Lawyer

 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 

  Methods of revocation Subsequent  will or codicil  If a subsequent will or codicil is made the older one is void  Instrument of revocation By writing saying that the will would be revoked Destruction of the will   As James said  Therre must be intention and destruction both should be there Case law Cheese v lovejoy  The person deleted various parts of the will and back of the will he wrote as revoked and it was later found in heap of waste preserved it was not destroyed though there might be an intention, the will was not effective revoked  Illustration  A person asked his manager to destroy the will, Will should be destroyed either by himself or in his presence. Void wills If there is no express intention  No testamentary capacity Revocation of will Dependant relative revocation   If a subsequent will is made the earlier stands void and revoked is said to be dependent relative revocation  In case the later will fails the ear...

Definition and execution  The law of wills applies to Christian and Hindus  Will and deed A deed is a transfer intervivos (between living persons) operates in praesenti . Will takes effect after the death of the testator  Will is revokable Gift Mortis causa and inter vivos  Donatio mortis causa is the gift made by a person at death bed When the owner recovers the gift wil not be valid Can be only movable property Effected only by delivery of possession  Ordinary gift can be both movable and im and effected by registered instrument Codicil Made in relation to wil any alterations Maye be done it is part of the will. Privileged and unprivileged will Privileged will Executed  by soldier , airman, mariner . The rest is unprivileged will 1. It can be made orally with two attesting witnesses  2. May be signed or attested 3. Even when not signed or attested will be valid and executing according to his directions  4. If he a alive privileged will ceases. U...

The act deals with the guardian of the minor Guardian- The person who takes care of the minor  1. Natural guardian 2. Guardian appointed by the will of father or mother 3. Appointed by court Natural guardian Natural guardian of the minor boy or unmarried girl would be father then mother In case of child under 5 years mother would be natural guardian Testamentary guardian The father by will may appoint a guardian when mother is alive But the mother would be the guardian she can appoint a guardian when she dies the fathers appointed guardian would revive. De facto guardian  When there is no one to take care relations may take care of the minor but it is abolished under the act. Powers of the guardian The guardian can alienate the property any sale, transfer , mortgage with the approval of courts Lease can be made for 5 years and 1 year after the minor attaining majority  The agreement made in case of minor is void able and specific enforcement can’t be made unless it is pro...

Hiba - gift Mushaa   it’s means confusion if there is partition in the property that can be gifted or separated after gift like a staircase it would be in common  Equity of redemption  The right of redemption of the mortgagor can be gifted  Reversion The reversion rights of the lessor can be gifted to lesse  Incorporeal property  Since the incorporeal property does not have  a corpus have can the delivery van happen but debts can be gifted  Property in possession of trespasser If the owner is not in possession he can make a gift to take possession  from the trespasser  Actionable claim The actionable claims like insurance and fixed deposits can be gifted like the insurance of husband to wife if she predeceased to him is valid Lost property assests of business Lost ring can not be gifted  Effects of gift Donor in posssesion Donne and donor in possession Husband and wife Conditional gift  The condition could be avoid to make the ...

Law of wakfs Nature of wakf Requirements of valid wakf Wakf-alal-aulad(family settlement) Mussalman wakf validating act 1913 Mutawalli Succession of mutawalli  Powers of mutawalli  Public and private wakf  Takia , khankah, Dargah Majawar, sajjadanashin, mutawalli Imambara Kazi