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Indian Christian succession

 The Indian succession act covers the intestate  of Indians and non Indian Christians Male intestate  1. If there are lineal descendants the widow takes 1/3  2. If there are ascendants the widows takes 1/2 3 lineal descendants- takes 2/3 if there s widow  4 mother - 1/2 if there is widow  5father - 1/2 if ther is a widow  6 brother sister and their children   7. Distant kindred  Female intestate the same as male If she s a non Indian Christian then  5000+ usual calculations 

Hindu Intestate succession

 If a male dies intestate without a testamentary disposal  The division of his estate follow the rules Class 1 heirs There are 12 class 1 legal heirs which eliminates class 2 when present  1.daughter 2.son 3.mother 4.widow 5.son of predeceased son 6.widow of predeceased son 7.daughter of predeceased son 8.daughter of predeceased daughter  9.son of predeceased son’s predeceased son 10. Daughter of predeceased son’s predeceased son 11.widow of predeceased son’s predeceased son 12. Daughter of predeceased daughter  Class 2 heirs 1.father 2.brother 3.sister 4.a) son’s daughter son b) son’s daughter daughter 5.daughters daughter daughter  Daughter daughter son Daughter son’s daughter  Daughter sons son  6.brother’s son sisters son 7 father’s brother father mother 8 fathers widow brothers widow 9 mother’s mother mother father If a female dies intestate   1 son Daughter Husband  Heirs of the husband Father and mother  Heirs of the father H...

Law of wills

Interpretation and execution of will Dependant relative revocation   If a subsequent will is not clear or the intention is not clear the latest will if gets destroyed the previous will take effect  Privileged and unprivileged will The wills executed by soldier airman sea man are privileged wills the rest unprivileged ones Codicil   The additional changes to the will are done using codicil  Execution of will The will is to be signed by the testator and two attesting witness  Revocation of will By a subsequent will By destruction of will  By a instrument  Cheese v lovejoy  Conditional and contingent bequest  Rule of cypress (see pray) Onerous bequest  Void bequest  If the legate predeceases testator the bequest is void Probate The probate may be obtained from courts when there is no executor or administrator of will by applying to the district courts and the persons interested may file their caveats  Executor and administrators ...

Gifts

  Definition   The transfer of movable and immovable property without consideration  The gift should inter vivos Gift to idol in not valid Gift to unborn The gift needs acceptance otherwise it is void The gift may be made to another living person till the child id born may not be delayed after attaining majority  The rights vested in the person living should be transferred absolutely to the born child Revocation of gift Gift once accepted cannot be revoked otherwise If agreed by the evening agreed by donor and Donne  Illustration  A gifts his land to b with condition that if b has no heirs in life of A reverts to A Case law  Al card v skinner The plaintiff gifted to the defendant his property under the influence of mother superior later she sued for setting aside the gift the decision came in favour to the defendant that years have passed since the gift was made and no evidence of undue influence. S.123 -Transfer effected by registration by two witness...

Christian marriage act 1872

 Christian marriage act 1872 Christian   WHO’s follows Jesus Christ  Ministers of religion   Clergyman of Church of England  Clergyman of Church of Scotland  Priest of Roman Catholic Church  Pastor of non Roman Catholic Church  Solemnisation of marriage  1.Priests of Catholic Church 2.Section 6 Pastors of non Catholic Church  3. Section 9 Licensed person  4. Section 7 Marriage registrars 

Hindu marriage act 1955

 Hindu marriage act 1955 Section 5. valid Hindu marriage 1. Neither parties have a spouse living at the time of marriage  2. Competent to give concern 3. Bride should be 21 and bridegroom 18 years of age 4. They should not be in prohibited relationships  5. Not in sapinda relationship  Section 7 Deals with solemnisation of marriage by bride and groom taking seven steps around the fire 7-A Tamil amendment   Sirthiruttha marriage  The anti Purohit marriage where The  parties exchange garland , or tie and thali or put a ring Witnessing friends and family  Section 9 Restitution of conjugal rights Section 10 Judicial separation  Section 11 void marriage  Section 12 voidable marriages  1 . Marriage consent is obtained by fraud 2. Bridegroom got pregnant before marriage   3 . Impotency  Section 13 divorce  Section 13-b mutual divorce 

Administration of justice

Administration of justice Types of punishment  Deterrent   This is more of a punishment to create fear among the wrong doers. Preventive Death sentence may put the criminals see that hanging is cruel so that the same offence is not committed  Reformative The prison is more of a reformative one includes  Capital punishment  Solitary confinement  Imprisonment  Fine  Retributive   This is more of a revenge eye for and eye , tooth for a tooth, Or a limb for the person who suffered