Hindu - Law Dictionary Search Results
Home Dictionary Name: hindu Page: 5Acquiesce
Acquiesce, means to accept tacitly or passively, to give implied consent to an act, Black Law Dictionary, 7th Edn., p. 23.The word 'acquired' has also to be given the widest possible meaning. This would be so because of the language of the Explanation which makes sub-s. (1) applicable to acquisition of property by inheritance or devise or at a partition or in lieu of maintenance or arrears of maintenance or by gift or by a female's own skill or exertion or by purchase or prescription or in any manner whatsoever. Where at the commencement of the Act a female Hindu has a share in joint properties which are later on partitioned by metes and bounds and she gets possession of the properties allotted to her there can be no manner of doubt that she is not only possessed of that property at the time of the coming into force of the Act but has also acquired the same before its commencement [Hindu Succession Act, 1956 s. 14(1)], Badri Pershad v. Kanso Devi, AIR 1970 SC 1963 (1966): (1970) 2 SCR ...
Acquirer
Acquirer, means a member of a Hindu undivided family, who acquires gains of learning. [Hindu Gains of Learning Act, 1930 (30 of 1930), s. 2(a)]...
Coparcenary
Coparcenary, A Hindu coparcenary is narrower body than the joint family. Only males who acquire the birth an interest in the joint or coparcenary property can be members of the coparcenary or coparceners. A male member of the joint family and his sons, grandsons and great grandsons constitute a coparcenary, State of Maharashtra v. Narayan Rao Sham Rao Deshmukh, (1985) 2 SCC 321: AIR 1985 SC 716: (1985) 3 SCR 358.'Coparcenary' is a narrower body than a joint family and consists of only those persons who have taken, by birth, an interest in the property of the holder for the time being and who can enforce a partition whenever they like. It commences with a common ancestor and includes a holder of joint property and only those males in his male line who are not removed from him by more than three degrees. Thus, while a son, a grandson or a great-grandson is a coparcener with the holder of the property, the great-great-grandson cannot be a coparcener with him, because he is removed by more...
Custom and usage
Custom and usage, signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family: Provided that the rule is certain and not unreasonable or opposed to public policy; and Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family. [Hindu Marriage Act, 1955 (25 of 1955), s. 3 (a)]The expressions 'custom' and 'usage' signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family: Provided that the rule is certain and not unreasonable or opposed to public policy; and Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family. [Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), s. 3 (a)]...
De facto guardian
De facto guardian, the authority of any person to deal with or dispose of any property of a Hindu minor on the ground of his being the de facto guardian of such minor, Madhegowda v. Ankegowda, (2002) 1 SCC 178. (Hindu Minority and Guardianship Act, 1956, s. II)...
Bigamy
Bigamy. By the Offences against the Person Act, 1861, s. 57, whomsoever, being married, shall marry any other person during the life of the former husband or wife . . . shall be guilty of a felony punishable by penal servitude for not more than seven years, or less than three, or by imprisonment for not more than two years, with or without hard labour. That section, however, does not apply to any second marriage contracted elsewhere than in England and Ireland by any other than a subject of His Majesty or to any person whose husband or wife shall have been continually absent for seven years from such person, and shall not have been known to such person to be living within that time; or even, as was held in Reg. v. Tolson, (1889) 23 QBD 168, by nine judges to five, to a person re-marrying within the seven years with a bona fide belief on reasonable grounds in the death of the first husband before the second marriage. Bigamy will have been committed though the second form of marriage was...
Dharma
Dharma, dharma embraces every type of righteous conduct covering every aspect of life essential for the sustenance and welfare of the individual and the society and includes those rules which guide and enable those who believe in God and heaven to attain moksha (eternal bliss). Rules of dharma are meant to regulate the individual conduct, in such a way as to restrict the rights, liberty, interest and desires of an, individual as regards all matters to the extent necessary in the interest of other individuals, i.e., the society and at the same time making it obligatory for the society to safeguard and protect the individual in all respects through its social and political institutions. Shortly put, dharma regulates the mutual obligations of individual and the society. Therefore, it was stressed that protection of dharma was in the interest of both the individual and the society, A 'state of dharma' was required to be always maintained for peaceful coexistence and prosperity of all.Thoug...
Karta
Karta, 'karta' as used inwills and other legal documents in Telugu always means heirs, the persons entitled, Venkata Krishnayya v. Vasireddi Madamma, AIR 1928 Mad 926.The manager of the joint Hindu family property. (Hindu Law)...
Father and mother
Father and mother, The father or mother mentioned in sub-s. (1) of s. 9 of the Hindu Adoptions and Maintenance Act, 1956 must necessarily mean the natural father and the natural mother, Dhanraj v. Suraj Bai, AIR 1975 SC 1103: (1975) Supp SCR 73: (1975) 2 SCC 251. [Hindu Adoptions and Main-tence Act, 1956, s. 9(1)]...
Full blood and half blood
Full blood and half blood, two persons are said to be related to each of the by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor or but by different wives. [Hindu Marriage Act, 1955 (25 of 1955), s. 3 (c)](i) two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife, and by half blood when they are descended from a common ancestor but by different wives;(ii) two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands;Explanation.--In this clause 'ancestor' includes the father and 'ancestress' the mother. [Hindu Succession Act, 1956 (30 of 1956), s. 3(e)]...
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