Q: What do we mean by 'nearer in degree excludes the remorter' ?

Ans: If a heir is not a part of family tree, the nearer in degree excludes the remorter. 

 Let us suppose a deceased has daughter and son.  Both daughter and son have been expired.  The daughter has one son and son has one daughter.  The daughter of son also gets expired but the daughter of son has one son. 

The nearer will be daughter's son and not son's daughter's son even if son's son's son is a part of family tree and will not be excluded.

Comments

Post a Comment

Popular posts from this blog

Q: Write an illustration of doctrine of radd under Muslim law ?

Ans: After the division of shares, the total allotted shares are less than 1, and there is no residuary to inherit the residue, then the residue reverts back to the sharers in same proportion of their shares. The only exception to this rule is that the wife or husband is not entitled to receive the return in the presence of an heir. This is the doctrine of radd or doctrine of return. Following is an illustration for better understanding: The mother of the deceased has 1/6 share and the daughter has 1/2 share of the estate. The total is 2/3, which is less than 1. Hence the doctrine of radd will be applied. Step 1: Make a common denominator.  Here the common denominator is 6. Step 2:Decrease the denomination and make it equal to the sum of numerators. So , 1/6 + 3/6 becomes 1/4 +3/4 which is equal to 1.
Read more

Q: Difference between the right of adopted child under Hindu and Muslim law ?

Ans: Hindu law is ruled by Hindu Succession Act, 1956 while Muslim law is governed by the Muslim Shariat Law Act 1937. In Hindus there will be divisions based on the schools. These practices are observed only in the previous years. The two major schools are dayabagha and mitakshara. They followed their respective principles and laws of their own. The principles which are accepted by one group is rejected by the other. The amendment has been introduced in the parliament and it came into effect from the year 1956 and they all together are governed by the Hindu succession act 1956. In Muslims there are many branches which includes Hanafi or Shia, Sunni, Malik’s, shafi, Hannibalic. Out of those schools Sunni and Shia are considered to be the most significant schools.  The 90% of Muslims follow Sunni School. They are governed by the Muslim shariat act 1937.  ➢ The next difference is based on the codification of laws. Codification: The things are arranged in a particular or sta...
Read more