HAMA, adoption of only one daughter and son is permitted.If a Hindu dies leaving behind more than one widow each widow can adopt in absence of her own child.When the child of opposite sex is proposed to be adopted then adopter must be senior to it by at least 21 years.An admissions of adoption amount to an admission both of the factum of the adoption and its validity.The mother of an illegitimate child has power to give the child in adopted with consent of the putative father.When the Hindus couple adopts a Muslim child, the adoption is void.A Hindus can adopt a male child if the adopter has no legitimate or adopted Hindu son, son's,son's son's son.under HMA, either spouse can seek maintenance but under the ce.pe and HAMA, only the wife can claim maintenance.A Hindu wife shall be entitled to be maintained by her husband during her lifetime.An application for maintenance under section 18(2) of HAMA can be filed in District court.The obligation to maintain a 'widowed daughter' exists only when she is unable to obtain maintenance from the estate of her husband or from her son or daughter or from her father-in-Law.under section 25 of the HAMA, the amount of maintenance, whether fixed by a court's decree ro by agreement can be altered if there isa material change in the circumstances.The right to maintenance, on IPA gets defeated if the transfer is for consideration and without notice of the right.Registration of documents relating to adopting is optional but the document of authority to adopt must be compulsorily registrable.Under HAMA, and illegitimate daughter can claim maintenance from her putative father and natural father.Unmarried daughter of a predeceased son or a predeceased son of a predeceased son is not a dependdant of the deceased under section 21 of HAMA.The right to maintenance, on transfer of property if defeated if the transfer is for consideration and without notice of the right.Father-in-Law's obligation to maintain the daughter-in-Law is is co-extensive with the ancestral property is the hands of father-in-law.Under section 21, od HAMA, the dependant's claim to maintenance is against the estate and is limited to the extent to which the heir has the estate of the deceased in his or her hand.The unability of hevis who take the property of the deceased to provide maintenance to dependants is individual liability of each heir in proposition of the value of the share of the share of the estate taken by aim.Section 26 Of HAMA provides priority to the debts contracted/payable by the deceased over the claim of the dependants for maintenance.A person who is a dependant under section 21 of HAMA and also a class I heir and gets a share is the deceased's estate as heir, is not entitled to claim maintenance as dependant.The amount of maintenance which can be altered under section 25 of HAMA either by decree of court or by agreement.Section 12 of the the HAMA deals with effects of adoption.In case of adoption of a son by a Hindus widow, the adopted son shall be regarded as the son of the widow as well as of her deceased husband.As per section 27, the charge over the property of a Hindus, of the claim of dependats for maintenance can be created by the will or decree of count or agreement between the dependant and the owner.Under section 20, parent includes a childless step-mother.HAMA has an overriding effect ie. it seeks to repeal all existing laws such as ancient text, customs or legistations However, this Act does not effect the adopted, made perior to the commencement of this Act.the adoptive child cannot be given in further adoption He cannot renounce his adoptive parents return ro the family of his birht. (The position was in existence prior to this Act).A mother cannot adopt her illegitimate child only on the ground (that given cannot be the taker) However, a putative father could adopt his illegitimate child.One Hindus can given child for adoption to another Hindu irrespective of the fact of his residence, domicile or whether he is residing in India or abroad.Consent of the child to be adopted is not necessary. It does not even matter that the child to be adopted is suffering from any mental or physical disformity.Adoptive child acquires the caste of his father.Presence of pregnant widowed daughter-in-Law is no bar in making an adoption by conless male for female.The debts contracted or payable by a deceased Hindu are to have priority over the claim of his dependants for maintenance unless there is a valid charge in respect of the same U/S. 27.Under HAMA, only wife can claim maintenance when her marriage is still subsisting and that to the wife of a valid marriage.Wife who has ceased to be a Hindus cannot claim maintenance.It was said by 'Manu' that "The aged-parents, a virtuous wife, and infant child must be maintained even by doing 100 misdeeds".(In Raj Kishore Mishra v/s Meena Mishra) it was held that obligation of fathr-in-Law shall not be enforceable if he has no means to maintain his daughter-in-Law from any coparcenary property in his possession out of which she has not obtained any share.(In Basava Raj Appa v/s Guruvasamma & others) The Supreme Court held that in case, adoption is done prior to the partition of Joint family property, then the adopted son become the coparcener and is entiltled to the same share as natural son would have got he been such a sone.(Sita Bai v/s Ramchandra) it was held that adopted seizes to have many any ties with the family of his birth as such ties are automatically replaced by the adopted family and the adoption child becomes coparcener in the joint family property.As per section 15, the valid adoption not be cancelled.Presumption as to registered documents relating to adoption is rebuttalble presumption of Law (section 16 HAMA).The existence of illegirimate child cannot be bar to the adoption of another child.The right to claim interim maintenance in a suit is a sunstantive right under section 18 of the Act.Section 17 of HAMA has been enacted by the legislature with a view to prevent trafficking of children.The first legislative provision relating to law of maintenance was made under the Native converts Marrirage Dissolution Act, 1866.Where a Hindu who has a wife living adopts a child, she shall be deemed to be the adoption mother.Where an adoption has been made with the consent of more than one wife, the senior most in marriage among them shall be deemed to be the adoptive mother and others to be step-mother.Where a widow or an unmarried woman adopts a child, any husband whom she marries subsequently shall be deemed to be the step-father of the adopted child.(HINDU MINORITY AND GUARIANSHIP ACT 1956)HMGA was enacted on 25th August,1956.HMGA is in enacted in addition to guards and wards Act,1890.The provision of section 3(i). shall not apply to the Renocants of the union territory of pondicherry.As per section 4(a),minor is a person who has not completed the age of 18 years.As per section 4(a), 'natural guardian' means any of the guardians mentioned in section b.If a person denotes property to a minor and appoints a guardian to look after the property he would not be guardian within the meaning of the Act.Hindu father can appoint testmentary guradian by will in favour of his minor legitimation children.Right of guardian ceases on marriage of minor give.Section 8 of HMGA deals with powers of naturals guardian.There are four tupes of guardians ie. testamentary, de-facto, de-Jwe and natural guardian.De facto guardian can be declared as de jwe guardian by the court.In case of boy or unmarried girl, father is the natural guardian.In case of illegitimate give, mother is the natural guardian.In case of married girl, then husband is the natural guradian.Natual guradian can do reasonable acts for the benefits of minor or for realisation or for benefits of minor;s estate but cannot bind the minor by personal covenant.If a Hindu widow remarries, she does not loses her preferential right of guardianship over her minor children by the deceased husband.The elination of the minor's property by a natural guadian without the permission of the court is voidable.Guardian by affinity is the guardian of a minor widow.A guardian ad litem implies a guardian for a suit agianst a minor.As per section 13 of HMGA, welfare of the child is the paramount consideration in the appointment of guradian by the court.THE HINDU SUCCESSION ACT, 1956The Hindu succession Act came into force on 17th June,1956.This Act is applicable to intestate succession among Hindus.Section 6 of the HSA deals with the devolution of interest in coparcenary property.The proviso to section 6 of Hindu succession Act comes inot operation respective of whether the deceased coparcener was entitled to claim partition or not.Gurupad v/s Hirabai is the the famous case decided by the supreme court in section 6 of Hindu seccession Act.The proviso to section 6 of the Hindu seccession Act, imports deemed partition for specific purpose.under the proviso to section 6 of Hindu succession Act, on the death of any co-parcener, neither the separated coparcener nor his heirs are entilled to claim a share in interest of the deceased co-parcener.The general rules of succession of Hindu male dyuing intestate are contained in section 8 of HSA.Section 8 of HSA divides the heirs of a Hindu make into four categories.Class I heirs specified in the schedule includes eight females and four males.Son and daughter in class I of the schedule inculde children of a both void ad voidable marraige.Father's widow is a class II heri.When a Hindu inherits the property from his father under section 8 of the HSA, he takes it as his separate property.'Son' in class I of the schedule to the HSA, does not include a step-son.A 'mother's is not entitled to inherit a class I heir from the step-son.Among the heirs specified in the schedule, under section 9 of HSA, the class I heirs take simultaneously and to the exclusion of all other heirs.Among the heirs of the branches of pre-deceased son or pre-deceased daughter of a Hindu each branch.Brother and sister in class II of the schedule excludes the brother and sister by uterine blood.The surviving sons, daughters and the mother of the Hindu dying intestate shall take one share each.Section 14 of the HSA, provides for property of a female Hindu to be her abolute property.Section 14 of HSA applies to both movable and immovable properties.The reversioners who can maintain a suit challenging and alienation by a widow before the Act came into force those who would be the heirs of the husband, at the time of death of the widow, accordinga to law force at such date.The possession contemplated under section 14 of HSA can be actual possession or contructive possession or symbols possession.Restriction by way of condidtion and limitations envisaged by section 14(2) of HSA may be the one recognised by Law.A definite and uniform scheme of successsion to the property of a female Hindu duying intestate after the commencement of the Act has been propunded under section 15 of HSA.The object of section 14(2) of HSA is to remove the disability on women imposed by Law.General rule of successsion to a female Hindu under section 15(1) of HSA , heirs in the ealiear entry excludes heirs in the latter untries.Husband of a female Hindu, dying intestate as hier under section 15(1) of HSA takes simulataneoushy with sons and daughter of the female.Mother and father of the female Hindu dying intestate, under section 15(1) of HSA has been placed in entry(c).Section 15(2) of HSA carves out two exceptions to section 15(1).For section 15(2) of HSA to be operative, the female Hindu dies without leaving any issue.In case of female intestate dying without issue but leaving her husband , the husband inherited from her father or mother.When the female Hindu dies intestate without leaving any issue and leaving behind property inherited from her husband or father-in-law, such property shall devolve upon, by virtue fo section 15(2) of HSA, heirs of the husband.In (Badshah v/s urmila Badshah) the SC held that woman is entitled to maintenance in bigamous marriage when she proves that she was unaware of husband's first marriage.The concept of survivorship was prevalent in 1956 with cerain restrictions but in 2005, it jas been completely abolished.In (Union of India v/s Shree Ram Bohra 1965 SC) it was held that there can be more than one manager to manage the business but karta can the only one.During the existence of seniormost male member in joint family , a younger male member cannot become karta Except in case of extreme old age or infirmity, illness, etc, karta can appoint next younger one as karta (Narain Kumar J. Modi v/s Union of India )1976 SC.The karta can always as a coparcener alienate his undivided coparcenery interest He can also even gift his interest without consent of other coparcenres in state of U.P, west Bengal, Punjab, Haryana and Bihar.(In Subodh Kumar others v/s Bhagwati Ramdeo Rao Mahatre) 2007 SC, it was held that a coparcener can't obtain an injunction to prevent karta from alienation.If the woman had inherited the property from the father, then if she dies issusess, the property will devolve upon the legal heirs of the father and since mother is also a legal heir, she will get the share.coparcenary consists of father-ancestor and his three male lineal ascendats within four degrees.All properties inherited by a Hindu male from a direct male ancestor, not exceeding three degrees higher to him is called Apratibandayer.The income of the heriditary profession, such as of priest constitures joint family property.A karta can alienate the joint family property for Apatkale, kutumbarthe, Dharamarthe.An alienation made by the karta without legal necessity but with consent of all other adult copareners is valid.In (Balmukand v/s Kmalwati),it was held that the transaction to be regarded as for the benefit of the estate need not be of defensive character.The term indispensable duties implies performance of those acts which are religious, pious or charitable.Where a manager of joint family borrow money on promissory note, the other members of the family are liable if the borrowinngs are for family business or family necersity even though they are not party to the promissory note.A sole surviving soparcener has full rights of alienation of joint family property but at the time of alienation, another coparcener is in womb, on his birth, he can challenge such alienation.A son is not liable to pay the debts of his father when the debt in Avyavahavka.The doctrine of relation back was explained in (Raghavamma v/s Chenchamme).According to the doctrine of relation although communication regarding partition might be received by coparceners on different dates, their receipt will relate back to the date of notice.A partition can be re-opened by a son begotten at the time if partition but born after partition if no share is reserved for him at the time or partition.The law of inheritance is also known as intestate succession.The Hindu Successsion Act bases its rule of successsion on the basic Mitakshara principle of preference of heirs on the basis of proximity if relationship called as Rule of propinquity.The off springs of person are known as descendants.Descendants if parallel lines from a common ancestor or ancestress are called collaterals.Whenever in the relationship of a person with another (a female / or felmales) intervenes anywhere in the line, one is cognate to anther.A deceased Hindu in the Hindu Law of succession is known as proposites.The lapsing of property to the government in default of hiers on the death of the intestate is provided for by section 29 of the Hindu seccession Act is known as Eschest.The Striduan implies absolute property of a woman.The presumption that the younger survived the elder under section 21 of HSA is a rebuttalbel presumption of law.Under section 30 of HSA , a coparcener can dispose of by will (or other testamentary distposition) any property which is capable of so being disponsed by him in accordance with the provision of the Indian succession Act or any other law applicable to Hindus.Section 14 applies where a Hindu gemale aliented properties before the Hindu seccesssion Act came into forcem but the court held alienation invalid.Section 14 of HSA has a qualified retrospective operation.A reversion can sue for a declaration that alienation by widow before the Act came into force in void and will not be binding on him after the death of widow.A disqualified person as per section 27 of HSA transmits no interest to his or her own heir.The Hindu succession Act overrides all existing laws whether in the shape of texts, enactments, custom or usage.Disqualification under section 25 is not confined to murdered alone and extend to the persons claiming through him.(In Sujata Sharma v/s Shri Manu Gupta) 2011 Del.HC. it was held that daughter can also be the karta of the family.The widow is not entitled to get share in the property of husband if on date of opening of succession if the remarries.As per section 19, the mode of succession of two or more heirs is done as per capita and as tenants-in-common.Under section 21, it is presumed that in case of simultaneous death, the younger survived the elder, untile countrary is proved.Due to presumption of section 21, the overall quatum of share of legal hiers of younger one will change.Section 11 Deals with the distribution of property among heirs in class II of the schedule.Succession never takes place in abeyance. it only takes places where there is presence of members or LRs.(In Rakesh Sharma v/s Vaneeta sharma 2020 SC) It was held that female can claim partition by birth as matter of right.Both the joint family coparcenary come into existence by operation of law and not by an agreement between the strangers.Community of possession is a matter of joint possession by all the coparcenars and the joint property will be said to be in possession of the entire coparcenary as the unit.When a minor coparcener files a suit for parition through the guardian or the next friend adn the court finds the paritition being for the welfare of the minor, the partition/serverance of status place from the date of the insititions of the suit.A son begotten as well as born after partition is entitled to have the partition re-opened where father has not reserved a share to himself.Doctrine of blending cannot be invovled in regard to property held by a Hindu female as a limited owner.By the operation of the doctrined of blending self acquired property of a coparcener voluntarily thrown by him into the common stock becomes a joint family property.Property the major to which access on the death of the last owner without leaving male issue is called obstraucted haritage.A coparcener has an interest in the joint family property that interst is inpredictable and fluctutaing.A voidable alienation can be challeged by the alience.The special provision respecting dwelling houses U/5 23 has been repealed in 2005.