Muslim law of succession in india. Hindu and Muslims Laws of Succession 2022-12-29
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The Lottery, a short story written by Shirley Jackson, has been the subject of much criticism since its publication in 1948. One of the most common criticisms of the story is that it is overly violent and disturbing. The plot of the story revolves around an annual tradition in a small town, in which a member of the community is chosen by lottery and stoned to death by their neighbors. This barbaric act is described in graphic detail, and many readers have found the violence and brutality depicted in the story to be disturbing and disturbing.
Another criticism of The Lottery is that it is too vague and ambiguous. The story provides very little context or explanation for the annual tradition of the lottery, leaving readers to fill in the gaps and interpret the story for themselves. This lack of context has led to a variety of interpretations of the story, with some readers seeing it as a commentary on the dangers of blindly following tradition, while others see it as a critique of mob mentality and the dangers of groupthink.
A third criticism of The Lottery is that it is overly simplistic and lacks depth. Many readers have argued that the story is too straightforward and lacks the complexity and nuance of other works of literature. The characters in the story are one-dimensional and flat, and the plot is predictable and lacks surprise or twist.
Despite these criticisms, however, The Lottery has remained a popular and widely-read short story. Its enduring popularity may be due to its ability to generate discussion and debate, as well as its powerful and thought-provoking themes. Ultimately, the criticism of The Lottery serves to highlight the diversity of opinions and interpretations that can arise from a single work of literature, and serves as a testament to the enduring power of literature to provoke and challenge our beliefs and assumptions.
Succession Under Muslim Law
Muslim law follows the principle of nemoesthaeresviventis i. CLASS III HEIR- AGNATES Agnates form the class III heir of the deceased and they inherit the property only when the class I and class II heirs are not present anymore. In the broadest possible sense, the law of inheritance was based on the principles of agnatic preference and exclusion of females. Principle limitations on testamentary powers Contrary to the general rule, there are certain restrictions on the testamentary powers of a Muslim. He is, therefore, appointed by the probate division of the High Court. The Special Marriage Act, 1954 is a secular law meant to enable inter-religious marriages. The matters related to inheritance and succession are the key aspects of transferring property and wealth from one generation to the other.
Reproduction of the same, without permission will amount to Copyright Infringement. Lack of knowledge about inheritance and succession rights in India is the primary cause of family feuds and it becomes important to understand what the right of inheritance of legal heirs in India is. Under the Indian Majority Act, the age of majority is specified as 18 years in ordinary case and 21 years if the person is under the supervision of Courts of Wards. When the total shares exceed unity, then the shares of each sharer is reduced by making a common denominator and increasing the denominator in order to equate it to the sum of numerators. Now when B and C die, their property of Rs.
This extent of one-third is calculated after the expenses of his debts and funeral etc. Aishwarya Says: I have always been against If you are interested in participating in the same, do let me know. Distribution of the Property: Under Muslim law, the distribution of property can be made in two ways — per capita or per strip distribution. Consult: Rights of females: Muslim law does not create any distinction between the rights of men and women. B has two children, D and E and C has two children F and G. In cases where the subject matter of property is an immovable property, situated in the state of West Bengal, Chennai and Bombay, the Muslims shall be bound by the Indian Succession Act, 1925. They become owner of property after transferred to them.
Doctrine of Representation In Muslim Inheritance Law
Moreover, it is significant that the general principles of Muslim law apply evenly to the whole community. But under Shia law doctrine of representation is already present, but in another shape, because in Shia law the property is distributed as per the Per-Strip distribution rule. In case there are no lineal descendants, then one-half goes to the widow and balance to the other relatives, i. The only exception to this rule is that the wife or husband is not entitled to receive the return in the presence of an heir. The right of an heir, for the first time, comes into existence on the death of the ancestor.
Under Muslim law, the nearest heir to the ancestor excludes the remote heirs in case of inheritance. A Child in the Womb: A child in the womb of its mother is competent to inherit provided it is born alive. In case he has a child or child of a son how low soever, his share is ¼ of the heritable estate. They may also be told by the court to pay the amount to protect the rights of the Creditor. The laws of succession can broadly be divided in two parts, firstly, where deceased has left behind a valid and enforceable 'Will'; and secondly, where a person died without leaving behind such 'Will' Wills and essential requirements of Valid Will Will is a written document showing the desire of a deceased person regarding distribution of his estate. The following are the characteristics of a legatee who is capable of taking a Will executed by a legator. The Muslim law of inheritance is a unique aspect of Muslim law.
Where the inheritance of property is carried out according to the Will of the deceased, it is called testamentary succession. A childless Muslim widow is entitled to one-fourth of the property of the deceased husband, after meeting his funeral and legal expenses and debts. However, under Sunni law, a Will executed in such circumstances is completely valid. Furthermore, Chapter VII , of the Act states the duties of an Executor or Administrator, from Section 316 to 331. This means that the females become residuaries when there exist males on the same degree, or of a lower degree who would receive such share.
Distribution of the Property:Under the Muslim law, distribution of property can be made in two ways per capita or per strip distribution. In the case of Ramkali v. Marriage under the Special Marriage Act, 1954: Where a Muslim contracts his marriage under the Special Marriage Act, 1954, he ceases to be a Muslim for purposes of inheritance. Under Muslim law, the property is not jointly held by heirs. Here, the property shall be distributed amongst the heirs according to the strip or the class that they belong to. The general law is every Indian is entitled to equal shares on inheriting the property on the death of a person. Besides competency of legator, there is one more essential requirement of a valid Will and that is the competency of the legatee.
Mohammedan Law: Sources of Muslim Personal Law In India
But if the widow remarries she will have no rights in inheritance. Hence the quantum of their inheritance also depends upon the branch and the number of persons that belong to the branch. The law relating to the degree estimation and the evaluation of preferences is the same as in the case of agnates. A wife, on the other hand, is entitled to one-eighth of the property in presence of a descendant and one-fourth in absence. This widow was meant to be from a legitimate marriage. B, in turn, have two children: D and E. Grandmother on the side of the males 9.
A sole daughter takes a half share. A sole daughter takes a half share. The share taken by each sharer will vary in certain conditions. The per capita distribution method is majorly used in Sunni law. Escheat: Where a deceased Muslim has no legal heir under Muslim law, his properties are inherited by Government through the process of escheat. Sometimes my focus bend towards the Indian Politics too.
