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An Introduction to Hindu and Mohammedan Law; For the Use of Students

An Introduction to Hindu and Mohammedan Law; For the Use of Students


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906. Excerpt: ... CHAPTER II THE LAW OF SUCCESSION TO PKOPERTY: TESTAMENTARY SUCCESSION At first sight there appears to be the strongest possible contrast between the origin of the Mahommedan law and that of the Hindu law as regards succession to property. The Hindu law of succession begins, as one may say, nowhere. Its origin is lost in obscurity, and it has been gradually developed by the modification of the joint family, from which it is not as yet completely separated. The Mahommedan law seems to begin with a few dry precepts in the Koran, not very unlike those which might be found in an Act of Parliament.1 Yet even in the Mahommedan law we find traces of an earlier stage which bears a strong resemblance to the more primitive forms of succession which we meet with nearly everywhere, both in Europe and in India. This I shall examine presently. Under the Mahommedan law the power of a man to dispose of his property by will is and always has been recognized, but this power is not unlimited.2 One limitation is that whatever a Mahommedan disposes of by will must be given to a stranger. A bequest to an heir is void. A second limitation is that the portion of the property disposed of by will must not exceed one-third of the whole estate, after paying the debts and funeral expenses. The rule that a man cannot make a bequest to his heir is peculiar to the Mahommedan law. The other rule, restricting the power of disposition to a portion of his property, is a very usual one. We find a similar restriction in the Roman law, the French law, and the law of most continental countries in Europe. It is, in fact, the general rule that the heirs may claim their pars legitima. The rule in England that a man may totally disinherit his own relations is peculiar. 1 Sacred Books of the East, o.v..


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Product Details
  • ISBN-13: 9781150333613
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 48
  • Spine Width: 3 mm
  • Width: 189 mm
  • ISBN-10: 1150333618
  • Publisher Date: 06 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 104 gr


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