Hindu Succession The Hindu law on Succession was very complicated to begin, with.

Different parts of the country subscribed to the views held out by different schools of Hindu Law. For example while the Dayabagha law prevailed in Assam and West Bengal, the Aliyasanthana law pervailed in Kerala. The rest of the country more or less subscribed to the views of the Mitakshara school. With different parts of the country subscribing to the views of different schools of Hindu Law the situation was rather fluid and the administration of law of Hindu Succession was rather uncertain. In this background, the Legislature or the law makers of the country thought it fit to codify the law relating to Succession among Hindus which culminated in the passing of Hindu Succession Act in 1956. It is important to remember that the Hindu Succession Act deals only with intestate succession which means succession to the property of an Hindu male or female who has not made a Will. If a Hindu male or female has in fact made a Will, the provisions of the Indian Succession Act, 1925 take over. It therefore follows that if a Hindu male or female has made a Will but has not dealt with his/her entire property in the Will, the property not so dealt will be subjected to the provisions of Hindu Succession Act with the Indian Succession Act governing the properties taken care of in the Will. The main intention of the Legislature or the law makers of our country in passing the Act was of two fold :a. to bring about uniformity in Hindu intestate succession all over the country b. to bring about parity between males and females in regard to he right to property in intestate succession. With the passing of the Hindu Succession Act, 1956, the law of Hindu succession is governed by the provisions of the Act and not by the dictates of different schools of Hindu law.

Muslim Succession
Muslim Law is founded upon Al-Quoran which is believed by Muslims to have existed from eternity. The Quoran is effectively the relevations of God which were made to Prophet Mohamad at different times. The Quoran besides being the holy book for Muslims, also contains references to law which forms the basis of Sharaa. However, Quoran is not a legal text as such and wherever the Quoran is silent on aspects of law recourse is taken to the Sunnat and the Hadis which are respectively the acts and approvals of the Prophet and his sayings respectively. Muslim Law is therefore a combination of relevations from God i.e., the Quoran as also the sayings and actions of the Prophet in the form of the Hadis and the Sunnat.

Muslims can be broadly divided into three sects :1. The followers of the Sunni School which would include the Hanifis, Malikis, Shafis and Ambalis. 2. The Shias which include within their fold the Ismailyas, Zaidyas and Imamias. The Ismailyas in turn include Khojas and Bohras. The Imamias include Akhabari and Usuli. 3. Motazila The Muslim Law of Succession varies from sect to sect.

Adoptions-Hindus

The ancient Hindu law of adoption was mainly based on the religious belief that a son was absolutely essential not so much for the material welfare of man as for his spiritual salvation. However, with the passing of the Hindu Adoptions and Maintenance Act, 1956, the law of adoption applicable to Hindus has undergone a radical change. Under the present law, the religious motive underlying adoption is completely superseded. Unlike the ancient Hindu law, the Act now allows not only an adult person, married or unmarried, to adopt a child (a boy or a girl), and also allows an adult woman (unmarried, widowed or divorcee) a right to adopt a child to herself. The broad areas where the Act has changed the customary law of adoption are in the matters of

the capacity to adopt; the capacity to be adopted the capacity to give in adoption, and the effect of adoption.

Intercountry Adoption
If it is not possible to find suitable adoptive parents for the child within India, the child may be given in adoption to parents outside India. This is known as inter-country adoption. The guide lines for inter country adoption has been laid down by the Supreme Court of India.

Wills
A Will or a Wasiat', as it is normally referred to in the Indian sub-continent is a legal declaration made in writing by a person which clearly sets out the manner in which s/he would like his or her property (movable and immovable), where ever situated, to be distributed after his death. The Maker of the Will is called the Testator in law. A Will is therefore, a document which comes into effect the moment the Maker dies. A Will lies dormant so long as its Maker is alive. A Will can be altered as many times as the Maker wants.

Transfer of Property

Transfer of property between two living persons in India is mainly governed by the Transfer of Property Act 1882. The Act refers to certain kinds of transfer of property, such as sale of property, lease or renting of property, mortgage of property, gifting property and exchange of property. Apart from these, there are certain other transactions which resemble transfer of property, though they do not actually amount to a transfer, such as partition, availing paying guest accommodation, creation of a charge etc. Also closely connected with transfer of property are the concepts of registration and payment of stamp duty and drafting of deeds' . Property transactions generally involve huge amounts of money and so, it is advisable to know the relevant laws and procedures and take proper precautions. If you are not sure about where you stand, don't hesitate to ask us or consult a lawyer.

Sale/Purchase of property

Sale is an absolute transfer of ownership with all rights in the property, for a price. Once the sale is completed, you get all rights of ownership, possession etc. over the property. The seller cannot claim any rights over your property after the sale. Procedure :Every sale of property above the value of Rs.100/- (i.e. practically every sale) has to be in writing and compulsorily registered. The registration takes place in the office of the Registrar within whose jurisdiction [the area over which the Registrar exercises his/her authority] the property is situated. Procedure : Stamp duty has to be paid depending on the value of the property [Each state has a law which prescribes the value of the stamp paper required for a particular deal/transaction. The state government fixes the market value of properties in different areas depending on the location and, demand etc. Stamp duty cannot be calculated for a value lesser than this fixed value]. The sale is complete upon registration.

Seller's Questions
As a seller, you have to ensure that you get the price of the property, and you transfer the property completely to the buyer, without giving any opportunity for him to drag you to the court later.

Your rights and obligations have been listed in the Transfer of Property Act, but the buyer and you are free to determine between yourselves your rights and obligations.

Buyer's Questions

As a buyer of property, you should ensure that you get complete rights over the property. For this, you should verify whether your seller has complete rights in the first place, because he cannot sell you something that he does not have. You should be aware of your rights and the safeguards that you should take, in order to avoid legal complications in future. Your rights and obligations have been listed in the Transfer of Property Act, but the seller and you are free to determine between yourselves your rights and obligations.

Mortgage

A mortgage is a transfer of an interest in immovable property as security for a loan. There are different kinds of mortgages some of these are listed in the Transfer of Property Act and some have evolved over practice. Procedure : Most, but not all, kinds of mortgage require a written instrument and registration. Once a mortgage is created, it flows along with the property, even if you sell or gift the property to anyone else.

A gift is a voluntary transfer of your property to another person without payment of any price, out of natural love and affection. Procedure : A gift should be accepted by the person to whom it is made.

Renting/Lease

Renting a property involves transfer of the right to possess and enjoy the property, in return for a monetary consideration and for a certain period. Legally, this is called a lease'. A lease does not come to an end with the death of any one of the parties, but passes on to the legal heirs of the deceased party if payment of rent is continued.

How Do I Rent/Lease

Before entering into property transactions, you should know the procedure and precautions by which you can safeguard your rights.

Rights And Duties Of Landlords & Tenants

The rights and duties of landlords and tenants are laid out in a general manner in the Transfer of Property Act. But you are free to fix the terms of the tenancy in an agreement between you and the other party. If your state has a rent control law, these rights and duties may be changed or increased by that law. Hence the exact right/duty of a landlord/tenant in a particular situation can be determined by looking into all these three factors.

Rent Control Laws

In order to prevent exploitation of tenants, various states in India have passed Rent Control Acts. These Acts have substantially added to the rights and obligations of landlords and tenants. But have also given rise to a lot of litigation. These Acts seek to Control the amount charged as rent, Lay down the rights and obligations of landlords and tenants, and List out the reasons for which a landlord can ask a tenant to leave, i.e. the grounds