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LLB - Hindu LAW - Concise Notes Lesson 1

Krishan Singh
02/11/2018 0 0

HINDU LAW

Persons who are not MUSLIMS / CHRISTIANS / PARSIS or JEWS by religion

As laid down in SMRITIS or Commentaries it not at all necessary that person shall be completely HINDUANIZED, only partial Hinduanization is right to declare that person as HINDU.

Eg. Adi Dravirans, Chamars, Non-Aryan Dravidians, Bhurrayahs Jats, Radbansis, Kurmis, Mahtos, Santhal, Thattuas, Exhaust etc. having the customary law as related to Hindus are held to be HINDU’s.

Though Khoja has, Kutchi Memons, Bohras, Mopals, Halai Memon are Muslims subject to SHARIAT ACT 1937 but in the sense of succession and inheritance are governed by HINDU LAW.

Hindu LAW clarifies this point further that person who is not Parsi, Muslim, Jew, Christian are not governed by Hindu law unless they prove that HINDU Law doesn’t apply to them.

Scheduled tribes

Unless GOVT by Off. Not. In G HINDU LAW doesn’t apply to Scheduled tribes (AS IN ARTICLE 266 clause 25). If before codification such ST is covered u/ HL than it still would be governed by HL but UNCODIFIED one.

 

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