1.

Explain Mitakshara Joint Hindu family

or
Discuss Structure of Mitakshara JHF
or
Features of Mitakshara JHF

(During earlier ages, agriculture was the main source of

income----------required many hands and legs to work
together for the same.----------- resulted in Joint Hindu
family--------------- Mitakshara and Dayabhaga
systems-------------- Mitakshara JHF is governed by rules
contained in Mitakshara------------- Mitakshara is a running
commentary on yajnavalkia Smrithi written by
Vijnaneswara.------------- Mitakshara is applicable in all
parts of India except the states of Assam and
Bengal.----------------- Dayabhaga is JHF is governed by rules
contained in Dayabhaga---------------- Dayabhaga is a digest
of all smrithis viz. Manu smrithi, Narada smrithi,
Yajnavalkia smrithi)

(Mitakshara JHF consists of a male, his wife, his unmarried

daughters and his male descendants upto any generation(i.e;
Sons, grand Sons, great grand sons and so on.), their wives
or widows and unmarried daughters.----------- Joint family
status is the result of birth, marriage or adoption-------- JHF
is a matter of law not by contract------------- joint in food,
worship and estate------------- each member entitled to be
maintained----------- Possession of movable or immovable
property is not an essential condition----------- illegitimate
son is a member------------ On marriage, daughter ceases to
be a member of the fathers family and becomes a member of
her husbands family--------------------- Coparceners (4 male
generations starting from the common ancestor ) only shall
have the right over the ancestral property----------- A member
of JHF can keep individually acquired property called
separate property---------- managed by Kartha of the
family----------- joint family continues with other members
until partition--------------------------JHF system was abolished
in Kerala by Joint Hindu Family System(Abolition) Act
1975.)

During earlier ages, agriculture was the main source of income, which required many hands
and legs to work together for the same. This resulted in evolvement of Joint Hindu family.

The Joint Hindu families in India may be mainly classified into two heads.

1.Mitakshara Joint Hindu family

2. Dayabhaga Joint Hindu family.

Mitakshara JHF is governed by rules contained in Mitakshara. Mitakshara is a running

commentary on yajnavalkia Smrithi written by Vijnaneswara. Mitakshara law is applicable in
all parts of India except the states of Assam and Bengal.

Dayabhaga is JHF is governed by rules contained in Dayabhaga. Dayabhaga is a digest of all

smrithis viz. Manu smrithi, Narada smrithi, Yajnavalkia smrithi.

Mitakshara Joint Hindu family also known as Hindu Undivided Family is a peculiar
institution recognized and followed by Hindu Society from ancient period.

1. Mitakshara JHF consists of a male, his wife, his unmarried daughters and his male
descendants upto any generation(i.e; Sons, grand Sons, great grand sons and so on.), their
wives or widows and unmarried daughters.

The following diagram gives a clear picture of Mitakshara JHF

M-(Common male ancestor) + his wife W and his unmarried daughters

|
Sons of M + their wives or widows and unmarried daughters

Sons Sons of M + their wives or widows and unmarried daughters

Sons Sons Sons of M+ their wives or widows and unmarried daughters

Sons Sons Sons Sons of M + their wives or widows and unmarried daughters.

and so on to any generation.

2. A joint Hindu family consists of persons who live together. Joint family status is the result
of birth, marriage or adoption.

3. Membership of the JHF is a matter of law and cannot be a matter of agreement.

4.The members of the joint Hindu family are joint in food, worship and estate and may own
joint family property or individual properties.

5.All members are entitled to reside in the family house.

6.They are entitled to be maintained by the family.

7.Beneficial interests of surviving members will be increased by death of a member and

decreased by birth of a new member.

8.Joint family may or may not have properties. Possession of movable or immovable property
is not an essential condition for existence of a joint family.

9. Even illegitimate son is a member of the fathers joint family.

10.On marriage, daughter ceases to be a member of the fathers family and becomes a
member of her husbands family. Even after her husbands death, she continues to be a
member of her deceased husbands family. However, if she returns to her fathers family and
claims the bounty of the family, she is entitled to the right of maintenance.

11. Coparceners (4 male generations starting from the common ancestor ) only shall have the right
over the ancestral property

12.The Hindu undivided Family is recognized as an entity for the purpose of taxation
including Income tax.

13. A member of JHF can keep individually acquired property called separate property.
14.The JHF property or the coparcenary property is managed by Kartha of the family.

15. Even after the death of M, the common male ancestor, the joint family continues with
other members until partition.

In Kerala, the system of joint family was abolished by the Kerala Joint Hindu Family
System(Abolition) Act 1975

2.Discuss Mitakshara Coparcenary

(Mitakshara Coparcenary is a smaller body in the Mitakshara JF

system----------It is based on the birth right of the sons over the
ancestral property----------- coparceners only shall have the right
over the property--------------consists of 4 male generations starting
from a common male ancestor ie. FatherSongrandson---------
great grandson-----------5th generations onwards are members only,
no coparceners----------but becomes coparcener on the death of the
father----------- wife and children can reside in the family house and
can claim maintanence------------By The Hindu Succession
(Amendment) Act, 2005 the daughter of a coparcener is also a
coparcener------------ common ownership and possession of
property------------- new birth decreases the share and death of a
coparcener increases the share------------ property in actual
possession by Kartha of the family, who manages the
property----------- can claim partition of coparcenary
property----------- right to restrain unauthorized acts of other
coparceners----- ask for the account of management----------------
coparcener can alienate his undivided share----------The Hindu
Womens Right to Property Act 1937, widow can enjoy the property
during her life time and would go back to surviving coparceners after
her death---------------Hindu Succession(Amendment) Act 2005
abolished the Doctrine of survivorship and enacted Doctrine of
intestate succession rule.-------- comes to an end by partition.)

1.The Mitakshara Coparcenary is a narrower body in the Mitakshara Joint family system.

2.The Coparcenary concept is based on the birth right of the sons over the ancestral property held
by father.

3.Coparceners only shall have the birth right over the ancestral property.

4. Coparcenary consists of only (1) the father, (2) sons, (3) Sons Sons and (4) Sons sons Sons.
Only 4 generations starting from the father.

Father

Sons

Sons Sons

Sons Sons Sons

5.The mother, wives or widows of sons, and unmarried daughters are not coparceners.

6.Sons belonging to the fifth generation onwards are not coparceners but only members of the joint
family. They become coparceners on the death of the father who is holding the ancestral property.

7.A coparceners wife and children of are entitled to reside in the family house and can claim
maintanence out of coparcenary funds.

8.The Hindu Succession (Amendment) Act, 2005 the daughter of a coparcener is also a coparcener
and she has the same rights and liabilities in the coparcenary property as those of the son.

9.The coparceners are having unity of ownership over the coparcenary property.

10.Coparceners cannot predict the quantum of individual share, as new birth decreases the
share and death of a coparcener increases the share.

11.The coparceners are having joint possession over the coparcenary property.

12. Though ownership and possession vests with coparcener, it will be in actual possession by
the seniormost coparcener called Kartha of the family, who manages the property.
13. Each coparcener can claim partition of coparcenary property.

14. A coparcener have the right to restrain unauthorized acts of other coparceners in the
coparcenary property like erection of building etc., if it interferes with his enjoyment of the
property.

15. A coparcener can ask for the account of management of the joint property.

16. A coparcener can alienate his undivided share in the coparcenary property by gift,
mortgage or Sale as per section 30 of Hindu Succession(Amendment) Act 2005.

17. On the death of a coparcener his interest in the coparcenary property will go to other
surviving coparceners. Legal heirs are not entitled to the property. This is called doctrine of
survivorship.

Changes in doctrine of survivorship

a.This doctrine of survivorship was modified by the enactment of The Hindu Womens
Right to Property Act 1937, which provided that if a coparcener dies leaving his widow, she
can enjoy the property during her life time and would go back to surviving coparceners after
her death. The surviving coparceners are called reversioners.

b. Hindu Succession(Amendment) Act 2005 abolished the Doctrine of survivorship and

enacted Doctrine of intestate succession rule. (Section 6(3))

18.Coparcenary comes to an end by partition or death of a coparcener.

3.Explain Coparcenary within a coparcenary

(On the death of a coparcener, -------who has acquired

property in his own name,------the self acquired
property will inherit to his heirs by succession
-------and not to the surviving coparceners by
survivorship.)
Under Mitakshara Law it is possible that there may exist separate coparcenaries within a
coparcenary.

A coparcener is entitled to acquire property in his own name known as his separate property,
when he is continuing as a coparcener.

On the death of a coparcener, who has acquired property in his own name, the self acquired
property will inherit to his heirs by succession and not to the surviving coparceners by
survivorship.
 A(Father)

B C- Son First coparcenary(4

generations

D (Sons son) E(Sons son) including father-

A,B,C,D,E.F)

New coparcenary starting F(Sons Sons son)

From E (on the

Self acquired property
Of C as ancestral property) G(Sons Sons sons son)
To E,F,G

The above figure illustrates coparcenary within a coparcenary.

4.Explain Apratibandha Daya and Sapratibandha Daya

(Daya means heritage--- - properties inherited by a male

Hindu from his F, GF, GFF are called apratibandha
daya----- cannot alienate)
-- (properties inherited by a male Hindu from from any
relation other than his father- Ex: mother, brother,uncle etc
are called Sapratibandha daya----------can alienate--------On
his death the sapratibandha daya will devolve by succession
and not by survivorship)
Daya means heritage or property inherited by a person.
Under Mitakshara Law property inherited by a male Hindu is divided into two classes. They
are

1. Apratibandha daya or Unobstructed heritage

2. Sapratibandha daya or obstructed heritage.

Apratibandha daya or Unobstructed heritage

All properties inherited by a male Hindu from his father, fathers father and fathers fathers
father are called unobstructed heritage or apratibandha daya. The holder of apratibandha daya
cannot alienate the property.

Sapratibandha daya or obstructed heritage

All properties inherited by a male Hindu from any relation other than his father are called
obstructed heritage or sapratibandha daya. Thus properties inherited by a male Hindu from his
mothers father, brother etc obstructed heritage. His sons do not have any right over this during
his life time. The holder of sapratibandha daya can alienate the property. On his death the
sapratibandha daya will devolve by succession and not by survivorship.

Explain different ways of acquiring properties in Mitakshara Law.

Or
Explain Joint Family property and Separate property

Under Mitakshara law property is classified into two heads.

1. Joint family property or coparcenary property.

2. Separate property or self acquired property.

1.Joint family property

(Ancestral property-- apratibandha daya or
unobstructed property-----------. Over this property,
sons, grand sons and great grand sons will get birth
right.--------------- Income from ancestral property will
also constitute ancestral property ------------ Joint
acquisitions---- properties acquired by joint labour
of the coparceners will be presumed to be joint family
property ---------- keep the jointly acquired properties
as their deparate property ---- Blended Property-- -
coparcener throws his separate property into the
common stock)

The joint family property or Coparcenary property is that in which every coparcener is having
joint interest and joint possession. It is the property in which the sons acquire an interest by
birth. Doctrine of survivorship is applicable.

The joint family property may be classified into the following heads based on the sources from
which it comes.

a. Ancestral property

The property inherited by a male Hindu from his father, grand father or great grand father is
known as ancestral property. This is also known as apratibandha daya or unobstructed
property. Over this property, sons, grand sons and great grand sons will get birth right. Income
from ancestral property will also constitute ancestral property.

b. Joint acquisitions

properties acquired by joint labour of the coparceners will be presumed to be joint family
property. But if the coparceners intentionally keep the jointly acquired properties as their
deparate property, it will not become a coparcenary property.

c. Blended Property- If a coparcener throws his separate property into the

common stock after relinquishing the claims over it, it is called Blending and the
property is called blended property.
2.Separate property or self acquired property

No birth right over it, Doctrine of succession is applicable, Not so, only the owner
has the right over it.

The following are Separate Property:-

(Separate Property ------ the property

inherited by male from any relative
other than father, GF or GGF ---------- No
birth right over it------- Doctrine of
succession applies------It is also called
Saprathibanda Daya-------- Gifted
property------Recovered lost family
property------- Self acquisitions-------
Gains of learning--- Government
Grants---- Income from Separate
property---- Sole coparcenery)

1. Obstructed Heritage or Saprathibanda Daya- the property inherited by

male from any relative other than father, fathers father , fathers fathers father.
IT is said to be obstructed because no birth right can be claimed over it.

2. Gifted property- Gift from friends or relatives.

3. Recovered lost family property- If a coparcener without spending family

funds recover lost joint family immovable property, he can take 1/4th of it or in
case of movable property. The whole as its separate property

4. Self acquisitions- By a persons own labour without the aid of Joint Family
Fund.

5. Gains of learning- Gains of learning means the acquisition of property made

by means of education or training

In Gokul Chand vs Hukum Chand a coparcener sent to England for special training
at the expense of his family. The person when joint the civil Service, the Privy
Council held that his salary was joint family property. But in 1930 the Hindu Gains
of Learning Act was passed and after this a gain of learning is a persons separate
property though joint family funds are used for his education.

6. Government Grants- Given to a particular individual is his separate property.

7. Income from Separate property

8. Sole coparcenery- If the Joint Family property devolves on sole survivor

coparcener its become his own separate property.

Difference between Mitakshara JF and Dayabhaga

JF

SL. SL. No Mitakshara Joint Hindu Dayabhaga Joint

No family Hindu Family
1 What is it? running commentary digest of all
of Yajnavalkia Smrithi smrithis
2 written by Vijnaneshwara Jeemootha
Vahana
3 Location Throughout India Only in Bengal
except Bengal and and Assam
Assam
4 Joint family is patriarchal Matriarchal

5 Property A male child gets after the death

right birth right over the of the father the
ancestral property . son gets the
right
6 inheritance Doctrine of Doctrine of
survivorship is succession is
applicable if a male applicable : legal
dies the property is heirs including
inherited by the wife , daughter
surviving males etc succeeds.
7 Widow and entitled only to get right over
daughter residence and the property of
maintenance the deceased
8 Consists of Mitakshara Female also be
coparcenary consists coparcenaries
of males of 4
generation, F,Son,
GS, GGS starting
from common male
ancestor F.

9 Women Women have only Not so

limited rights

10 Share of During the lifetime of Only after death

property the father itself the of Father son
son can claim gets right.
partition or the share
of its property
11 for right over the death of the
ancestral property persons father
birth of the person is is the pre-
the pre condition condition
12 Kartha Kartha more Not so, he has to
powerful give full
accounts as and
when required
by the members

Doctrine of Survivorship:
(applicable only in the case of Mitakshara
coparceners--- ancestral property will not be vested in
the heirs by succession-------But upon the other
surviving coparceners-------Legislature diluted the
doctrine-------- - Womens Right to Property Act
1937 provided that the widow could possess and enjoy
the property as a limited estate-----------As per Hindu
Succession Act, 1956- S (6), if the deceased coparcener
has left behind a female or male relative mentioned as
class1 heirs, his interest will be transferred as per
provisions of the Act.)

This doctrine is applicable only in the case of Mitakshara coparceners. The

deceased coparceners ancestral property will not be vested in the heirs by
succession. But upon the other surviving coparceners.

Subsequently, legislature interferes and diluted this doctrine

E.g. 1. Hindus Womens Right to Property Act 1937 provided that the widow
could possess and enjoy the property as a limited estate ( Property rights are not
absolute). She cannot alienate the property and after the death her property
goes to the surviving coparceners of her deceased husbands family. Such persons
to whom the property is vested are called Reversioners.

2. Hindu Succession Act, 1956- As per this Act, (S (6)), if the deceased
coparcener has left behind a female or male relative mentioned as class1 heirs,
his interest will not be devolved by survivorship but in accordance with the
provisions of the Act.

DOCTRINE OF PIOUS OBLIGATION

(As per the ancient Hindu law -------------

non-payment of a debt is a sin, which
would follow the spirit of the debtor in
the other world------------ law imposed
an obligation upon the son, to
discharge the liabilities- of F,GF,
GGF--------- This is called Doctrine of
Pious Obligation----------but liabilities
dont extent to the whole debts---------
only to Vyavaharika Debts like debts for
Joint family business expenses+for the
marriages of daughters etc-----------------
not liable for avyavaharika Debts like
Debts incurred for liquor, for a
concubine (keep), for gambling etc)

As per the ancient Hindu law, a son has a pious obligation to pay-off the debts
of his father.

It was regarded by the Hindu that non-payment of a debt is a sin and its
consequence would follow the spirit of the debtor to the other world. Thus if a
Hindu dies without discharging his liabilities his soul has to face evil
consequences.

Hence law imposed an obligation upon the son, to discharge the

liabilities of father, grandfather and great grandfather. This is called Doctrine
of Pious Obligation.

But the liabilities of the son dont extent to the whole debts contracted by
the father. The son has to discharge only the Vyavaharika Debts and not
liable to discharge Avyavaharika debts (debts contracted for a cause
repugnant to good morals)

E.g. for Avyavaharika Debts: Debts incurred for liquor, for a concubine
(keep), for gambling etc

Vyavaharika debts contracted for the purpose of Joint family business

expenses, for the marriages of a person (daughter) etc.

Under the modern law liability of the son to discharge the liabilities of the
father is limited to the extend of the assets received by him.

DOCTRINE OF ANTECEDENT DEBTS

(father can alienate joint family

property for Legal necessity and benefit
of the estate----------- not for any other
purpose---------------This already existing
debts are antecedent debts--------------
The sons cannot challenge or impeach
the alienation made by the father for
discharging antecedent debt)

As per the ancient Hindu law, As a general rule, father can alienate joint family
property only on the following two grounds:-

1. Legal necessity

2 For the benefit of the estate

This alienation cannot be challenged by the sons and it becomes binding upon
them.

But if the property is alienated for any other purpose the sons are not bound.( e.g.
father mortgaging the property and using the money for his personal purpose)

When father alienates Joint Family Property to discharge a debt which already
exists the debt which is discharged is called Antecedent debt i.e. the debt is
really prior debt in point of fact and time.

The sons cannot challenge or impeach the alienation made by the father for
discharging antecedent debt and the sons become bound by such alienation.

KARTHA FUNCTIONS AND POWERS

(Possession and management of family
property----------- Right to
Representation------------ to contract
debts------------- to manage family
business------------- to
compromise------------------------- to refer
a dispute to arbitration------------- to
acknowledge debts except time-barred
debt----------------- to alienate Joint
Family Property for Legal Necessity&
Benefit of the estate)
The manager of a joint Hindu Family is called KARTHA.

In a joint family system if the father is alive father is the kartha. After his death,
the senior most male member becomes the Kartha.

In the Commissioner of Income Tax vs Seth Govind Ram, the Supreme Court held
that only males can become Kartha.

In a Joint Family, the Kartha represents the family in all matters, can sue and be
sued on behalf of the family, can enter into contracts on behalf of the family and
can mange the family business.

The powers of Kartha can be summarized as follows:-

1. Possession and management of family property- Though all
coparceners are entitled in joint ownership and possession, Kartha is
having the actual possession of the property, management and the power
to collect income from the property.

Right to Representation- To represent the family in all legal social,

religious matters.

Power to contract debts- For the genuine purposes of the family he can
contract vyavaharika debts.

Power to manage family business- If there is no joint family business,

Kartha can start a new business only with the consent of the others.

5.Power to compromise He can enter into a compromise of disputes

relating to property, debts and litigations.

6.Power to refer a dispute to arbitration- For the purpose of settling

disputes, Kartha can refer it for arbitration.

7.Power to acknowledge debts except time -barred debt.

8.Power to alienate Joint Family Property- This power is not unlimited.

In ordinary cases the consent of the other members must be sort out. But
under the following two circunstances, Kartha can alienate (by sale,
mortgage etc) without the consent of others. ( Hanuman Prasads case the
Privy Council held)
 1.Legal Necessity : Payment of Govt. revenue, Marriage expenses of
daughter, Funeral expenses, Litigation expenses, Construction of residential
building for the family.

2.Benefit of the estate : Sale of unproductive and inconveniently

situated land for the purpose of purchasing fertile land, Sale of a house in
dangerous condition

Kartha - Duties

(Duty to keep proper account--------,recover

debts---------, spend the funds in a reasonable
manner---------, not to make secret profit)

Kartha is in fiduciary position. Hence he has a:

1. Duty to account

2. Duty to recover debts

3. Duty to spend the funds in a reasonable manner and save for the family

4. Duty not to make secret profit

PARTITION
(separation of the joint status---------, property is
divided into specific shares--------, status of coparcener
and member of joint family ceases--------- modes of
partition are --------By actual division ( by metes and
bounds)---------By executing a partition deed.)

What is Partition

It is the separation of the joint status by the members of a joint family.

 The joint family property is divided into specific shares which are allotted to the
members.

The status of coparcener and member of joint family ceases.

The major modes of partition are -By actual division ( by metes and bounds)-By
executing a partition deed.

Subject matter of partition

The general rule is that the entire joint family property is liable to partition.
But provisions for the following are given from the entire joint family property.

(Entire joint family property except----- Separate

property-- => temples and idols,----- well, animals,

wearing apparels----, outstanding debts---
Maintenance of members---- Marriage expenses)

Separate property of a coparcener

Family temples and idols

Properties indivisible by nature e.g. well, animals, wearing apparels etc.

Payment of outstanding debts

Maintenance of members who do not take a share on partition

Marriage expenses of daughters.

The remaining property is subjected to partition

Persons having right to partition
(Coparceners--------,Minors--------, adopted
sons---------,female members not entitled to demand but can
claim)
1.Coparceners

2. Minors

3. Adopted son.

4. Female members though not entitled to demand partition, they can claim shares on partition.

Partition can be affected by anyone of the following ways:

(By agreement----------, By actual division-----------, By
Arbitration-----------,By giving notice------------,by suit
for partition)
By agreement between the parties

(if intention is clear in the agreement, it amounts to partition even in the absence of
physical division.)

2.By actual division -By metes and bounds.

3.By Arbitration--- Partition can be made through an award (arbitrators judgement)of

the arbritator.

4.By giving notice--- to the other members ; specifying the intention to separate

5.By suit for partition

 6.In the case of apostasy (religious conversion ) a members joint status is terminated.

RE-OPENING OF PARTITION
(Once a partition , always a partition. Comment )

(Once a partition , always a

partition---------,partition once made cannot
be re-opened----------- except in cases of Son
begotten at the time of partition,
-------unborn child-------------, unsound
coparcener----------, missing coparcener------,
minor claiming unjust partition)

The general rule is that the partition once made cannot be re-opened ie
once a partition always a partition.

There are certain exceptions to this rule. For Eg law it permits reunion. Similarly
partition once made can be re- opened in the following cases.

1. A son begotten at the time of partition, though, not born before partition
can re-open it if a share is not reserved for him.

2. A son begotten and born after partition can demand re- opening if his
father though entitled to take a share has not reserved a share for himself.

3. A disqualified coparcener, on the removal of disqualifications, can claim re-

opening. E.g.-unsound.

4. An absent or missing coparcener can on his return re-open if share has not
been reserved him.
5. Can be re-opened by minor on attaining majority if the partition made during
the minority was unjust and prejudicial to his interest.

6. If Partition was effected by an agreement and the consent was obtained by

fraud coercion, misrepresentation, undue influence etc. It can be re-opened at
the option of the coparcener whose consent is so obtained.

HINDU RELIGIOUS AND CHARITABLE

ENDOWNMENTS

(Endowments-----Property dedicated for a religious or

charitable purpose ------ religious (dedicated to
temples, monasteries deities)------- Charitable
(hospitals, schools, asylums etc)-------- male or female
can make-------- must be a major with a sound
mind----------- irrevocable)
When a Hindu dedicates his property for a religious or charitable
purpose it is called endowments

An endowment may be

Religious endowment (property dedicated to temples,

monasteries deities (God) )

Charitable endowment (dedicated for constructing hospitals,

schools, asylums etc.

A Hindu male or female can make endowments.

The dedicated must be a major with a sound mind .

It is irrevocable.

If any objects for which the endowment is created , cannot be

carried into effect, doctrine of Cypres(pronounced as Seeprey) is
 applicable and hence the income from the property can be used
for any other objectives as nearly as possible as the intention of
the dedicator.

DEVASTHANAM PROPERTY

(property is dedicated in favour of a

deity is called DEVASTHANAM
PROPERTY----- managed by a
trustee----- can alienate the property
only for legal necessity and benefit of
the estate-----May appoint a poojari)
If property is dedicated in favour of a deity the property is called
DEVASTHANAM PROPERTY it is managed by a trustee called Shebiot (in
Bengal) or Dharmakartha (In Tamil Nadu) or Urallen( in Malabar). He can
alienate the property only for legal necessity and benefit of the estate. The
founder of a temple may appoint himself or other person as Shebiat is
different from Poojari.

MUTT

(Mutt---------Centre of religious
instruction and philosophy-------------- It
is a religious endowment------------- It is
managed by Mahant or
Madathipathi-------------- If he is found to
be fraudulent, dishonest, etc. court can
remove him-- Eg Kanchi Sankarachariya
Madathipathis case.)
Centre of religious instruction and philosophy. It is a religious endowment.
It is managed by Mahant or Madathilpathi. If he is found to be fraudulent,
dishonest, etc. court can remove him.

Eg Kanchi Sankarachariya Madathipathis case.

STHANAM AND STHANAM PROPERTY

(Sthanam ---------a position of

dignity ---------------.In rich joint
families---------Marumakathayam law,
----------------some properties set apart
for the kaaranavar to keep up his
dignity and social position.-------------The
income for maintaining his
dignity.----------------On his death, the
property is given to the successor in
office-------------------- Sthanam property
was regarded as impartiable estate
which cannot be divided and
partitioned. ---------------------But after
the commencement of Hindu
Succession Act 1956 the impartible
nature has been abolished and as per
Section 7 when a Sthani dies the
property will be divided and
distributed among the heirs.)
 Sthanam literally means a position of dignity .In rich joint families
governed by Marumakathayam law,some properties were set apart for the
kaaranavar to keep up the social position.

The income from such property can be utilized by the sthani or sthanamdar
for maintaining his dignity.On his death, the property is given to the
successor in office . Sthanam property was regarded as impartiable
estate which cannot be divided and partitioned.

But after the commencement of Hindu Succession Act 1956 the impartible
nature has been abolished. And as per Section 7 when a Sthani dies the
property will be divided and distributed among the heirs.

The special features of impartiable estate under the ancient law

Junior members have no birthright over it.

It can be alienated only by the holder and that too only for legal necessity
and benefit of the estate.

Property is not liable to partition.

Income from the property will be the absolute property of the holder.

The concept of impartiable estate has been abolished by the Hindu succession Act
1956.

Tharavad, Karanavan, Thavazhi

(Marumakkathayam System prevailed among Hindu Nairs-------
system was matriarchal--------- joint family is called Tharavad-----
It consists of a mother, her male and female children, the children
of the female children etc.---------- The children of male children
did not belong to the Tharavad of his father but to the tharavad of
his mother.------------- The senior most male member is called
kaaranavan and senior most female member is called
kaaranavathi-----------In the absence of kaaranavan ,kaaranavathi
 can manage the family----------The powers and functions are
similar to that of kartha)
In Kerala, Marumakkathayam System prevailed among Hindu Nairs.

The system was matriarchal.

The joint family is called Tharavad.

It consists of a mother, her male and female children, the children of the female children
etc. The issues (children) of male children did not belong to the Tharavad of his father but
to the tharavad of his mother.

The senior most male member is called kaaranavan and senior most female member is
called kaaranavathi.

In the absence of kaaranavan ,kaaranavathi can manage the family.

The powers and functions are similar to that of kartha.

The powers of kaaranavan can be summarized as

follows:

(Possession and management of family

property----------- Right to
Representation------------ to contract
debts------------- to manage family
business------------- to
compromise------------- to refer a dispute
to arbitration------------- to acknowledge
debts except time-barred
debt----------------- to alienate Joint
Family Property for anything except
sale&mortgage

1.Possession and management of family property- Though all members are entailed to joint
ownership and possession ,kaaranavan is having the actual possession of the property
management and the power to collect income from the property.

2. Right to Representation----To represent the family in all legal social and religious matters.

3. Power to contract debts For the genuine purpose of the family for contracting vyavaharika
debts.

4 .Power to manage family business If there is no joint family business, karanavan can start
a new business only with the consent of the others.

5.Power to compromiseHe can enter into a compromise of disputes relating

to property debts, litigations etc.

6. Power to refer a dispute to arbitrationFor the purpose of setting disputes ,kaarnavan can
refer it for arbritation.

7. Power to acknowdge debts except time barred debts.

8. Power to alienate joint family property -----This poweris not unlimited .In ordinary cases the
consent of the other must be sort. But under the following 2 circumstances , karanavan can
alienate (by sale mortgage etc.)with out the consent of others.

Duties of karaanavan
(Duty to keep proper account--------,recover
debts---------, spend the funds in a reasonable
manner---------, not to make secret profit)
Karanavan is a in a fiduciary position. Hence he has a

1. Duty to account

2. Duty to recover debts

3. Duty to spent the funds in a reasonable manner and save for the family.

4. Duty not to make secret profit.

thavazhi
(A thavazhi ----------branch of Tharavad .--------------
consists of a group of descendants in female line of a
female common ancestress who is a member of a
tharavad----------------. Thus it is a unit of tharavad
-------------having its own separate property distinct
from Tharavad properties.)

A thavazhi is a branch of Tharavad .It consists of a group of descendants in female line of a

female common ancestress who is a member of a tharavad. Thus it is a unit of tharavad having
its own separate property distinct from Tharavad properties.

The Kerala Joint Family System (Abolition) Act, 1975 abolished joint family system in Kerala

HINDU SUCESSION ACT, 1956

It deals with intestate succession of properties (movable as well as immovable) of a Hindu
male or female.

The Act contains elaborate provisions regarding the devolution of interest in coparcenary
property .A deceased coparcener of a joint family may have interest in the coparcener property
as well as over self acquired property.

Section 6 deals with the devolution of undivided interest of a male member of Mitakshi
coparcenery. (Doctrine of survivorship).

Section 8 to 13 deals with succession over self acquired properties of a male Hindu whether he
is a coparcener or not.

By virtue of a proviso to Section 6 ,if a Mitakshara coparcener dies inestate, leaving behind a
female relative or a male relative enumerated in class-1 of the schedule, his interest will not
devolved by survivorship but by succession as if it is his self acquired property.

The presence of any of the relatives prevents his interest devolving by survivorship to the other
coparceners.

Doctrine of Notional Partition

It is a theoretical calculation of the share of a deceased
person just before his death.
In order to find out the interest of a deceased
coparcener---------------------- in the family property at the
time of his death----, a deemed or notional partition is
affected---------------- i.e. it is not a real partition.-------Only a
theoretical calculation----------- This interest is calculated by
answering the following question.--------------If there was a
partition, just before his death, what would have been allotted
to him as his share?----------------The interest so calculated
by notional partition shall be devolved by succession to his
legal heirs as per Succession Act.
The property of a male Hindu dying intestate shall devolve
Firstly up on the relative specified under CLASS-1(Class-1 heirs)

There are 12 heirs.They are

No Class1 heirs

1 Son ----------------------------------- S
2 Daughter ---------------------------------- D
3 Widow ----------------------------------- W

4 Mother --------------------------------------- M

5 Son of pre-deceased son --------------------------------- S-PS

6 Daughter of pre-deceased son ----------------------------------D-PS

7 Son of pre-deceased daughter ----------------------------------S-PD

8 Daughter of pre deceased daughter ---------------------------D-PD

9 Widow of a pre- deceased son ---------------------------------W-PS

10 Son of pre-deceased son of a pre-deceased son ---------- S PS PS

11

12 Daughter of a pre-deceased son of a pre-deceased son ----- PS PS

Secondly if there is no CLASS---1HEIR,there upon the relatives specified in class-2 heirs.

There are 9 entries. They are :

Entr No Class- 2 heirs Short Form

y

I 1 Father F

II 2 Sons Daughters Son S-D-S

3 Sons Daughter Daughter S-D-D

4 Brother B

5 Sister S

III 1 Daughters sons son D-S-S

2 Daughters Sons Daughter D-S-D

3 Daughters Daughters Son D-D-S

4 Daughters Daughters Daughter D-D-D

IV 1 Brothers son B-S

2 Sisters son S-S

3 Brothers Daughter B-D

4 Sisters Daughter S-D

V 1 Fathers father F-F

2 Fathers mother F-M

VI 1 Fathers widow F-W

2 Brothers Widow B-W

VII 1 Fathers brother F-B

2 Fathers sister F-S

VIII 1 Mothers Father M-F

2 Mothers mother M-M

IX 1 Mothers brother M-B

2 Mothers sister M-S

The presence of heir in ENTRY I will exclude all others .In the absence of ENTRY I heirs
ENTRY II heirs will get the property. This process will continue and the ENTRY IX heirs will
get the property only when there is no heir in other entries.

All heirs in the same Entry succeeds simultaneously and they divide the property equally.
Thirdly if there is no Class-I or Class-II heirs ,upon the AGNATES(a person is agnate of
another if the two are related by blood or adoption through males)

Lastly upon COGNATES(a person is a cognate of another if the two are related by blood or
adoption but not wholly through males)

If there is no heirs mentioned above ,property shall devolved upon the Government by
ESCHEAT(Bona Vacantia-Ownerless property).

INTESTATE SUCCESSION TO THE PROPERTY OF A FEMALE HINDU (S. 15- 16)

Rule1 Devolves firstly upon the sons and daughters (including the children of any pre
deceased son or daughter) and the husband. In the absence of a son or daughter property
inherited by her from the father or mother shall not devolve upon the husband but upon the
heirs of her father and in the absence of heirs of father upon the heirs of mother. In the absence
of any son or daughter property inherited from her husband or father-in-law, shall devolve
upon the heirs of husband. If there is any property acquired by her own toil and moil, it will go
to her husband.

RuleII In the absence of any son, daughter, or husband, property will devolve upon the
heirs of husband.

Rule--- III In the absence of any son, daughter, husband or heirs of husband, it shall devolve
upon her mother and father.

Rule -- Iv In the absence of any son, daughter, husband , heirs of husband or her mother and
father, it shall devolve upon the heirs of father and if there is no heir of father, then to heir of
mother. If there is no heir, there is provision for Escheat.

DISQUALIFICATIONS (S 2428)

MurdererA person who commits murder or abets the commission of murder shall be disqualified from

inheriting the property of the person murdered.

Re-marriage The remarriage of widows sons widow, sons sons widow and brothers widow, before
succession opens, disentitle them from inheriting.

Converts descendants - If a Hindu converts to another religion, children born to him or her after such her
conversion and such conversion and their descendants will be disqualified. It is to be noted that apostasy will
not disqualify that disqualify that person only his/her children and descendants are disqualified.

Sthridhan
The term means womens property Under Hindu Law it is used in a technical sense to denote the property
held by a female over which she is having absolute ownership and hence absolute right of alienation.
E.g. Gifts and bequest (from a (from a testament), self acquired property, property obtained in lieu of (instead
of) maintenance and any property purchased with the Sthridhan

In the case of a married woman, certain restrictions were recognized under the Hindu Law. On the basis of
such restrictions on her power of disposal, Sthridhan was sub- divided into 2.

1. Saudhayika-(she had full right of disposal even during the existence of marriage. E.g. property gifted or
bequeathto her, by her relatives)- consent of husband not necessary.

2. Non-Saudahyika- (She had no right of alienation without the consent of her husband. E.g. all types of
Sthridan except that which has been gifted or bequeath by her relatives.

MUSLIM LAW
(Law---The gift of immovable property in India is governed by The Transfer
of Property Act----------. However the provisions are not applicable to
Muslims.

What is hiba? ----Hiba is the immediate and unqualified transfer of the

property without any return.---

Donor----- Donor-> Person with a sound mind and a major.

Donee Any person (Hindu, Muslim, Christian, minor etc).------------

Donnee must be in-existence at the time of making the gift.---------------- A
gift to unborn is void.----------------- In the case of gift to minor or lunatic, the
possession of the property must be handed over to the legal
guardian.--------

Consent-----Free Consent Without coercion, undue influence,

fraud, misrepresentation, mistake etc.

Subject matter------Can be made of immovable or movable, corporeal or

incorporeal except spes successions (a mere chance of an heir apparent to
succeed).

How is made---Can be made orally or in writing------ clear declaration of

gift by the donor showing the intention-------- Gift should be accepted by
the donee or any other person on his behalf---------- A valid gift can be
made of Musha(undivided share)---- owner and donee together can
possess and enjoy the property jointly------

Conditions--conditional gift is void----- donor can make a valid gift of a

property to two or more donees at the same time------ a gift is revocable at
the mere will of the donor , at any time before the actual delivery of
possession.-

Types

hiba-bil-iwas -Gift with exchange (hiba-bil-iwas)-Gift can be given for a

consideration(iwas)----- After delivery of iwas(consideration) the gift cannot
be revoked-------

Areeat -----When a Muslim grants license to another person to take the

usufructs without consideration, the transactition is called Areeat.----
Sadaqah ---when gift is given with the object of acquiring religious or
spiritual benefit , it is called Sadaqah,This is irrevocable.)

II.VASIYAT(WILL)
(Will is the declaration of the intention of the testator to
be carried into effect after his death -------------.
Persons ------The person who executes the will is called
MUSI(testator)--------------the person to whom the property
is given is called Musilliah(legatee) ----------------- the
subject matter is called Musieveh(legacy).
Who can make will-------Under Muslim law, both males
and females can execute will.------------- A testator must be
a major with a sound mind.---------------------- The age of
majority is 18 years as per the Indian Majority Act 1875
How can be made?--------------- It can be either made orally
or in writing .------------------No particular format is
prescribed.
What can be made?------ Movables or immovable,
corporeal or incorporeal property can be
transferred.------------
Conditions-----1.The subject matter must be in existence
at the time of death of the testator.2.cannot dispose by
will more than one third of what remains after payment
of funeral expenses and debt-------- 3.If the will is
executed in favour of one of the heirs, consent of other
heirs necessary to make the will valid------------4.A will
made to a person who is not in existence at the time of
testators death is void. and the legacy will lapse and it
will form part of the estate of the testator.
 Hiba Marz-Ul Mau(Death bed gift)
(Death bed gift ----------- A Muslim can make a valid gift of
his movable or immovable property when he is in death
bed ----------1.Donor suffering from a disease and
apprehends his death.-------2. Donor must make an clear
declaration stating his intention.-----------3. Possession
must be delivered and must be accepted by the
donee.---------------4. Cannot make gift in excess of the one
third.--------5. If given on behalf of one of the heirs,
consent of others necessary to make the transfer valid.)

Difference between :

No Donatia Mortis Hiba-Marz-UL-

Causa Maut
(Death-bed gift)

1 Law Governed by the provisions of Governed by Khuranic

Indian Succession Act principles.
1925
2 What? Only movables can be given Both movables and
immovables can be
given

3 conditions One third rule, subsequent One third rule and

consent of heirs etc not consent rule is applicable
applicable

4 If the donor recovers the gift Gift is valid even if the

fails donor subsequently
recovers from illness.
Wakf & Mutawalli (Administrator)
(Wakf?----------------Muslim -----major --------of sound mind
--------------permanently dedicates any property for religious or
charitable, the transaction is called Wakf-------- Property vested in
God perpetually and irrevocably. ------It can be made orally or in
writing.--------The deed is called Wakf-nama------------------ and
the person who dedicates is called Wakif.-------------------
Bequeathable third rule is applicable if the Wakf is created
through a will------- Doctrine of Cypres(as near as possible) is
applicable------------ and hence if the object fails property can be
used for some purpose as near as possible to the object so
failed---- Public Wakf----------- intended for the benefit of
public------ Private Wakf ---------Wakf-alal-aulad- intended for the
benefit for the of the family members of the descendants of the
Wakf . )

Mutawalli Duties Powers and

Liabilities
(The manager of the wakf property is called the mutawalli. ---------- the Kerala
Wakf Rules, 1996 were made.----------- Mutawalli Duties Powers and
Liabilities---- appointed by the Wakif either orally or in writing---- males and
females can hold the office---- Non Muslim can also be appointed----- religious
activity cannot be performed by a female or a non Muslim. not the owner of the
property but only a manager------- not the owner------- only a manager------------ If
Wakif fails to appoint, Wakf board appoints------- functions, powers and duties are
usually specified in the Wakf-nama (Wakf Deed)---------------- Apply for
registration------Change of the management must be made known to the board by
the incoming Mutawalli.--------Budget to be prepared and submitted before the
Wakf Board.----------Shall keep regular accounts. Of income and
expenditure--------------Furnish accounts to the Board--------Carryout the directions
of the Board.------------Supply information required by the Board.--------Allow
inspection of properties, records etc.----------------Discharge public
dues.-----------------Transfer Wakf property only with the prior consent of the
board.----------------Purchase immovable property on behalf of the Wakf only with
the prior sanction of the Board.------------Shall not execute a lease exceeding 3
years.-------Shall not lend or borrow money for the Wakf without the concent of
board.-----------Shall not spend money out of Wakf funds for meeting any cost of
cost of or expenses incurred by him ---------------------Shall pay the specified
percentage of annual income as contribution to the board---------The Act prescribes
punishment for any failure --------First class Judicial magistrate can try the
offence.)

Mutawalli--- Removal - grounds

(Convicted more than once for failure to apply for registration,
furnish statements allow inspections, carryout
directions,------------------Convicted for criminal breach of
trust.-------------------------Mental/physical defect or
infirmity.-------------Insolvency.----------------Drug addiction or liquor
addiction----------------------Employed as a paid legal practitioner on
behalf of the Wakf.----------------Mis appropriation of funds.----------
Failure to maintain regular accounts for 2 consecutive
years.-----------------Disobeying orders made by Central or State
govt. or Board. ----------An appeal lies to the Wakf Tribunal
constituted under this Act. )

Authorities under the Wakf Act.

(1.Wakf BoardIn each State.----------------2.Wakf
TribunalIn each State.-----------3.Central Wakf
CouncilConstituted by the Central
Govt.-------------)
(1.Wakf Board-----In every state, State govt shall
establish Wakf Board.-------- It is a body
corporate having perpetual sucession and
common seal.----------- It can acquire, hold and
transfer property in its own name. ---------------It
can sue and be sued in its own
name.------------------ The members are appointed
by the govt. and there shall be a
chairman.---------------- The disqualifications of the
members include the following:-------------Not a
Muslim--------------Less than 21 years of
age------------------Unsound mind-----------------
Insolvency----------------Convicted for
corruption---------------The members include
Muslim M.L.As, Mutawallis, M.Ps . Muslim
members of Bar Council , Scholars in Islamic
Theology etc.)

Functions and powers of the Wakf

Board
(General superintendence of all Wakf in the
state.------Ensure that the income from the Wakf
is property utilized.-------------Maintain a record
regarding the income and beneficiaries of every
Wakf.---------------Give directions for the proper
administration of Wakf.-------------Settle schemes
of management for a Wakf.--------------Direct the
proper utilization of surplus funds of a
Wakf.--------------Scrutinize and approve
budgets.--------------Appoint and remove
mutawallis---------------Takes steps to recover lost
properties of the Wakf.---------------Institute and
defend suits relating to Wakf.-----------------
Authorise the transfer of Wakf property.---------
Inspect Wakf property, accounts, records
etc.------------Call for returns , accounts and other
information---------------Can borrow money and
repay money with consent of State Govt.)
2. Wakf Tribunal
Constituted by the State govt.------------- for the
determination of any dispute, questions or
matters relating to a Wakf or Wakf property.
-------------------It consists of one person having the
rank not below that of District Judge.------------ It is
having the powers of a civil court under C.P.C.
3. Central Wakf Council
Constituted by the Central govt. for advising on
matters concerning the working of Wakf Board
and administration of Wakf.----------It consists of
the Union Ministers in charge of Wakf as ex.
Officio chairman ----------------------------3 persons to
represent Muslim organization, having all Indian
character , -----------3 Muslim M.P.s -----------3 Wakf
board chairmen, by rotation , ----------------2 Muslim
Supreme court/High court judges ------------.1
Muslim advocate,------------------ one person to
represent Mutawallis. -----------3 Muslim scholars
 Note: 1st organ Executive Power State Wakf
Board ---------- 2nd organ Judicial Power State
Wakf Tribunal -------------3rd organ Advisory
Power central Wakf council

Muslim Religious institutions

(Mosque > a place where all Muslims are entitled to go
and perform their devotions --------------------It can be a
public mosque (any sect can offer prayers) or private
mosque( for offering prayers by the owners and members
of his family).-----------

2. Quaibristan (graveyard) > a Muslim dedicate his

property in Wakf for a graveyard. ---------- public one
(open for the burial of any Muslim) or private one (for the
burial of family members.)

3. DargahA shrine of a Muslim saint---------place of

religious prayers ------------.It is managed by Mujawar
------------- read fatwa to the devotees.

4. Takia, khangah& Sajjadanashin>The word Takia

means the resting place of a Muslim saint near a
graveyard. ----------is place where the saint imparts
religious instructions to the
devotees.------------------ When more persons are
attracted the humble Takia grows into a khangah.
------------It is a Muslim monastery and the religion head is
called Sajjadanashin who is not only a manager but also
a spiritual head.
5. ImambaraA separate place in a private house
----------------religious prayers and ceremonies are
performed by the members of house.----------- It is
generally maintained by Shia Muslims.)

RIGHT OF PRE-EMPTION (Shufaa)

(Muslim law recognizes a right of pre-emption.---------- It is a
preferential right of the owner of immovable property to become
the purchaser of another immovable property which is sold to
another person.

The Sunni law recognizes such rights in the case of the following 3
categories of persons:------------1.Co-sharer of immovable
property(Shafi-Sharik)----------2.Servient owner and dominant
owner (easement) provided both are Muslims (shafi-i-khalit).------
3.Owners of adjoining immovable property when both are Muslims
(shafi-i-jar).

Shia law recognizes only co-owners right. E.G A and B sells to

C. are Sunni Muslims and are co-owners of certain immovable
property A instead of selling his share to B,sells. After the
completion of sale, B can compel C to sell the property to
him.This right of B is called Right of Pre-emption.

Procedure to be followed

1. After the completion of sale, the pre-emptor

has to make his first demand without any
delay; delay defeats the right.

2. The formal demand is to be made in the

presence of at least 2 witnesses and the pre-
emptor must be ready and willing to pay the
price.

3. If the buyer does not voluntarily agrees to

transfer the property even after the demands,
the pre-emptor has to file a suit to enforce his
rights- within 1 year from the date of taking
possession by the purchaser.

The principle of demand (talab), must be strictly followed while

exercising the right of pre-emption i.e., the first and formal
demand must be made)
Law of inheritance
When a male/female Muslim dies intestate, before distributing the estate
among the heirs, the estate is to be first applied in the payment of funeral
expenses, death-bed charges, expenses for obtaining succession
certificate, wages due to the domestic servants,debts of the deceased etc

The residue is to be distributed among the heirs if Sunni, in

accordance with the Sunni law of inheritance (khanafi law)(Indian Muslims
are presumed to be Sunnis) .For the purpose of succession the Sunni law
classifies heirs into 3 categories

1. Khuranic heirs or sharers12 Khuranic heirs

each sharer is entitled to a specific share.

2. Residuaries

3. Distant kindred or distant relatives.

However certain categories are disqualified from inheritance.

(a) A murderer is disqualified a person who

has caused the death intentionally or by
mistake, negligence or accident is disqualified
under Sunni Law. But under Shia Law,
disqualified only if the death was caused
intentionally.

(b)Under Sunni Law, illegitimate child is

disqualified from inheriting fathers property
but can inherit from the property of mother
and the relatives of the mother.

(c) Marriage under Special Marriage Act 1954. If a

Muslim marries under the Special Marriage Act,
he ceases to be a Muslim for the purpose of
inheritance. The provisions of Indian
Succession Act, 1925 applies in such cases.

(d) A child in the womb of his mother is

competent to inherit, provided it is born alive. But if it is not
born alive the share already vested gets divested.
Khuranic heir
Father- If the deceased leaves behind a child or child of a son, the father of
the deceased gets 1/6 of what remains after the payment of the funeral
expenses, debts etc. if no such a child, the father remains as a residuary.

2. Fathers father- (True Grandfather) - his share is 1/6 , he gets only if

there is a child r or a child of a son of the deceased and no father
when there is no child or sons child and father, the true and father
inherits as a residuary (the presence of father excludes fathers father

3. Husband- if a female dies, husband is entitled to if there is a child or

child of a son of the deceased if no such a child , he gets .

4.Wife-gets 1/8 When there is child or child of the son of the deceased .If
more than one wife they equally share it .If there is no child or sons child
wifes share become and if more than one wife they share it equally.

5. Mother-If there is child or sons child or two or more brothers or

sisters or one brother and one sister (Uterine or consanguine) of the
deceased, mother entitle to 1/6. If there is no person listed above the share
will increase to 1/3.

6. True Grandmother1/6 and if more than one grandmother they equally

inherit.

7. Daughter When there is no son, daughter gets1/2, if there is son, she

becomes a residuary. If there is more than one daughter, they collectively
inherit 2/3.

8. Sons daughter1/2.The following relatives completely excludes the

sons daughter son or two or more daughters or sons or 2 or more higher
sons daughter.

9. Uterine brother1/6 if there is no child, child of son, father, or true grand

father. When there is more than one uterine brother, they collectively
inherit 1/3.

10. Uterine sister1/6 If there is no child, child of son, father, or true

grand father. When there are more than one uterine brother, they
collectively inherit 1/3.

11. Full sister1/2 when there is no child, child of son, father, or true
grand father or full brother. If more than one full sister they collectively
inherit 2/3.The presence of full brother makes her a residuary and take
of what that brother takes.
 12. Consanguine sister1/2 when there is no child, child of son, father, or
true grand father or full brother If more than one consanguine sister they
collectively inherit 2/3.

Doctrine of Increase (Doctrine of Aul)

The doctrine can be illustrated as follows

A Muslim lady dies living behind father, husband and 2 daughters. She had
a bank balance of Rs 60, 000

1. Father 1/6 of 60000 10,000

2. Husband 1/6 of 60000 15,000

3. Daughter 1/6 of 60000 40,000

The total amount comes to 65,000 i.e. Rs 5000 is excess of the amount. In
such cases the share of each sharer is to be
proportionately reduced.

The name of the doctrine is a misnomer. Because in fact the share is not
increased but decreased.