Table Of Contentof
Prin~j.ples.
Hind.u
Law
Personal Law of
Hindus, Buddhists,
Jains & Sikhs
~·--------~---------·
The daring publisher, Universal Law Publishing
Company, among the foremost in the law publishing
field and progressive venturing to bring out rare
i~
legal literature of avant garde character has rightly
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Justice V R Krishna Iyer.
Random.Reflections, page 14,
• •
Principles of
Hindu Law
Personal Law of
Hindus, Buddhists,
Jains & Sikhs
The Sindh Hindus Marriage Act, 2016 410A-410D
The Hindu Marrla2e Act, 2016 410E-410L
··------------~------------·
TAf!". .da~ng piibfisher, · Universal law Publishing
Company, among the foremo~t in the law pu~lishing
fleld and P.rogr~ssive in ven~rlng to bring out rare
rightly
legal iiterature of avant-garde azar~er itizs
mridred ojind:ki
the corpus juris
Justic~· V R Krishna Iy~r
Random R.ctlectiom, pag~ 14·
•
'
Principles of
Personal Law of
Hindus, Buddhist.s,
J ains & Sikhs
.The Sindh Hindus Marriage Act, 2016 410A-410D•
The Hindu Marriage Act, 2016 410E-410L
Tahir Mahmood
Edition 2017-18
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PREFACE
The personal law system has for- centuries been, and remains, a
distinctive feature of pluralist India's legal culture. The so-called 'Hindu·
law' is actually the personal law, largely reformed and codified, of four
Indian communities - Hindus, Buddhists, Jains and .Sikhs. As they have
~ogether over 80% share in India's population, their personal law·
constitutes the principal chapter of modem Iridia's family and succession
'laws. This book offers a critical study of it~ provisions in a historical,
constitutional and human rights perspective. ·
Hindu law has beeri one of my major interest areas since the beginning
of my acaqemic career. My *st elementary book on the subject
Changing Law of' the Hindu Society, a monograph l;>ased on th~
lectures I had delivered as a greenhorn at the Aligarh Muslim University,
was published in Delhi in 1968. Thirteen Y.eai:s later came out from
AU.aruibad my 750-page critical work Studies in Hindu Law. Brought out
in a second edition in 1986 and in several reprints until 1998, it was cited
m This
a number of judicial decisions.~ year I was· approached by the
publishers for its revision, but:. instead of updating that outdated book I
decided to venture a fresh work on the subject.
an
Besides elaborate Prologu~ intrOducing the subject,. this. book is
arranged into three Parts -. Matrimonial Law, Family Rights and
and
Relations,. Property and Succession Laws - each beginning with the
texts of the governing statutes and offering in the succeeding_ Chapters
my understanding and. evaluation of their provisions. Texts of other Jaws
relt:vant .to the subject .have beeu provided in three Appendices to the
book. A large number of cases have been decided in the last two decades
.by fi?.e Supreme Court of ID.dia and various High Courts covering almost
all provisions of the four Hindu-law Acts of 1955-56. In dealing with case
law the focus of the book is on the recent cases reported till January
2014; old cases have been referred to only where considered necessary.
I hope the book will be found of some use by the Bench and the Bar and
in the fraternity of law teachers, researchers and students.
Tahir Mahmood
Institute ofA dvanced Legal Studies
·Amity.University, India
CONTENTS
Preface v
Table of Statutes
Table of Cases
PROLOGUE
History, Nature and Scope of Hindu· Law
I '
I. Historical Perspective ·
' '
A Religious Groups & Personal Laws_ 2
B. Sources & Schools of Laws 4-.
. .
C. Development during Muslim Rule 6'
D. · Development ~Uring British ~ule 7
E. Salient _Features & Misconc~ptfons 10
II. Legislative Reform till Date
A First Century of Reform 12
. B. ·Reforming Acts of 1955-56 15
C. Status of Old Refonriing Acts 17
D. Application. of General Laws 18
E. Opting out of Hindu Law 19
JII. .L aw of Four Communities
A 'Hindu' Law: A Misnomer 22
B~ Hindu Community 23
C. Sikh Community 26
28
D. Buddhist Community
29
E. Jain Community
IV. Ana~ysis & Appraisal of Acts
.30
A .Scope & Extent
33
B. Overriding Effect
. .
vii
