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Women's Property Right's In India With Latest Amendments And Cases: Book by Urusa Mohsin

Women's Property Right's In India With Latest Amendments And Cases

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ISBN: 9788178357904    Publisher: Kalpaz Publications Year of publishing: 2010     Format:  Hardback No of Pages: 330        Language: English
Description Contents:- Contents, Preface 13, Abbreviation 17, Table of Cases 23, 1. Introduction 39-55, • An Overview 39, • Indian Scenario 45, • Practical Significance of Different Acts 50, • Another...Read more
Description Contents:- Contents, Preface 13, Abbreviation 17, Table of Cases 23, 1. Introduction 39-55, • An Overview 39, • Indian Scenario 45, • Practical Significance of Different Acts 50, • Another Legislative Step (The Amendment, Act of 2005) 51, • Hypothesis 53, • Scheme of Work 53, • Research Methodology 54, 2. Concept of Women's Property under 57-78, Different Legal System, • An Overview 57, • Concept of Property 57, • Under Different Legal System 61, A. Islamic Law 61, • Hanafi School • Maliki School, • Shafii School • Hanalii School, • Shia School, B. Hindu Law 64, • Classification of Property, • Stridhana • Women's Estate, C. Christian Law 72, • Concept of Matrimonial Property 48, D. Parsi Law 75, • Recapitulation 50, 3. Shares of Females under different, Legal System 79-191, • An Overview • Development of Family, System • Law of Inheritance in Different, Religo Legal System, A. Islamic Law 86, • Salient features • Nemo Est Heirs, Vevents • Dual Basis of Islamic Law of, Inheritance • Near in Degree Exclude, the Remorter • Rule of Representation, • Rule of Spes-Successionis • No, Concept of Joint Family • No Rule of, Primogeniture • No Birth Right • No, Concept of Survivorship • Rules, Relating to Illegitimate Child • Insanity, and Unchastity • Non-Muslim not be an, Heir • Homicide • Missing Person, • Unborn Person as being Heir, • Several death at a time, • Kinds of Heirs 89, • Sharer • Residuaries • Distant, Kindred, • Fluctuation of Shares among the, Sharers and Residuaries 98, • Apportionment of Heritage 100, • Doctrine of Awl • Doctrine of Radd, • Shia Law of Inheritance 101, • Comparison of Sunni and Shia, Law of Inheritance 104, B. Hindu Law 118, • Definition of Hindu • Position of, Women's Property Right in Old Hindu, Law • Fundamental Changes Brought, by the Act of 1956 • Coparcenary • Joint, Family • Undivided Hindu Family, • Position of Women's Property Right, after, 1956 • Critical analysis of Certain, Provisions of Hindu Succession Act of, 1956 • Section 6 before 2005 • Section, 6 after 2005 • Uniform Succession, whether really exist after 1956 ?, • Section 8, 8 Women's Property Rights in India, • Kinds of Heirs 122, • Heirs specified Class I • Heirs, specified Class II • Heirs specified Class, III • Heirs specified Class IV., • Some Controversial Heirs 23, • Legitimate or Illegitimate Child, • Remarried Widow • Concubine., • Enlargement of Women's estate (sec.14) 123, • Rao Committee Report 123, • Section 14 • 'Any property' - meaning 124-129, of • 'possessed by female Hindu', • Female Hindu • 'Whether acquired, before or after the Commencement of, the Act' • 'Shall be held by her as full, owner thereof and not as a limited, owner'., • Succession of a Hindu Female Intestate 129-135, • Class I Heirs • Class II Heirs, • Class III Heirs • Class IV Heirs, • Class V Heirs • Section 15., • The Order and Manner of Distribution 135-136, • Some General Principles 136-137, • Preference of Full Blood over Half, Blood • Mode of Succession of two or, more Heirs • Unborn Child, • Simultaneous Death • Preferential, Right., • Section 23 before 2005 137, • Section 23 after 2005 137-140, • Heirs not Entitle to Inherit 141-142, • Remarried Widow after 2005, • Murderer • Conversion • Disqualified, Heir be Deemed Died • Abolition of the, Old Disqualification of Hindu Law., • Hindu Succession Amendment Act 2005 142-156, • The Effect of the Amendment Act,, 2005 • The Kerala Joint Hindu Family, System (Abolition) Act, 1975 • The, Andhra Pradesh Hindu Succession, (Amendment) Act, 1985 • Amendments, in other States • Critical Analysis of the, Contents 9, 10 Women's Property Rights in India, Amendment Act, 2005 • Deletion of Sub-, Section (2) of Sec. 4 of Principal Act •, Amendment of Sec. 6 • Induction of, Daughter as Coparcener • Prospective, Effect • Hindu Undivided Family •, Distinction between the Females of, Hindu Joint Family • Rule of, Survivorship • Mitakshara-Coparcenary, • Deemed Partition • Discrimination, between the Coparceners • No, Discrimination between Married and, Unmarried Daughters • No Provision, for the Devolution of the Interest of, Female Coparcener • Abrogation of the, Pious Duty of Son to Pay Father's Debt, • Omission of Sec. 23 • Deletion of Sec., 24 • Amendment of Sec. 30 • Heirs, under the Amendment Act., C. Christian Law 156-158, • Indian Christian • Application of the, Act of 1925 • General Principles of the, Succession of a Christian., • Rules Regarding Domicile 158-161, • Trader or Merchant • Foreign, Representatives • Legitimate and, Illegitimate Child • Lunatic Person, • The Effect of Marriage to Regulate, the Succession • Abolition of English, Concept of Matrimonial Property, • Different Domicile of Spouses., • Intestate Succession 161-170, • Kinds of Heirs • Husband and Wife, • Widow and Widower • Judicial, Separation • Lineal descendants, • Lineal descendants of first degree, • Lineal descendants of Second degree, • Lineal descendants of third degree, • Lineal descendants not of same, degree • No Lineal descendant degree, • Doctrine of Escheat • In case of Nun, • Travancore Christian Succession Act, and the Cochin Succession Act., D. Parsi Law 170-191, • Succession of Parsis • General, principles of Intestate Succession of a, Parsi • Posthumous Child • PreContents, 11, Deceased Child • Remarriage, • Distribution of Property among, Widow, Widower, Children and Parents, • Distribution of Share of Predeceased, Child of Intestate leaving Lineal, Descendants., • Heirs 174, • If there is no lineal descendants but, a widow or widow of any lineal, descendant • If there is no lineal, descendants nor a widow or widower, nor a widow of any lineal descendant, The relatives who are not otherwise, entitle to inherit., 4. Comparative Study of Women's Property, Rights under Different Legal System, • An Overview • Definition of, Comparative Law • Different Families, of Law • Romano Germanic Family •, The family of Common Law • The family, of Socialist Law • The family of, Religious Law., • Development of Different Religious Law 192-220, • Muslim Law • Hindu Law • Christian, Law • Comparison of General Rules of, Succession of Different Laws., • Comparative Charts 203-220, • Comparison of the Shares allotted to, Females in Different Capacities •, Mother, Grand mother, Great grand, mother, Step mother and Mother of an, illegitimate child • Widow, Widow of, predeceased son, Widow of predeceased, son's son (his) and Widow of brother •, Sister, Consanguine sister and Uterine, sister • Daughter, Son's Daughter and, Daughter's daughter • Some, Comparative Illustration., 5. Judicial Responses 221-225, • An Overview • Historical Background, • Development of Indian Legal System, • Role of Judiciary in Developing the, Women's Property Right., • Islamic Law 225-241, • Pre-lndependence Period • Post, Independence Period • During First, Decade • During Second Decade, • During Third Decade • During Fourth, Decade • During Fifth Decade., • Current Position 242, • Hindu Law 242, • Pre-lndependence Period • Post, Independence Period • During First, Decade • During Second Decade, • During Third Decade • During Fourth, Decade • During Fifth Decade., • Current Position 258-264, •Implementation of New (Amendment), Act of 2005 • Latest Cases upto 2009., • Christian Law 265-269, •Pre-lndependence Period • Post, Independence Period., • Current Position 269, • Parsi Law 270-272, • Pre-lndependence Period • Post, Independence Period., • Current Position 273, 6. Summation and Suggestion 281, Bibliography 295, Encyclopedias 307, Reports 307, Journals 309, Articles 309, Periodicals & Dailies 313, Acts and Statutes 313, International Conventions and Declarations 315, Index 319About The Book:- There Is Luminous Literature Available Relating To Women But Very Little Attention Is Given Towards The Property Rights Of Women. The Law Of Inheritance Is An Important Subject To Be Considered Because It Ensures The Future Security Of Women To Arrival Social Tragedies. According To The Un. Report 1980, The Women Constitute Half The World's Population But Possesse Only One Percent Of Immovable Property. Despite The Plethora Of International Conventions And Declarations And Legislative Steps But The Help System Discriminates To Inherit The Property. In Ancient Times The Women Were Devoid Of Any.,Content:- Contents, Preface 13, Abbreviation 17, Table Of Cases 23, 1. Introduction 39-55, • An Overview 39, • Indian Scenario 45, • Practical Significance Of Different Acts 50, • Another Legislative Step (The Amendment, Act Of 2005) 51, • Hypothesis 53, • Scheme Of Work 53, • Research Methodology 54, 2. Concept Of Women'S Property Under 57-78, Different Legal System, • An Overview 57, • Concept Of Property 57, • Under Different Legal System 61, A. Islamic Law 61, • Hanafi School • Maliki School, • Shafii School • Hanalii School, • Shia School, B. Hindu Law 64, • Classification Of Property, • Stridhana • Women'S Estate, C. Christian Law 72, • Concept Of Matrimonial Property 48, D. Parsi Law 75, • Recapitulation 50, 3. Shares Of Females Under Different, Legal System 79-191, • An Overview • Development Of Family, System • Law Of Inheritance In Different, Religo Legal System, A. Islamic Law 86, • Salient Features • Nemo Est Heirs, Vevents • Dual Basis Of Islamic Law Of, Inheritance • Near In Degree Exclude, The Remorter • Rule Of Representation, • Rule Of Spes-Successionis • No, Concept Of Joint Family • No Rule Of, Primogeniture • No Birth Right • No, Concept Of Survivorship • Rules, Relating To Illegitimate Child • Insanity, And Unchastity • Non-Muslim Not Be An, Heir • Homicide • Missing Person, • Unborn Person As Being Heir, • Several Death At A Time, • Kinds Of Heirs 89, • Sharer • Residuaries • Distant, Kindred, • Fluctuation Of Shares Among The, Sharers And Residuaries 98, • Apportionment Of Heritage 100, • Doctrine Of Awl • Doctrine Of Radd, • Shia Law Of Inheritance 101, • Comparison Of Sunni And Shia, Law Of Inheritance 104, B. Hindu Law 118, • Definition Of Hindu • Position Of, Women'S Property Right In Old Hindu, Law • Fundamental Changes Brought, By The Act Of 1956 • Coparcenary • Joint, Family • Undivided Hindu Family, • Position Of Women'S Property Right, After, 1956 • Critical Analysis Of Certain, Provisions Of Hindu Succession Act Of, 1956 • Section 6 Before 2005 • Section, 6 After 2005 • Uniform Succession, Whether Really Exist After 1956 ?, • Section 8, 8 Women'S Property Rights In India, • Kinds Of Heirs 122, • Heirs Specified Class I • Heirs, Specified Class Ii • Heirs Specified Class, Iii • Heirs Specified Class Iv., • Some Controversial Heirs 23, • Legitimate Or Illegitimate Child, • Remarried Widow • Concubine., • Enlargement Of Women'S Estate (Sec.14) 123, • Rao Committee Report 123, • Section 14 • 'Any Property' - Meaning 124-129, Of • 'Possessed By Female Hindu', • Female Hindu • 'Whether Acquired, Before Or After The Commencement Of, The Act' • 'Shall Be Held By Her As Full, Owner Thereof And Not As A Limited, Owner'., • Succession Of A Hindu Female Intestate 129-135, • Class I Heirs • Class Ii Heirs, • Class Iii Heirs • Class Iv Heirs, • Class V Heirs • Section 15., • The Order And Manner Of Distribution 135-136, • Some General Principles 136-137, • Preference Of Full Blood Over Half, Blood • Mode Of Succession Of Two Or, More Heirs • Unborn Child, • Simultaneous Death • Preferential, Right., • Section 23 Before 2005 137, • Section 23 After 2005 137-140, • Heirs Not Entitle To Inherit 141-142, • Remarried Widow After 2005, • Murderer • Conversion • Disqualified, Heir Be Deemed Died • Abolition Of The, Old Disqualification Of Hindu Law., • Hindu Succession Amendment Act 2005 142-156, • The Effect Of The Amendment Act,, 2005 • The Kerala Joint Hindu Family, System (Abolition) Act, 1975 • The, Andhra Pradesh Hindu Succession, (Amendment) Act, 1985 • Amendments, In Other States • Critical Analysis Of The, Contents 9, 10 Women'S Property Rights In India, Amendment Act, 2005 • Deletion Of Sub-, Section (2) Of Sec. 4 Of Principal Act •, Amendment Of Sec. 6 • Induction Of, Daughter As Coparcener • Prospective, Effect • Hindu Undivided Family •, Distinction Between The Females Of, Hindu Joint Family • Rule Of, Survivorship • Mitakshara-Coparcenary, • Deemed Partition • Discrimination, Between The Coparceners • No, Discrimination Between Married And, Unmarried Daughters • No Provision, For The Devolution Of The Interest Of, Female Coparcener • Abrogation Of The, Pious Duty Of Son To Pay Father'S Debt, • Omission Of Sec. 23 • Deletion Of Sec., 24 • Amendment Of Sec. 30 • Heirs, Under The Amendment Act., C. Christian Law 156-158, • Indian Christian • Application Of The, Act Of 1925 • General Principles Of The, Succession Of A Christian., • Rules Regarding Domicile 158-161, • Trader Or Merchant • Foreign, Representatives • Legitimate And, Illegitimate Child • Lunatic Person, • The Effect Of Marriage To Regulate, The Succession • Abolition Of English, Concept Of Matrimonial Property, • Different Domicile Of Spouses., • Intestate Succession 161-170, • Kinds Of Heirs • Husband And Wife, • Widow And Widower • Judicial, Separation • Lineal Descendants, • Lineal Descendants Of First Degree, • Lineal Descendants Of Second Degree, • Lineal Descendants Of Third Degree, • Lineal Descendants Not Of Same, Degree • No Lineal Descendant Degree, • Doctrine Of Escheat • In Case Of Nun, • Travancore Christian Succession Act, And The Cochin Succession Act., D. Parsi Law 170-191, • Succession Of Parsis • General, Principles Of Intestate Succession Of A, Parsi • Posthumous Child • Precontents, 11, Deceased Child • Remarriage, • Distribution Of Property Among, Widow, Widower, Children And Parents, • Distribution Of Share Of Predeceased, Child Of Intestate Leaving Lineal, Descendants., • Heirs 174, • If There Is No Lineal Descendants But, A Widow Or Widow Of Any Lineal, Descendant • If There Is No Lineal, Descendants Nor A Widow Or Widower, Nor A Widow Of Any Lineal Descendant, The Relatives Who Are Not Otherwise, Entitle To Inherit., 4. Comparative Study Of Women'S Property, Rights Under Different Legal System, • An Overview • Definition Of, Comparative Law • Different Families, Of Law • Romano Germanic Family •, The Family Of Common Law • The Family, Of Socialist Law • The Family Of, Religious Law., • Development Of Different Religious Law 192-220, • Muslim Law • Hindu Law • Christian, Law • Comparison Of General Rules Of, Succession Of Different Laws., • Comparative Charts 203-220, • Comparison Of The Shares Allotted To, Females In Different Capacities •, Mother, Grand Mother, Great Grand, Mother, Step Mother And Mother Of An, Illegitimate Child • Widow, Widow Of, Predeceased Son, Widow Of Predeceased, Son'S Son (His) And Widow Of Brother •, Sister, Consanguine Sister And Uterine, Sister • Daughter, Son'S Daughter And, Daughter'S Daughter • Some, Comparative Illustration., 5. Judicial Responses 221-225, • An Overview • Historical Background, • Development Of Indian Legal System, • Role Of Judiciary In Developing The, Women'S Property Right., • Islamic Law 225-241, • Pre-Lndependence Period • Post, Independence Period • During First, Decade • During Second Decade, • During Third Decade • During Fourth, Decade • During Fifth Decade., • Current Position 242, • Hindu Law 242, • Pre-Lndependence Period • Post, Independence Period • During First, Decade • During Second Decade, • During Third Decade • During Fourth, Decade • During Fifth Decade., • Current Position 258-264, •Implementation Of New (Amendment), Act Of 2005 • Latest Cases Upto 2009., • Christian Law 265-269, •Pre-Lndependence Period • Post, Independence Period., • Current Position 269, • Parsi Law 270-272, • Pre-Lndependence Period • Post, Independence Period., • Current Position 273, 6. Summation And Suggestion 281, Bibliography 295, Encyclopedias 307, Reports 307, Journals 309, Articles 309, Periodicals & Dailies 313, Acts And Statutes 313, International Conventions And Declarations 315, Index 319
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