SOURCES AND SCHOOLS

OF PERSONAL LAWS
Unit 1-2
29-09-2021
 Persons Governed by Hindu Law
• HINDUS
• Historically – the word Hindu was used to designate people who were
living east of the Hindu river;
• Etymologically – the word Hindu was applicable to all the inhabitants
of India
• Theologically – the word Hindu represents persons who are “ Hindus
by birth and by faith”
Kamavathi Vs. Digbvijai
• Membership of a particular caste is not a pre-requisite of being a
Hindu
Rateausi Vs. Administrative General of Madras
 Persons Governed by Hindu Law

• Hindu by Birth
• Hindu by faith or conversion to Hinduism
• Illegitimate children born to Hindu parents
• Illegitimate children born to Christian Father and
Hindu Mother, and bought up as Hindu
• Jain, Sikh, Budhist, Lingayat, Brahma samajist and Arya
Samajist
Persons not Governed by Hindu Law
• Illegitimate children born to Hindu Father and Christian mother
and brought up as Christian;
• Illegitimate Children born to Hindu Father and a Muslim Mother;
• Hindu Converted to Islam Religion;
• Hindu converted to Christianity;
• Hindu Marrying under Special Marriage Act, for the purpose of
inheritance Governed by Indian Succession Act