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Books > History > Principles of Hindu Law (Personal Law of Hindus, Buddhists, Jains and Sikhs)
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Principles of Hindu Law (Personal Law of Hindus, Buddhists, Jains and Sikhs)
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Principles of Hindu Law (Personal Law of Hindus, Buddhists, Jains and Sikhs)
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About the Book

Despite the Constitution's call for a uniform civil code the system of community-specific personal laws remains the order of the day in India. The codified personal law applicable under this conventional regime to four different religious communities, together having over 80% share in the country's population, IS inaccurately called 'Hindu law.'

The book offers a critical study of this major component of India's family law from certain new angles. Statutory provisions and their judicial interpretations have been viewed and presented in it in a historical, constitutional and human rights perspective. Since this law, like all other personal laws, has to be applied along with and subject to a number of general statutes. Their provisions have also been brought into discussion in all chapters.

The book is advancement over the author's earlier work Studies in Hindu Low last published in 1998 and registers all legislative developments and judicial verdicts of the new millennium.

About the Author

A veteran scholar and a distinguished Professor of Law, the author has been Chair of the National Minorities Commission and a Proactive Member of the Law Commission of India. He also authored recommendations of Ranganath Misra Commission for Minorities.

A former Dean of the Delhi University Faculty of Law, he is currently Chair of the prestigious Amity University's Institute of Advanced Legal Studies which he had founded in 2003.

Having a special research interest in religio-Iegal studies and family jurisprudence, Professor Mahmood has penned a large number of books in these areas. His opinions have been cited in numerous judgments of the higher courts of India and other countries.

Preface

The personal law system has for centuries been, and remains, a distinctive feature of pluralist India's legal culture. The so-called 'Hindu law' is actually the personal law, largely reformed and codified, of four Indian communities - Hindus, Buddhists, Jains and Sikhs. As they have together over 80% share in India's population, their personal law constitutes the principal chapter of modem India's family and succession laws. This book offers a critical study of its provisions in a historical, constitutional and human rights perspective.

Hindu law has been one of my major interest areas since the beginning of my academic career. My first elementary book on the subject Changing Law of the Hindu Society, a monograph based on the lectures I had delivered as a greenhorn at the Aligarh Muslim University, was published in Delhi in 1968. Thirteen years later came out from Allahabad my 750-page critical work Studies in Hindu Law. Brought out in a second edition in 1986 and in several reprints until 1998, it was cited in a number of judicial decisions. This year I was approached by the publishers for its revision, but instead of updating that outdated book I decided to venture a fresh work on the subject.

Besides an elaborate Prologue introducing the subject, this book is arranged into three Parts - Matrimonial Law, Family Rights and Relations, and Property and Succession Laws - each beginning with the texts of the governing statutes and offering in the succeeding Chapters my understanding and evaluation of their provisions. Texts of other laws relevant to the subject have been provided in three Appendices to the book. A large number of cases have been decided in the last two decades by the Supreme Court of India and various High Courts covering almost all provisions of the four Hindu-law Acts of 1955-56. In dealing with case law the focus of the book is on the recent cases reported till January 2014; old cases have been referred to only where considered necessary.

I hope the book will be found of some use by the Bench and the Bar and in the fraternity of law teachers, researchers and students.

Contents

  Preface V
  Table of Statutes XVII
  Table of Cases XXVII
 
Prologue: History, Nature and Scope of Hindu Law
 
I Historical Perspective 2-10
II Legislative Reform till Date 12-19
III Law of Four Communities 22-29
IV Analysis & Appraisal of Acts 22-30
V Human Right Perspective 22-31
VI Supplemental Laws 22-32
VII Local & Foreign Laws 22-33
 
Part-I: Matrimonial Law
 
Chapter 1 Governing Statutes-I 57-89
Chapter 2 Marriage and Cohabitation  
I Legal Requirements 90-99
II Solemnization & Completion 102-109
III Remedies for Unlawful Marriage 111-121
IV Marital Right in Lawful Marriages 123-134
Chapter 3 Divorce and Post- Divorce Subsistence  
I Nature & Scope of Divorce Low 135-138
II Fault & Disability Theories 140-154
III Breakdown & Consent Theories 155-159
IV Life after Divorce 162-167
Chapter 4 Settlement of Matrimonial Disputes  
I Bars to Granting Relief 169-172
II Pre- Decision Reliefs 172-174
III Litigation & Conciliation 175-178
IV Processes & Pleadings 179-183
 
Part-II: Family Rights & Relations
 
Chapter 5 Governing Statutes-II 189-218
Chapter 6 Natural Family Relations  
I Child & Law 221-228
II Guardiaship & Custody 230-241
III Maintenance Rights & Liabilities 249-256
Chapter 7 Family Relations By Adoption  
I Concept & General Principles 249-256
II Taking & Giving Children in Adoption 257-262
III Adoption Process & Procedure 264-267
 
Part- III: Property & Succession
 
Chapter 8 Governing Statutes- III 271-300
Chapter 9 Succession Right & Liabilities  
I Concept & Kinds of Property 302-307
II Properties Governed by 1956 Act 308-311
III Law of Inheritance 312-325
IV Law of Gifts and Wills 326-329
Chapter 10 joint Families & Impartible Estates  
I Traditional Law 331-339
II Mordern Law 341-344
III South India's Traditional Institutions 345-348
IV Revolutionary Changes 349-355
Appendix I Texts of Jammu- Kashmir hindu Law Acts 358-372
Appendix II Texts of Miscellaneous Laws 376-395
Appendix III Texts of Repealed Hindu Law Acts 402-414
Sample Pages
















Principles of Hindu Law (Personal Law of Hindus, Buddhists, Jains and Sikhs)

Item Code:
NAN603
Cover:
Hardcover
Edition:
2014
ISBN:
9789350354377
Language:
English
Size:
10.0 inch X 6.0 inch
Pages:
472
Other Details:
Weight of the Book: 840 gms
Price:
$45.00   Shipping Free
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About the Book

Despite the Constitution's call for a uniform civil code the system of community-specific personal laws remains the order of the day in India. The codified personal law applicable under this conventional regime to four different religious communities, together having over 80% share in the country's population, IS inaccurately called 'Hindu law.'

The book offers a critical study of this major component of India's family law from certain new angles. Statutory provisions and their judicial interpretations have been viewed and presented in it in a historical, constitutional and human rights perspective. Since this law, like all other personal laws, has to be applied along with and subject to a number of general statutes. Their provisions have also been brought into discussion in all chapters.

The book is advancement over the author's earlier work Studies in Hindu Low last published in 1998 and registers all legislative developments and judicial verdicts of the new millennium.

About the Author

A veteran scholar and a distinguished Professor of Law, the author has been Chair of the National Minorities Commission and a Proactive Member of the Law Commission of India. He also authored recommendations of Ranganath Misra Commission for Minorities.

A former Dean of the Delhi University Faculty of Law, he is currently Chair of the prestigious Amity University's Institute of Advanced Legal Studies which he had founded in 2003.

Having a special research interest in religio-Iegal studies and family jurisprudence, Professor Mahmood has penned a large number of books in these areas. His opinions have been cited in numerous judgments of the higher courts of India and other countries.

Preface

The personal law system has for centuries been, and remains, a distinctive feature of pluralist India's legal culture. The so-called 'Hindu law' is actually the personal law, largely reformed and codified, of four Indian communities - Hindus, Buddhists, Jains and Sikhs. As they have together over 80% share in India's population, their personal law constitutes the principal chapter of modem India's family and succession laws. This book offers a critical study of its provisions in a historical, constitutional and human rights perspective.

Hindu law has been one of my major interest areas since the beginning of my academic career. My first elementary book on the subject Changing Law of the Hindu Society, a monograph based on the lectures I had delivered as a greenhorn at the Aligarh Muslim University, was published in Delhi in 1968. Thirteen years later came out from Allahabad my 750-page critical work Studies in Hindu Law. Brought out in a second edition in 1986 and in several reprints until 1998, it was cited in a number of judicial decisions. This year I was approached by the publishers for its revision, but instead of updating that outdated book I decided to venture a fresh work on the subject.

Besides an elaborate Prologue introducing the subject, this book is arranged into three Parts - Matrimonial Law, Family Rights and Relations, and Property and Succession Laws - each beginning with the texts of the governing statutes and offering in the succeeding Chapters my understanding and evaluation of their provisions. Texts of other laws relevant to the subject have been provided in three Appendices to the book. A large number of cases have been decided in the last two decades by the Supreme Court of India and various High Courts covering almost all provisions of the four Hindu-law Acts of 1955-56. In dealing with case law the focus of the book is on the recent cases reported till January 2014; old cases have been referred to only where considered necessary.

I hope the book will be found of some use by the Bench and the Bar and in the fraternity of law teachers, researchers and students.

Contents

  Preface V
  Table of Statutes XVII
  Table of Cases XXVII
 
Prologue: History, Nature and Scope of Hindu Law
 
I Historical Perspective 2-10
II Legislative Reform till Date 12-19
III Law of Four Communities 22-29
IV Analysis & Appraisal of Acts 22-30
V Human Right Perspective 22-31
VI Supplemental Laws 22-32
VII Local & Foreign Laws 22-33
 
Part-I: Matrimonial Law
 
Chapter 1 Governing Statutes-I 57-89
Chapter 2 Marriage and Cohabitation  
I Legal Requirements 90-99
II Solemnization & Completion 102-109
III Remedies for Unlawful Marriage 111-121
IV Marital Right in Lawful Marriages 123-134
Chapter 3 Divorce and Post- Divorce Subsistence  
I Nature & Scope of Divorce Low 135-138
II Fault & Disability Theories 140-154
III Breakdown & Consent Theories 155-159
IV Life after Divorce 162-167
Chapter 4 Settlement of Matrimonial Disputes  
I Bars to Granting Relief 169-172
II Pre- Decision Reliefs 172-174
III Litigation & Conciliation 175-178
IV Processes & Pleadings 179-183
 
Part-II: Family Rights & Relations
 
Chapter 5 Governing Statutes-II 189-218
Chapter 6 Natural Family Relations  
I Child & Law 221-228
II Guardiaship & Custody 230-241
III Maintenance Rights & Liabilities 249-256
Chapter 7 Family Relations By Adoption  
I Concept & General Principles 249-256
II Taking & Giving Children in Adoption 257-262
III Adoption Process & Procedure 264-267
 
Part- III: Property & Succession
 
Chapter 8 Governing Statutes- III 271-300
Chapter 9 Succession Right & Liabilities  
I Concept & Kinds of Property 302-307
II Properties Governed by 1956 Act 308-311
III Law of Inheritance 312-325
IV Law of Gifts and Wills 326-329
Chapter 10 joint Families & Impartible Estates  
I Traditional Law 331-339
II Mordern Law 341-344
III South India's Traditional Institutions 345-348
IV Revolutionary Changes 349-355
Appendix I Texts of Jammu- Kashmir hindu Law Acts 358-372
Appendix II Texts of Miscellaneous Laws 376-395
Appendix III Texts of Repealed Hindu Law Acts 402-414
Sample Pages
















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