A Treatise on Hindu Law and Usage

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Higginbotham & Company, 1883 - 682 páginas
 

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Página 548 - So much of any law or usage now in force within the territories subject to the government of the East India Company as inflicts on any person forfeiture of rights or ' property, or may be held in any way to impair or affect any right of inheritance, by reason of his or her renouncing, or having been excluded from the communion of any religion, or being deprived of caste, shall cease to be enforced as law in the courts of the East India Company, and in the courts established by Royal charter within...
Página 216 - and they who are yet unbegotten, and they " who are still in the womb, require the " means of support ; no gift or sale should
Página 297 - ... indispensable acts of duty, and for purposes prescribed by texts of law, as gifts through affection, support of the family, relief from distress, and so forth...
Página 273 - the son to pay it, the discharge of it, even though it affected ancestral estate, would still be an act of pious duty in the son. By the Hindu law the freedom of the son from the obligation to discharge the father's debt has respect to the nature of the debt and not to the nature of the estate, whether ancestral or acquired by the creator of the debt.
Página 55 - I am not aware that any attempt has hitherto been made to harmonise, or to account for, these apparent inconsistencies.
Página 310 - Even a single individual may conclude a donation, mortgage or sale of immovable property, during a season of distress, for the sake of the family and especially for pious...
Página 43 - What the law requires before an alleged custom can receive the recognition of the Court, and so acquire legal force, is satisfactory proof of usage, so long and invariably acted upon in practice, as to show that it has, by common consent, been submitted to as the established governing rule of the particular family, class, or district or country ; and the course of practice upon which the (i) Austin, i., 148, ii., 229.
Página 306 - who are born, and they who are yet unbegotten, and they who are " still in the womb, require the means of support ; no gift or sale
Página 510 - All rights and interests which any widow may have in her deceased husband's property by way of maintenance, or by inheritance to her husband or to his lineal successors or by virtue of any will or testamentary disposition conferring upon her, without express permission to remarry, only a limited interest in such property, with no power of alienating the same, shall, upon her remarriage, cease and determine as if she had then died; and the next heirs or her deceased husband, or other persons entitled...
Página 464 - As a Son., so does the Daughter of a man proceed from his several limbs ; how, then, should any other person take her Father s wealth ?

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