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Moirangthem Biren   21 March 2018

Classification of Family Law.

What are types/classification of family laws applicable in different regions in India ? In West Bengal and North East which type is applicable ?


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 8 Replies


(Guest)

Dayabhag &Mitakshara are main schools of law governing all family laws in India. The former applies to West Bengal, whilst the latter applies everywhere else.

Moirangthem Biren   21 March 2018

In Dayabhag family law, can a married daughter claim parent's heir (properties) ?

R.Ramachandran (Advocate)     21 March 2018

Yes, the daughters in the family whether married or unmarried also are eligible for equal share as sons in the family.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 March 2018

Mitakshara and Dayabhaga are superceded by Hindu Succession Act, 1956 and the Hindu Marriage Act, 1955.

Moirangthem Biren   21 March 2018

Under the above act can father disinherit a married daughter during survival period of father ?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 March 2018

Sasikala says Jayalalitha suffered set backs from the shock of judgments against her. Supreme Court was kind. They disclosed the judgment only after her death. Otherwise she would have died on hearing the judgment.

Kumar Doab (FIN)     22 March 2018

Dayabhaga ;West Bengal and Assam..

Disinheriting is wishful thinking...

Right of Inheritance is as per personal law that applies....

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 March 2018

Moirangthem Biren 

"Under the above act can father disinherit a married daughter during survival period of father ?"

Experts commenting on the above are not giving a reply. So I, a non-expert venture:

According to both Mitakshara and Dayabhaga only sons and not daughters inherited ancestral property. The Hindu Succession Act, 1956 changed this position and gave both sons and daughters equal right on intestate property. A person inherits part or whole of the property of his father. He has a son and  a daughter. If he dies without writing a will his property will be shared equally by both his son and daughter. If he writes a will bequeathing his entire estate to his son only, it would amount to disinheriting his daughter.

in this Forum there are many who say that an ancestral property cannot be willed. There are others who challenge the view.

 


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