Lawyer

 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 

 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...

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 ...

  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   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 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 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 

 Possession  It is the evidence of ownership Relationship pf the person and thing possessed  Caw law Bridges v hawksworth R. Moore Merry v green Cartwright v green R v mucklow Elwes v Briggs gas co South staffordshire water co v sharman  Corporeal and incorporeal possession  Mediate and immediate possession  Possessory remedies Relationship of possession and title   

  Legislation   The law are enacted by act of parliament Enacted and unenacted laws Supreme legislation The law are Created by the imperial parliament . Subordinate legislation  Law are enacted by the subordinate entities under the directions of supreme power 1. Colonial - The colonies may enact laws for the effective administration of the colonies. 2. Municipal  These are the bye laws created by the municipality  3.judicial The enacted laws are encored by the act of courts  4. Autonomous  The laws constituted for the corporation are conventional laws when the shareholders make decision to change the rules needed for the growth of the coporation which are autonomous in nature. Interpretation of legislation  The courts may make Use of the statutory laws interpret and find either grammatical or logical msitakes  If there are mistakes in the section or text would not be a big mistake which can be corrcted  If there Is ambiguity in the meani...

  Ownership It Is the relation of person and thing Corporeal Jus in rem , jus in re propria  I have a coin in my pocket which is the corporeal thing  Owing  a land , chattel is  a corporeal thing  Incorporeal  Jus in re aliena  The way of right which I own on my neighbourhood land is mere incoporeal thing  The right of recover debt vested in the creditor is a incoporeal  Sole and co ownership  When there are two or more owners it is a co ownership  Both the owner are equally liable for a debt rather than divided  If a debt of 1000 is pending each owner has  a debt of payment 1000 each rather 500 individually  When the two owner ship merges in one the sole ownership  When there is a partition ownership the debt payment of libel only individually  Common and joint  When the one of partner dies the heirs of the deceased partner  may take the place of the deceased it is called common partnership W...

  Precedent   Precedent are cases decision that are either declarative or original  Declarative   Authoritative  - decision of the superior courts    Absolute      House of Lords decision is final      The courts of appeal has no authority to question House of            Lords     The court of first instance is bound to the court of appeals.    Conditional       The decision of the court of appeal is binding on the court of first instance but conditional to the court of lords   Persuasive      These are decisions taken using historical facts    The decisions of the foreign courts , the judgment of Irish      courts and international courts  Original   When there is no other precedent the judges may create a new one to fill the void. Stare decisis  Orbiter dictum  Judges may s...

 Custom - It is one of the source of law but it is rejected by the English jurists  Savigny - approved custom but not Austin. Reasonable  the usage of custom law must be reasonable  Not because it has prevailed for so long if unreasonable will be replaced by statutory law. Immemorial time  How for man remembers the origin of custom is the question  If the custom has been in practise for more than centuries it is unquestionably law anywhere between 12 and 19 century  If it traced its origin before 20 years then  it is a question of dispute. In line with statutory law The recent customs should be Adjusted to Current statutory laws otherwise it will be replaced that is why a lot of custom As been abondoned because the people who practise left it alone. Necessity  Custom why popular Since it is the law that existed before statutory  It is the law of the society rather than the state.  Custom and prescription  The inheritance of lan...

 Philosophical school Socrates, plato, aristotle Historical school  Savigny  Custom - it is the law by itself it does not get recognition from the state . It is independent source . Realistic school Analytical school They opposed the historical sources of law and established the legislation , percedent and statues would be the source of law. English jurists rejected customs.  Jeremy bentham Precedent - precedent are dogs law it does not exist until the dog disobeys.  John Austin  Custom - the custom is not source of law he rejects the historical use of law . The custom receives its recognition from the courts which are precedent.  salmond Sociological school