FAMILY LAW-2

Q 1. Discuss in detail the provisions regarding distribution of shares amongst different heirs
of property of Hindu male dying intestate as provided under the Hindu Succession Act 1956.
Ans:
The Hindu Succession Act, 1956 governs the distribution of property among heirs of a Hindu
male dying intestate, i.e., without leaving a will. The Act was amended in 2005 to remove
gender discrimination in property rights, ensuring equal rights to daughters in ancestral
property. Here's a detailed discussion on the provisions regarding the distribution of shares
among different heirs under the Act:

1. Class I heirs:
• In case the deceased Hindu male has left behind Class I heirs, the property is
distributed among them.
• Class I heirs include the following:
• Son
• Daughter
• Widow
• Mother
• Son of a predeceased son
• Daughter of a predeceased son
• Son of a predeceased daughter
• Daughter of a predeceased daughter
• Widow of a predeceased son
• Son of a predeceased son of a predeceased son
• Daughter of a predeceased son of a predeceased son
• Widow of a predeceased son of a predeceased son
2. Distribution among Class I heirs:
• If the deceased has left behind a widow, sons, daughters, and mother, each of them
gets an equal share in the property.
• If any of the Class I heirs has predeceased the deceased Hindu male, their share goes
to their legal heirs.
3. If no Class I heirs:
• If there are no Class I heirs, the property passes to Class II heirs.
4. Class II heirs:
• If there are no Class I heirs, the property passes to Class II heirs.
• Class II heirs include:
• Father
• Son's daughter's son
• Son's daughter's daughter
• Brother
• Sister
• Daughter's son's son
• Daughter's son's daughter
• Daughter's daughter's son
• Daughter's daughter's daughter
• Brother's son
 • Sister's son
• Brother's daughter
• Sister's daughter
• If there are more than one heir in Class II, they share the property equally.
5. If no Class II heirs:
• If there are no Class II heirs, the property devolves upon agnates (relatives through
males) and then to cognates (relatives through females).
6. Agnates and Cognates:
• If there are no Class II heirs, the property passes to agnates, such as uncles and their
descendants, and then to cognates, such as relatives through females, like aunts and
their descendants.
• The distribution among agnates and cognates is in accordance with their proximity to
the deceased. The closer the relationship, the higher the priority.
7. Escheat:
• If there are no heirs even among agnates and cognates, the property escheats to the
government.

It's important to note that the 2005 amendment to the Hindu Succession Act brought
significant changes to the rights of female heirs, granting them equal rights in the ancestral
property. This means daughters have the same rights as sons in the property of their parents.
Additionally, the amendment also clarified the order of succession among relatives and
introduced the concept of a "notional partition" to determine the share of a deceased
coparcener in a joint Hindu family.
https://www.legalserviceindia.com/article/l258-Intestate-Succession.html
https://blog.ipleaders.in/heirs-of-a-male-estate-under-hindu-law/
1. Case Study 1: Equal Rights of Daughters
Facts: Mr. Sharma, a Hindu male, passed away intestate, leaving behind a widow, two sons,
and a daughter. The ancestral property was the subject of dispute as per the provisions of the
Hindu Succession Act, 1956.
Resolution: As per the Act, the daughter of Mr. Sharma is entitled to an equal share in the
ancestral property along with her brothers. The property would be divided equally among the
widow, sons, and daughter. Despite any traditional customs or practices favoring sons over
daughters in property matters, the Act ensures equal rights for daughters. This case highlights
the significance of the 2005 amendment in granting equal rights to daughters in ancestral
property.
2. Case Study 2: Distribution among Legal Heirs
Facts: Mr. Rao, a Hindu male, died intestate, leaving behind his widow, a son, and a daughter.
However, the son had predeceased Mr. Rao, leaving behind his wife and two children.
Resolution: In this scenario, the property of Mr. Rao would be distributed among his legal
heirs. Since the son predeceased Mr. Rao, his share of the property would pass on to his legal
heirs, i.e., his wife and children. Therefore, the property would be divided into three equal
shares—one for the widow, one for the daughter, and one to be further divided equally
among the son's widow and children. This case demonstrates the provision for aggregation
of shares of predeceased heirs and their distribution among their legal heirs.
 Q2 Explain in detail the concept of Hindu Undivided Family and powers of its Karta.
The concept of Hindu Undivided Family (HUF) is a unique feature of Hindu law and plays a
significant role in matters of taxation, succession, and property ownership in India. Let's delve
into the details of the HUF and the powers vested in its Karta:

Hindu Undivided Family (HUF):

1. Definition: A Hindu Undivided Family is a legal entity recognized under Hindu law wherein
the members are lineal descendants of a common ancestor and are bound together by the
principle of jointness and commonness of property.
2. Composition: An HUF typically consists of the following members:
• Karta: The head of the family, usually the eldest male member.
• Coparceners: All male descendants, including sons, grandsons, great-grandsons, etc.,
through the male lineage.
• Members: Females who are not coparceners, including wives, daughters, mothers,
etc.
3. Property: The property of an HUF includes both ancestral and self-acquired property.
Ancestral property refers to property inherited through generations, while self-acquired
property is property acquired by the Karta or other members through their efforts or
inheritance.
4. Income Tax: HUFs have a separate legal identity for tax purposes, and income earned by the
HUF is taxed separately from the income of its members. HUFs enjoy certain tax benefits and
exemptions under the Income Tax Act.

Powers of Karta:
The Karta of an HUF holds a position of authority and responsibility within the family. Here
are the powers vested in the Karta:
1. Management of HUF Property: The Karta has the authority to manage the property and
affairs of the HUF. This includes the power to buy, sell, lease, or otherwise deal with HUF
property for the benefit of the family.
2. Alienation (the transfer) of Property: The Karta has the power to alienate HUF property for
legal necessity or for the benefit of the family. However, this power is subject to certain
restrictions and conditions.
3. Representative Capacity: The Karta represents the HUF in all legal proceedings and
transactions. He can enter into contracts and agreements on behalf of the HUF.
4. Partition: The Karta has the authority to initiate a partition of the HUF property among the
coparceners. However, the consent of all coparceners is generally required for a valid
partition.
5. Managerial Discretion: The Karta has discretionary powers in managing the affairs of the HUF,
but these powers are not absolute and must be exercised for the benefit of the entire family.
6. Delegation of Powers: The Karta may delegate certain powers to other members of the family
for efficient management, but ultimate authority rests with the Karta.

It's important to note that the powers of the Karta are not absolute and are subject to the
principles of Hindu law, customs, and the welfare of the family. The Karta is duty-bound to
act in the best interests of the HUF and its members. Additionally, in recent years, courts
 have increasingly recognized the rights of female members in HUFs and their role in decision-
making processes.
https://www.herofincorp.com/blog/karta-
meaning#:~:text=Karta%20is%20usually%20the%20eldest,%2C%20finances%2C%20and%20
property%20alienation.
https://blog.ipleaders.in/power-and-position-of-a-karta-under-hindu-law/
Q3 Define Wakf and discuss fully its essential characteristic under Muslim law.
Wakf, also spelled as Waqf, is a concept in Islamic law that involves the dedication of certain
assets or property for religious, charitable, or philanthropic purposes. The person who
creates a Wakf is known as the "Wakif," while the property dedicated to Wakf is referred
to as "Wakf property." Wakf is a significant institution in Islam and plays a crucial role in
supporting various social and religious activities.

Essential Characteristics of Wakf under Muslim Law:

1. Perpetual Dedication: One of the primary characteristics of Wakf is that the dedication of the
property is perpetual (continuing or enduring forever; everlasting) and irrevocable. Once the
property is dedicated to Wakf, it cannot be withdrawn or reclaimed by the Wakif or his heirs.
This ensures the continuity of the benefits derived from Wakf for the intended purposes.
2. Religious or Charitable Purpose: Wakf property must be dedicated for religious, charitable,
or philanthropic purposes that are permissible under Islamic law. These purposes may include
the maintenance of mosques, schools, hospitals, orphanages, shelters for the poor, and other
public welfare activities.
3. Solemn Declaration by Wakif: The creation of Wakf requires a formal and solemn (formal and
dignified.) declaration by the Wakif, expressing his intention to dedicate the property for the
specified purposes. The declaration must be made with the intention of dedicating the
property to the service of Allah and for the benefit of humanity.
4. Separation of Ownership: Once the property is dedicated to Wakf, it becomes the property
of Allah and is separated from the personal ownership of the Wakif. The Wakif loses all
proprietary rights over the Wakf property, and it is managed and administered separately for
the fulfilment of its intended purposes.
5. Administered by Mutawalli: Wakf property is managed and administered by a trustee known
as the "Mutawalli" or "Nazir." The Mutawalli is entrusted with the responsibility of ensuring
that the Wakf property is utilized for the designated purposes and that its income is properly
distributed in accordance with Islamic principles.
6. Income for Beneficiaries: The income generated from Wakf property is utilized for the
specified beneficiaries or for the maintenance and development of the Wakf property itself.
The beneficiaries may include the poor, needy, scholars, students, and other deserving
individuals or institutions.
7. Inalienability and Indivisibility: Wakf property is generally inalienable and indivisible. It
cannot be sold, mortgaged, or transferred to any individual or entity. However, the income
generated from Wakf property can be utilized for specific purposes as determined by the
terms of the Wakf deed.
8. Permanent Benefit to Society: Wakf is intended to provide a permanent benefit to society by
promoting education, healthcare, social welfare, and religious activities. It serves as a means
of ensuring the equitable distribution of wealth and resources and fostering social cohesion
within the Muslim community.

In summary, Wakf under Muslim law is characterized by its perpetual dedication for religious
or charitable purposes, separation of ownership, administration by a trustee, and its role in
providing lasting benefits to society. It embodies the Islamic principles of charity, social
justice, and community welfare.
https://blog.ipleaders.in/concept-waqf-muslim-law/

Q4 Discuss the distribution of the property amongst different heirs of Christian who
followed Christian religion.
Ans:
In India, the distribution of property among heirs of a deceased person, including those who
followed the Christian religion, is primarily governed by personal laws based on religion. The
distribution of property among heirs of a Christian individual is governed by the Indian
Succession Act, 1925. However, certain provisions may also apply from the Indian Christian
Marriage Act, 1872, and other relevant statutes.

Indian Succession Act, 1925: This Act governs the distribution of property in cases where a
person dies intestate (without leaving a valid will) or partially intestate (leaving some property
without a valid will). It provides a comprehensive framework for the devolution of property
among heirs and addresses various aspects such as the order of succession, rights of heirs,
and administration of the estate.

Under the Indian Succession Act, 1925, if a Christian individual dies intestate (without a will),
the distribution of their property is governed by rules of intestate succession. The property is
distributed among the legal heirs according to a specified order of priority, which typically
includes the spouse, children, parents, and other relatives.

• Spouse: The surviving spouse is entitled to a share of the deceased's property. The
actual share may vary depending on whether the deceased has left behind children or
other legal heirs.
• Children: If the deceased has children, they are entitled to a share of the property.
The share of each child may vary depending on the number of children and other
factors.
• Parents: In the absence of a surviving spouse or children, the property may devolve
upon the deceased's parents.
• Other Relatives: If there are no surviving spouse, children, or parents, the property
may pass to other relatives as per the rules of intestate succession.

Distribution of Property:

• The distribution of property among heirs is usually done in accordance with the shares
prescribed under the Indian Succession Act, 1925. Each heir is entitled to a specific
 portion of the deceased's estate based on their relationship with the deceased and
the order of priority.
• The Act provides guidelines for calculating the shares of heirs, taking into account
factors such as the number of heirs, their relationship with the deceased, and any
specific provisions or exceptions under the law.

Will and Testamentary Documents:

• If the deceased has left behind a valid will or testamentary document, the distribution
of property is governed by the terms specified in the will, subject to certain legal
requirements and formalities.
• A valid will must be executed in accordance with the provisions of the Indian
Succession Act, 1925, and should clearly outline the wishes of the deceased regarding
the distribution of their estate.

Legal Recourse and Dispute Resolution:

• In cases where there are disputes or conflicts among heirs regarding the distribution
of property, legal recourse may be sought through the courts.
• The courts may adjudicate on matters related to the interpretation of wills,
determination of legal heirs, resolution of disputes, and administration of the estate,
ensuring that the distribution of property is done in accordance with applicable laws
and principles of equity.

Additionally, certain personal customs and practices may also influence the distribution of
property among heirs, especially in cases where there are disputes or conflicts among family
members. In such cases, legal recourse may be sought through the courts to resolve the
matter according to applicable laws and principles of equity.

Overall, the distribution of property among heirs of a Christian individual in India is subject to
the Indian Succession Act, 1925, and other relevant laws, as well as any personal customs or
practices that may apply in specific cases.

https://blog.ipleaders.in/everything-common-man-needs-know-regarding-succession-
property-across-religions/
https://www.lawteacher.net/free-law-essays/property-trusts/christian-law-of-
succession.php
Q5 Discuss the distribution of property of an Intestate Parsi.
An intestate Parsi refers to a Parsi individual who passes away without having made a valid
will or testamentary document outlining their wishes regarding the distribution of their
property and assets after their death. "Intestate" specifically refers to the legal condition of
dying without leaving a will.
The term "Parsi" refers to a member of the Zoroastrian community who follows the religion
of Zoroastrianism, which originated in ancient Persia (modern-day Iran) and has a significant
presence in India and other parts of the world. The Parsi community has its own customs,
traditions, and laws, including those related to inheritance and succession.
When a Parsi individual dies intestate, the distribution of their property is governed by the
Parsi Intestate Succession Act, 1865, in India. This Act sets out rules for the distribution of the
deceased's estate among their surviving relatives, including their spouse, children, parents,
and other relatives, in the absence of a will.
In India, the distribution of property of an intestate Parsi individual is primarily governed by
the Indian Succession Act, 1925, along with certain provisions from the Parsi Personal Law
and customs followed by the Parsi community. When a Parsi person dies intestate (without
leaving a valid will), the distribution of their property is determined according to the rules of
intestate succession.
Here's a detailed discussion on the distribution of property of an intestate Parsi individual:
Indian Succession Act, 1925: This Act serves as the primary legislation governing the
distribution of property in cases of intestacy for individuals across various religions and
communities in India, including Parsis.
Parsi Personal Law and Customs:
Parsis in India are governed by their own personal laws and customs, which may have specific
provisions regarding inheritance and succession. These provisions may supplement or modify
certain aspects of the Indian Succession Act 1925.
Under Parsi personal law, the distribution of property among heirs is influenced by customs
and traditions followed by the Parsi community. These customs may vary slightly among
different Parsi families or regions.
Order of Succession:
follows a pattern similar to that prescribed in the Indian Succession Act. include succession
rights of the spouse, children, parents, and other relatives, depending on their presence and
relationship with the deceased.
Distribution of Property: The distribution of property among heirs of an intestate Parsi
individual is done in accordance with the provisions of the Indian Succession Act,
supplemented by any specific rules or customs applicable to the Parsi community.
Each category of heirs is entitled to a specific share of the deceased's estate, determined
based on their relationship with the deceased and the order of priority specified under the
law and customs.

• Spouse's Share:
o If the deceased Parsi individual leaves behind a spouse, the spouse is entitled
to a share of the estate.
o The exact share may vary depending on whether the deceased had children or
other descendants.
• Children's Share:
 o If the deceased Parsi individual has children or other descendants, they are
entitled to a portion of the estate.
o The share of each child may depend on the number of children and whether
the deceased was survived by a spouse.
• Parents' Share:
o In the absence of a surviving spouse or children, the estate may pass to the
deceased's parents.
o The share of the estate allocated to the parents may be determined based on
the laws of intestacy.
• Distribution among Relatives:
o If the deceased Parsi individual has no surviving spouse, children, or parents,
the estate may pass to more distant relatives, such as siblings, nieces,
nephews, or cousins.
o The exact distribution among relatives will depend on the laws of intestacy and
the specific familial relationships of the deceased.
Administration by Administrator:
The estate of the deceased Parsi individual is typically administered by an administrator
appointed by the court in accordance with the laws of intestacy.
The administrator is responsible for collecting assets, paying debts and taxes, and distributing
the remaining estate to the heirs as per the provisions of the Parsi Intestate Succession Act,
1865.
Legal Recourse and Dispute Resolution:
In cases where there are disputes or disagreements among heirs regarding the distribution of
property, legal recourse may be sought through the courts.
The courts would adjudicate on matters related to the interpretation of laws, determination
of legal heirs, resolution of disputes, and administration of the estate, ensuring that the
distribution of property is carried out in accordance with applicable legal provisions and
customs.
Overall, the distribution of property of an intestate Parsi individual involves a combination of
statutory provisions, Parsi personal law, and customary practices aimed at ensuring a fair
and equitable distribution of assets among the rightful heirs of the deceased within the Parsi
community in India.
The laws regarding intestate succession among Parsis may vary depending on the jurisdiction
and the specific customs and practices of the community. It's essential for individuals to be
aware of the applicable laws and, if possible, to create a will to ensure that their property is
distributed according to their wishes and in accordance with their religious beliefs and
traditions. Consulting with a legal professional knowledgeable about Parsi succession laws
can provide guidance on navigating the complexities of intestate succession within the Parsi
community.
The distribution of property of an intestate Parsi individual is governed by the Parsi Intestate
Succession Act, 1865, which provides rules for the distribution of the estate among the
deceased's surviving relatives. It's essential for individuals to be aware of the intestacy laws
applicable to their community and, if possible, to create a will to ensure their property is
distributed according to their wishes. Consulting with a legal professional knowledgeable
about Parsi succession laws can provide guidance on navigating the complexities of intestate
succession.
https://www.advocatekhoj.com/library/bareacts/indiansuccession/7.php?Title=Indian%20S
uccession%20Act,%201925&STitle=Special%20Rules%20for%20Parsi%20Intestates

Q6 Explain in detail about powers and jurisdiction of the family court.

Family courts are specialized courts that handle legal matters related to family relationships.
Their jurisdiction and powers can vary depending on the country and its legal system. In India,
the Family Courts Act of 1984 established family courts to deal specifically with matters
concerning family and domestic relations. The powers and jurisdiction of family courts in India
cover a wide range of issues related to family law. Here's a detailed explanation of their
powers and jurisdiction:
The powers and jurisdiction typically associated with family courts:
1. Divorce and Legal Separation:
• Family courts typically have jurisdiction over divorce and dissolution of
marriage proceedings. They handle issues such as marital breakdown, division
of marital assets, alimony (spousal support), child custody, and visitation
rights.
• Family courts may grant divorces, annulments, or legal separations, and they
have the authority to resolve related disputes and issues.
2. Child Custody and Visitation:
• Family courts have the power to determine child custody arrangements when
parents are unable to reach an agreement. They consider the best interests of
the child when making custody decisions.
• Family courts also establish visitation schedules for non-custodial parents and
may modify custody and visitation arrangements based on changed
circumstances or the needs of the child.
3. Child Support:
• Family courts oversee the establishment and enforcement of child support
obligations. They calculate child support amounts based on factors such as the
income of both parents, the needs of the child, and the standard of living of
the child before the separation or divorce.
• Family courts have the authority to enforce child support orders and take
action against parents who fail to comply with their support obligations.
4. Domestic Violence Protection Orders:
 • Family courts have jurisdiction over cases involving domestic violence and
abuse. They issue protection orders (restraining orders) to protect victims from
further harm and may order the abuser to stay away from the victim and
refrain from contacting them.
• Family courts may also provide resources and referrals to support services for
victims of domestic violence.
5. Adoption and Guardianship:
• Family courts handle adoption proceedings, including the termination of
parental rights and the legal adoption of children by prospective parents.
• They also appoint guardians for minors or incapacitated adults when
necessary, ensuring that their best interests are protected.
6. Paternity Establishment:
• Family courts determine paternity and parentage in cases where there is a
dispute or uncertainty about the biological relationship between a parent and
a child.
• They may order DNA testing and adjudicate on matters related to parental
rights and responsibilities.
7. Child Welfare and Protection:
Family courts play a role in protecting the welfare of children, including cases involving
child abuse, neglect, or dependency. They may remove children from unsafe
environments and place them in foster care or with relatives, with the goal of ensuring
their safety and well-being.
8. Marital Counselling and Mediation: Some family courts offer marital counselling or
mediation services to help couples resolve disputes amicably, particularly in cases
involving divorce or custody matters. These alternative dispute resolution methods
can help reduce conflict and reach mutually acceptable agreements.
9. Enforcement of Court Orders: Family courts have the authority to enforce their
orders, such as child support or custody arrangements. They can take various
enforcement actions against parties who fail to comply with court orders, including
wage garnishment, property seizure, or contempt of court proceedings.
10. Name Changes: Family courts often handle petitions for name changes, including
name changes for minors or adults.
Overall, family courts play a crucial role in resolving legal disputes and protecting the rights
and welfare of family members. Their jurisdiction and powers are designed to address a wide
range of issues that arise within family relationships, with a focus on promoting fairness,
equity, and the best interests of any children involved.
Q 7. What is partition? Discuss the methods of partition and which properties are liable
for partition and which are not?
Partition refers to the legal process of dividing property owned jointly by two or more
individuals, typically when they cannot agree on how to use or distribute the property.
Partition can occur in various contexts, including real estate owned by co-owners, business
partnerships, or inheritance among heirs.
In India, partition refers to the legal process of dividing jointly owned property among co-
owners. It allows each co-owner to have exclusive ownership of a portion of the property.
Partition can be initiated voluntarily by mutual agreement among the co-owners or through
a legal proceeding if the parties cannot come to an agreement. There are several methods of
partition, and the properties that are liable for partition and those that are not differ based
on various legal principles:
Methods of Partition:
1. Partition by Mutual Agreement: Co-owners agree to divide the property among
themselves according to their respective shares. They may execute a partition deed to
formalize the arrangement.
2. Partition by Physical Division: The property is physically divided among the co-
owners, with each co-owner receiving ownership of a specific portion. This is common
for properties like land or buildings that can be physically divided.
3. Partition by Sale: If the property cannot be divided physically or if the co-owners
prefer to sell the property and divide the proceeds, they can opt for partition by sale.
The property is sold, and the proceeds are distributed among the co-owners.
4. Partition through Legal Proceedings: When co-owners cannot agree on the terms of
partition, any co-owner can file a partition lawsuit in court. The court may order
partition by physical division or sale based on the circumstances of the case.
Properties Liable for Partition:
1. Co-owned Properties: Any property owned jointly by two or more individuals, such as
land, buildings, or inherited assets, can be subject to partition if the co-owners wish
to separate their interests.
2. Coparcenary Property: Under Hindu law, coparcenary property, including ancestral
property, can be partitioned among coparceners (male descendants up to four
generations from a common ancestor).
3. Jointly Owned Assets: Properties jointly acquired or owned by family members,
business partners, or cohabitants can also be liable for partition if the parties wish to
dissolve their co-ownership.
Properties Not Liable for Partition:
1. Self-Acquired Property: Properties acquired by an individual through their own
efforts, such as through purchase, gift, or inheritance, are generally not liable for
partition unless they have been co-owned or mingled with joint family funds.
2. Stridhan Property: Under Hindu law, Stridhan refers to property acquired by a woman
through inheritance, gift, or self-acquisition. Stridhan is not subject to partition among
family members and remains the exclusive property of the woman.
3. HUF Property: Hindu Undivided Family (HUF) property, including ancestral property
held by the joint family, is not subject to partition unless there is mutual consent
among the coparceners to partition the property.
It's important to note that the laws and principles governing partition may vary based on
personal laws applicable to different religious communities in India, such as Hindu, Muslim,
Christian, etc.
Q 8 Explain in detail the meaning and concept of the ‘Domicile’ under the ‘Indian Succession
Act.’
Under the Indian Succession Act of 1925, domicile plays a crucial role in determining the
jurisdiction of Indian courts over matters of succession, including the distribution of property
after a person's death. Domicile is a legal concept that refers to a person's permanent home
or the place where they have their most substantial connections. It is distinct from
nationality or residence, as a person can have multiple residences but only one domicile at
any given time.
The concept of domicile under the Indian Succession Act is based on the English common law
principles and is primarily used to determine:

• Jurisdiction: Domicile determines which country's laws apply to matters of succession,

including the distribution of property and the validity of wills. Indian courts have
jurisdiction over the succession of property located in India and over the movable
property of Indian nationals, regardless of where it is situated.
• Validity of Wills: The domicile of a deceased person at the time of their death
determines the law governing the validity of their will. For example, if a person
domiciled in India makes a will in accordance with Indian law, that will would be
considered valid for the disposition of their property, regardless of where the property
is located.
• Intestate Succession: When a person dies without a valid will (intestate), the law of
their domicile governs the distribution of their estate. The Indian Succession Act
specifies rules for intestate succession based on the deceased person's domicile at the
time of their death.
To establish domicile under the Indian Succession Act, several factors are considered:

• Residence: Residence alone is not sufficient to establish domicile, but it is an

essential factor. A person's domicile is typically the place where they have their
permanent home, where they intend to reside indefinitely or return to after any
temporary absences.
• Intent: Intent is a critical element in establishing domicile. A person must have the
intention to make a particular place their permanent home. This intention is inferred
from their actions and circumstances, such as the length and nature of their residence,
their ties to the community, and their future plans.
• Connection and Attachment: Domicile involves a significant degree of connection and
attachment to a particular place. Factors such as family ties, employment, property
ownership, social and cultural ties, and participation in community activities are
considered in determining domicile.
 • Change of Domicile: Domicile can change if a person moves to a new place with the
intention of making it their permanent home. The acquisition of a new domicile
requires both physical presence in the new location and the intent to abandon the old
domicile.
It's important to note that establishing domicile can be complex, especially in cases involving
multiple residences or international relocations. Courts may consider various factors and
evidence to determine a person's domicile, and the outcome can have significant implications
for matters of succession and inheritance. Individuals seeking to establish or challenge
domicile should seek legal advice to understand their rights and obligations under the Indian
Succession Act.

Q9 Explain
1 Doctrine of increase and return under Muslim law.
The "Doctrine of Increase and Return" is a principle in Islamic law, particularly pertaining to
the distribution of property and wealth through inheritance. This doctrine is based on specific
rules outlined in Islamic jurisprudence (fiqh) regarding the distribution of assets among heirs
after a person's death. The doctrine ensures that heirs receive their rightful shares according
to the principles of Islamic law.
The Doctrine of Increase and Return operates under the following principles:
1. Increase (Ziyadah): This principle refers to the concept that the estate of a deceased
person may increase between the time of their death and the actual distribution of
assets among the heirs. The increase can occur due to various reasons, such as the
discovery of additional assets, the accrual of profits or income on existing assets, or
the resolution of outstanding debts owed to the deceased.
2. Return (Radd): The principle of return stipulates that any increase in the estate of the
deceased after their death must be distributed among the heirs according to the rules
of inheritance laid out in Islamic law. In other words, if the estate increases after the
death of the deceased, the additional assets or wealth must be allocated among the
heirs in proportion to their respective shares under Islamic inheritance rules.
Under Islamic law, inheritance is governed by specific rules outlined in the Quran and the
Hadith (sayings and actions of the Prophet Muhammad). These rules prescribe fixed shares
for certain relatives, including spouses, children, parents, and other relatives, depending on
their relationship to the deceased.
The Doctrine of Increase and Return ensures that heirs receive their rightful shares of the
deceased's estate, taking into account any increase in the estate's value between the time of
death and the distribution of assets. This principle upholds the principles of fairness and
equity in inheritance under Islamic law, ensuring that all heirs receive their prescribed shares
according to the rules of inheritance.
It's important to note that the application of the Doctrine of Increase and Return may vary
slightly among different schools of Islamic jurisprudence (madhabs), such as the Hanafi,
Maliki, Shafi'i, and Hanbali schools. However, the overarching principle of distributing any
increase in the estate among the heirs remains consistent across these different legal
traditions.

2. Properties which can be and cannot be the subject matter of gift.

In general, the subject matter of a gift can vary based on the laws and customs of the
jurisdiction in question, as well as the intentions of the parties involved. However, there are
some general principles that often apply regarding what can and cannot be the subject matter
of a gift. These principles may vary depending on the legal system.
In India, the law regarding gifts is primarily governed by the Transfer of Property Act, 1882,
which lays down the rules and regulations governing the transfer of property, including gifts.
Here's a breakdown of the types of properties that can and cannot be the subject matter of a
gift:
Properties that Can Be the Subject Matter of Gift:
1. Immovable Property:
• Immovable property, such as land, buildings, and any rights associated with them, can
be gifted.
• However, for immovable property, the transfer must be made through a registered
gift deed.
2. Movable Property:
• Movable property, including goods, money, jewelry, vehicles, and other personal
assets, can be gifted.
• Movable property can be gifted orally or through a written document, depending on
the value and nature of the property.
3. Intellectual Property:
• Intellectual property rights, such as copyrights, trademarks, and patents, can be gifted.
• The transfer of intellectual property rights typically requires a written agreement or
assignment deed.
4. Shares and Securities:
• Shares in companies, debentures, bonds, and other securities can be gifted.
• The transfer of shares and securities often involves compliance with the regulations
of the Securities and Exchange Board of India (SEBI) and relevant company laws.
Properties that Cannot Be the Subject Matter of Gift:
1. Properties Under Litigation:
• Properties that are the subject of ongoing litigation or dispute cannot be gifted until
the legal issues are resolved.
 • It's essential to ensure that the property is free from any encumbrances or disputes
before gifting it.
2. Properties with Conditional Title:
• Properties that have a conditional title or are subject to specific restrictions cannot be
gifted without fulfilling the conditions or obtaining necessary permissions.
• For example, government land or leased properties may have restrictions on transfer.
3. Future Property:
• Future property, i.e., property that the donor does not own at the time of making the
gift but expects to acquire in the future, cannot be gifted.
• The donor must have legal ownership and possession of the property at the time of
gifting.
4. Illegal or Unlawful Property:
• Properties obtained through illegal means or unlawful activities cannot be gifted.
• Any gift involving illegal property would be considered void and unenforceable.
5. Properties Against Public Policy:
• Properties that are against public policy or morality cannot be gifted.
• For example, gifts that promote discrimination, violence, or harm to society would be
invalid.
6. Properties with Encumbrances:
• Properties with encumbrances, such as mortgages or liens, cannot be gifted without
clearing the encumbrances.
• The donor must ensure that the property is free from any debts or liabilities before
making the gift.
It's important to note that the gift must be made voluntarily by the donor and accepted by
the donee without any coercion or undue influence. Additionally, certain gifts may be subject
to taxation under the Income Tax Act, 1961, and donors should consider consulting a tax
advisor to understand the tax implications of making a gift.
The validity of a gift may depend on various factors, including the donor's capacity to make
the gift, the intention of the parties, and the proper execution of any required legal
formalities.
3. Distribution of shares amongst different heirs of property of Hindu female dying intestate
as provided under the Hindu Succession Act.
The distribution of property among the heirs of a Hindu female who dies intestate (without
leaving a will) is governed by the Hindu Succession Act, 1956. The Act underwent significant
amendments in 2005, which brought about substantial changes in the rules of succession,
particularly with regard to the rights of daughters and other female heirs. Below is an
overview of the distribution of shares among different heirs under the Hindu Succession Act:
1. Class I heirs: The first category of heirs includes certain relatives who are entitled to
inherit the property of the deceased Hindu female in the absence of a will. Class I heirs
are prioritized over other heirs, and they include:
• Sons and daughters (including the children of predeceased sons and daughters)
 • The husband
• The widow
• Mother
• The son and daughter of a predeceased son
• The widow of a predeceased son
• The son and daughter of a predeceased daughter
• The widow of a predeceased son of a predeceased son
• The daughter of a predeceased son of a predeceased son
• The widow of a predeceased son of a predeceased son of a predeceased son
2. Class II heirs: If there are no Class I heirs, the property will devolve upon the Class II
heirs. Class II heirs include:
• Father
• Son's daughter's son
• Son's daughter's daughter
• Brother
• Sister
• Daughter's son's son
• Daughter's son's daughter
• Daughter's daughter's son
• Daughter's daughter's daughter
• Brother's son
• Sister's son
• Brother's daughter
• Sister's daughter
3. Aggregation of shares: If any Class I heir is alive, the property will be divided among
the Class I heirs as per the rules specified in the Hindu Succession Act. If there are no
Class I heirs, the property will devolve upon the Class II heirs. The share of each heir
will be determined based on their place in the order of succession.
4. Equal rights for daughters: The 2005 amendment to the Hindu Succession Act
abolished the concept of "limited estate" and granted daughters equal rights in the
ancestral property. Daughters are now coparceners and have the same rights and
liabilities as sons in the ancestral property.
5. Stridhana property: Certain properties, known as stridhana, are considered the
absolute property of a Hindu female and are not subject to intestate succession.
Stridhana includes properties acquired by the female through gifts, wills, or
inheritance from relatives. These properties are passed down according to the
female's own wishes and are not governed by the rules of intestate succession.
It's important to note that the specific shares of each heir may vary depending on factors such
as the presence of surviving Class I heirs, the number of heirs, and the nature of the property.
Additionally, the Hindu Succession Act applies to Hindus, Buddhists, Jains, and Sikhs, but not
to Muslims, Christians, Parsis, or Jews, who are governed by their respective personal laws.
4. Kind of Hiba under the Muslim law.
Under Muslim law, Hiba refers to the act of making a gift of property voluntarily and without
consideration. There are several kinds of Hiba recognized in Muslim law, each with its own
specific characteristics and requirements. These include:
1. Hiba Bil Aiwaz: This type of Hiba involves a gift made in exchange for something of
equal value. It essentially operates as a form of barter, where the donor gives a gift in
return for something of equivalent worth from the donee. For example, if a person
gifts a piece of land to another person in exchange for a valuable item such as jewelry
or cash, it would constitute Hiba Bil Aiwaz.
2. Hiba Bil Shart: This type of Hiba involves a gift made with conditions attached to it.
The donor may specify certain conditions that the donee must fulfill in order to receive
the gift. If the conditions are not met, the gift may become invalid. However,
conditions that are contrary to the nature of a gift, such as conditions that impose
obligations or restrictions on the donee, are generally considered invalid.
3. Hiba Bil Iwaz (Gift in Consideration of Marriage): This type of Hiba is made in
consideration of marriage. It is a common practice in Muslim societies for parents or
guardians to give gifts to the bride or groom at the time of marriage. These gifts are
known as Mehr (dower) in the case of the bride and Saduq or Sadaq in the case of the
groom. Hiba Bil Iwaz is a voluntary gift made in anticipation of or as part of a marriage
contract.
4. Hiba Bil Musaqa (Gift in Consideration of Service): This type of Hiba is made in
consideration of services rendered by the donee. If a person provides services to
another person, the latter may choose to reward the former with a gift as a token of
appreciation. The gift is given voluntarily and without any legal obligation to do so.
5. Hiba Bil Ruqba (Gift to an Unborn Child): This type of Hiba involves a gift made to an
unborn child. According to Muslim law, a gift can be made to an unborn child, and it
becomes effective once the child is born alive. However, the gift must meet certain
conditions, such as being made by a competent donor and being accepted by the
donee or their legal guardian after the child's birth.
These are some of the common types of Hiba recognized under Muslim law. Each type may
have specific requirements and implications, and it's important for parties involved in making
or receiving a gift to understand the relevant legal principles and procedures to ensure that
the gift is valid and legally enforceable.