Family law 2

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1. “Antecedent” literally means prior or preceding in point of time, but the words “antecedent debt” as used in Hindu Law implies two things, (a) antecedent in time, and (b) antecedent in fact in nature, i.e, the debt must be truly independent of and not part of the transaction impeached. Thus, two conditions are necessary— (a) The debt must be prior in time, and (b) The debt must be prior in fact. 2. Page 8 book 3. Pious obligation’ means the moral liability of sons to pay off or discharge their father’s non-avyavaharik debts. The debts borrowed may not be of legal necessity or for benefit of estate. Thus, if the father is the Karta of a Hindu joint family, he may alienate the coparcenary property for discharging the antecedent debts. The sons are under the obligation to recover such alienated property by repaying the debts. 4. Page 344 book 5. A partition is an act effected inter vivos between the parties agreeing to the partition. A death of partner cannot bring about an automatic partition and on such a death, the other surviving members continue to remain joint. However under the provisions of 56 of Hindu Succession Act, there is a deemed partition for a limited purpose of determining the share of the deceased coparcener for the purpose of succession under the Act.

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Transcript of Family law 2

1. Antecedent literally means prior or preceding in point of time, but the words antecedent debt as used in Hindu Law implies two things, (a) antecedent in time, and (b) antecedent in fact in nature, i.e, the debt must be truly independent of and not part of the transaction impeached. Thus, two conditions are necessary(a) The debt must be prior in time, and(b) The debt must be prior in fact.2. Page 8 book3. Pious obligation means the moral liability of sons to pay off or discharge their fathers non-avyavaharik debts. The debts borrowed may not be of legal necessity or for benefit of estate. Thus, if the father is the Karta of a Hindu joint family, he may alienate the coparcenary property for discharging the antecedent debts. The sons are under the obligation to recover such alienated property by repaying the debts. 4. Page 344 book5. A partition is an act effected inter vivos between the parties agreeing to the partition. A death of partner cannot bring about an automatic partition and on such a death, the other surviving members continue to remain joint. However under the provisions of 56 of Hindu Succession Act, there is a deemed partition for a limited purpose of determining the share of the deceased coparcener for the purpose of succession under the Act. 6. There are four essential requirements for creating a valid religious or charitable trust under Hindu Law: Valid religious as charitable purpose of the trust as per the norms of Hindu Law. Capability of the author of the trust to create such a trust. The purpose and property of the trust must be indicated with sufficient precision. The trust must not violate any law of the country.7. Hiba means gift and Iwaz means consideration or return. Hiba-bil-iwaz, is, therefore, a gift with an exchange or a gift for consideration. Muslim law recognises a gift with an exchange as a kind of Hiba. If a gift has duly been made and completed, but subsequently the donee also gives something to the donor in lieu of this gift, then the gift is called Hiba-bil-iwaz. Essentials: A valid and complete gift by the donor. Actual payment of consideration (iwaz) by the done.8. The right of pre-emption also known as Shufaa is a right which the owner of an immovable property possesses to acquire by purchase another immovable property which has been sold to another person. This right is available to one so that a stranger is not introduced in the family which may cause a hindrance to ones privacy.9. An Unprivileged Will (Section 66 of the Indian Succession Act) is one which is created by any testator who is not employed as a soldier, airman or mariner. The testator of an Unprivileged Will is bound by the general requirements of a valid Will. 10. The person, who supervises or takes over the management of a waqf, is called the mutawalli. He is superintendent of the property. He also distributes the benefits of the property according to the directions laid down in the waqf. A mutawalli has no beneficial interest in the property. He is merely a servant of God, managing the property for the good of His creatures. Section B1. Mitakshara and Dayabhaga Page 129 book. Right of minor coparcener Page 152 book2. Page 88 book3. Wakf Act 1954 defines Wakf as, "Wakf means the permanent dedication by a person professing the Islam, of any movable or immovable property for any purpose recognized by Muslim Law as religious, pious, or charitable." . PDF on wakf4. Page 316 bookSection C1. Pg 136, 178 book2. Pg. 349 book