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    51 views20 pages

    Osmania

    Uploaded by

    jaswanth varma

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    © All Rights Reserved
    Download as PDF or read online from Scribd
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    LLB 3 YEARS FIRST SEMISTER EXTERNAL NOTES OSMANIA UNIVERSITY HINDU FAMILY LAW Compiled by: » Sameer Hussain (172915831010) Abdul Kareem (172915831081) Sultan-ul-uloom College of Law, Hyderabad fb.com/groups/sucl.hyd Law Students Federation - Family Law (I Semester) Law Students Federation - Family Law (I Semester) a 9000 0c CcoO0 00 00OOO 00000000000 , Law Students Federation - Family Law (I Semester) FIR: INDU Q.1 Explain the terms, coparcener and coparcenary property and separate Property. What are the rights of coparcener and Karta in Hindu joint family? Ans. Coparcener means male members of Hindu joints family it includes three generation ascendants such as father, grandfather, great_grandfather and generating descendants such as son, grandson, great grandson it is stated that every coparcenary is family. member s but every family mei t coparcener. Female members in joint family are family members and not coparcener property belonging to all coparcener is called as coparcenary property. There is also separate property of family member if there is family business in which earning is done then it is family property, separate property includes following points. 1, When anybody make earning by using his skill knowledge without taken finance assistance from family such as earning of Doctor, Actor, Person doing service then it is separate property. 2. When any member received gifts before marriage or at the time of marriage or after the marriage. 3. When anybody makes earning in games and sports or race or lottery or KBC. 4. When any family members gets property from closed relatives. Therefore all other members have not rights in separate property, RIGHTS OF COPARCENOR: 1. Coparcener have rights to demand necessary expenses from head of the family. 2. Coparcener have rights to use family property such as car any other vehicles. 3. Coparcener can claim accommodation. , 4. Coparcener have right to demand accounts from head of the family if he is major person. 5. There is right of coparcener to bring restriction on illegal activities of other coparcener. . 6. There is right of copar property. activity of management of family to participat 7. There is right of coparcener to demand pastition and separate from joint family nave right to make separate earning by living in the family. ~ Law Students Federation - Family Law (I Semester) Law Students Federation - Family Law (I Semester) TA Means. KARTA means head of the family or manager of the family KARTA includes father or guardian and after death father, mother, elder brother, uncle, in joint. family can also become KARTA there are more power to KARTA than all other family members which includes following points. 1. KARTA have right to collect income of family property. 2. KARTA have right to enter into contract on behalf of family 3. KARTA have right to do necessary expenses according to requirement of family member 4. KARTA have right to sell the property for legal necessity of family member such as education, hospital expenses, marriage > 5. If any family member is.earning the KARTA here right to demand income. from earning member rt of the 6. KARTA can borrow loan for requirement of family 7. KARTA have cight to file cases on behalf of family 8. KARTA have to perform all religious ceremonies 9. KARTA have right to make compromise when there family member. any dispute between 10. KARTA have.right to control illegal act of family member. 11. KARTA has tight to separate any member from family by giving his share. ‘These details about coparcener separate property right of coparcener and KARTA in Hindu joint family. « - Q.2 Define marriage and explain various conditions and requisites of v marriage. What are effects of marriage specified in Hindu marriage act 1955? Ans: There is separate Act called as Hindu marriage act 1955 this act has regularised Hindu marriages the term marriage has been defined as Follows 1. Hindu marriage sacrament and not a contract. 2. Marriage are made in heaven and performed on the earth. 3. Marriage is called as-union.of.2.souls 4. Marriage is such tie which cannot be dissolved HINDU LAW 2 of 18 “= Law Students Federation - Family Law (I Semester) ° Qeo0c 2010 00000 0:00-0:00 0 ceo O00 GOc@0 «mee Law Students Federation - Family Law (I Semester) ° oO TIO! (1. SAME RELIGON: BOY and the GIRL should be of same religion if anybody from ‘other religion this conversion into Hindu is necessary by marriage. OZAL (2.AGE: Age of the gotten should be 18 years or above and the age of the boy should be 21 years and above if marriage is performed under this age then also it is valid marriage but spouse can divorcem this ground. 3.EREE CONCENT: There should be consent of boy and the girl at the time of marriage in order to prove consent. They exchange garlands at the time of marriage. If anybody already married then there should be divorce or death of the spouse.

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