Hindu Law: Principally with Reference to Such Portions of it as Concern the Administration of Justice, in the King's Courts, in India, Band 2

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Parbury, Allen, 1830
 

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Seite 247 - ... and the rest, who present oblations which the deceased was bound to offer In default of these, the heritage" goes to the son of the owner's maternal aunt Or, failing him, it passes successively to the son and grandson of the maternal uncle.
Seite 336 - On the two first points, then, as stated by you, the law is undoubtedly as you have viewed it. On the third point, I take the law to be, that the consent of the sharers, express or implied, is indispensable to a valid alienation of joint property, beyond the share of the actual alienor ; and that an unauthorized alienation by one of the sharers is invalid, beyond the alienor's share, as against the alienee.
Seite 423 - ... law, as was remarked by Sir William Jones) must nevertheless be held valid in the case of a Hindu; being in fact a gift made in contemplation of death, which the Hindu law, if it do not directly sanction, contains at least nothing to prohibit. Considering it then as a gift to take effect at a future time, determinable by a certain event, (decease of the giver,) I apprehend it must be governed and controlled by the general rules regarding gift.
Seite 244 - Father and Mother, the Brothers meet and equally divide the paternal inheritance ; while the parents live, they are not masters of it.
Seite 77 - Hindoo cannot have legally adopted children, a son, legitimate or adopted existing ; any subsequent adoption would be invalid ; at least the soa so adopted would not inherit, Sutherland's Synopgis of Hindoo Law of Adoption, p.
Seite 384 - Had the division been doubtful," he said, " then certainly the joint performance of the ceremonies would be a conclusion against it ; a conclusion merely, however ; or, as it has been appositely called in another case, ' a token ' (adyuharana, I suppose, in the original) not a proof." For, one of the ceremonies here alluded to is " the annual ceremony for a father...
Seite 428 - In short, if there be no sons, or male descendants, and the property be not shared by a co-heir, the whole of his possessions, being his separate and distinct property, may be disposed of by will, as he pleases.
Seite 356 - I have no doubt but it applies, and that similar official perquisites, though certainly heritable, are not divisible, nor ought they to descend by primogeniture. The most capable of the direct, or, in their default, of the collateral descendants of the first grantee, should be selected for the performance of the duties of the office, who should enjoy the whole perquisites.
Seite 93 - In practice, the adoption of a sister's son by persons of all castes is not uncommon ; the authority above quoted, resting as it does on a single text, and that not pointedly prohibitory, cannot be considered sufficient to vitiate such adoptions.
Seite 429 - Hindoos, disposing of the ancestral as well as acquired property, according to the testator's pleasure, have been allowed by the Supreme Court. It appears to me an inconsistency, that a man may do that by gift or will which he may not do by a formal partition ; and the Hindu legislators might have saved themselves the trouble of providing rules to regulate a father's distribution, if the whole may be evaded by the easy expedient of calling the distribution a gift, instead of a partition.

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