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    Application of Hindu Law

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    Rachit Goel
    Hindu law is a personal law that defines who is considered a Hindu and subject to Hindu law. According to codified Hindu law Acts, a Hindu includes those who practice Hinduism, Buddhism, Jainism, or Sikhism by religion, or anyone domiciled in India who is not Muslim, Christian, Parsi or Jew. Hindu law also applies to the legitimate and illegitimate children of Hindu parents, as well as children of one Hindu parent. Conversion from Hinduism is accepted but the converted person was traditionally given the lowest caste. Non-Hindu children of one Hindu parent and those who convert from Hinduism are not subject to Hindu law.

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    Application of Hindu Law

    Uploaded by

    Rachit Goel
    6K views2 pages
    Hindu law is a personal law that defines who is considered a Hindu and subject to Hindu law. According to codified Hindu law Acts, a Hindu includes those who practice Hinduism, Buddhism, Jainism, or Sikhism by religion, or anyone domiciled in India who is not Muslim, Christian, Parsi or Jew. Hindu law also applies to the legitimate and illegitimate children of Hindu parents, as well as children of one Hindu parent. Conversion from Hinduism is accepted but the converted person was traditionally given the lowest caste. Non-Hindu children of one Hindu parent and those who convert from Hinduism are not subject to Hindu law.

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    Hindu law is a personal law that defines who is considered a Hindu and subject to Hindu law. According to codified Hindu law Acts, a Hindu includes those who practice Hinduism, Buddhism, Jainism, or Sikhism by religion, or anyone domiciled in India who is not Muslim, Christian, Parsi or Jew. Hindu law also applies to the legitimate and illegitimate children of Hindu parents, as well as children of one Hindu parent. Conversion from Hinduism is accepted but the converted person was traditionally given the lowest caste. Non-Hindu children of one Hindu parent and those who convert from Hinduism are not subject to Hindu law.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    6K views2 pages

    Application of Hindu Law

    Uploaded by

    Rachit Goel
    Hindu law is a personal law that defines who is considered a Hindu and subject to Hindu law. According to codified Hindu law Acts, a Hindu includes those who practice Hinduism, Buddhism, Jainism, or Sikhism by religion, or anyone domiciled in India who is not Muslim, Christian, Parsi or Jew. Hindu law also applies to the legitimate and illegitimate children of Hindu parents, as well as children of one Hindu parent. Conversion from Hinduism is accepted but the converted person was traditionally given the lowest caste. Non-Hindu children of one Hindu parent and those who convert from Hinduism are not subject to Hindu law.

    Copyright:

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    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
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    Application of Hindu Law

    Persons subject to Hindu Law-

    Shastri Yagna Purushdasji v. Muldas Bhundardas Vaishya- It is extremely difficult,


    though not impossible, to define the Hindu religion in the way the other religions are
    defined. It embraces numerous views and ways of life.

    The term ‘Hindu’ is not to be found anywhere in the Dharmashastras. It is a foreign word.
    It is derived from the word ‘Sindhu’. Sindhu is the name of a river in Indian sub-
    continent. The word ‘Sindhu’ was mis-spelled as ‘Hindu’ by the Persians. The sub-
    continent came to be known as Hindustan and its people as Hindus. Thus etymologically,
    the word ‘Hindu’ does not signify a religion; it refers to a territory or nation.

    Hindu law is a personal law. So, Hindu law should define ‘who is a Hindu’, and upon
    whom the Hindu law applies.

    A portion of Hindu law has been codified by Parliament in four Acts-

    i) The Hindu Marriage Act, 1955

    ii) The Hindu Minority and Guardianship Act, 1955

    iii) The Hindu Adoption and Maintenance Act, 1955

    iv) The Succession Act, 1956

    According to these Acts, a Hindu is a person who-

    · Is a Hindu by religion in any of its form or development

    · Is a Buddhist, Jain or Sikh by religion

    · Any person who domiciled in India, who is not a Muslim, Christian, Persi or Jew
    by religion
    · Hindus domiciled in the territories to which the Act extends

    · Followers of Hindu law

    Followers of Hindu Law-

    i) Legitimate child of Hindu parents

    ii) Illegitimate child of Hindu parents

    iii) Children of one Hindu parent

    iv) Converted- The law was that the conversion was not accepted. But later it was
    accepted but the converted person was given the lowest caste. All Hindu laws will be
    applicable upon him except the succession.

    Requirement of conversion- (i) Unequivocal conduct, (ii) Bona fide intention, (iii) No
    ceremony is required and (iv) His motive is not important (Raman Nadar v. Snehapoo).

    Persons not subject to Hindu Law-

    i) Non-Hindu child of one Hindu parent

    ii) Converts from Hindu religion

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