Hindu Law

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Book Title: Hindu Law Author: Chandrashekhar Shukla Publisher: Chandrashekhar Shukla Overview:

This book, "Hindu Law" by Chandrashekhar Shukla, presents a comprehensive and thoroughly researched exposition of Hindu Law, updated with recent case law, amendments, and relevant interpretations. The author states that this second edition is significantly expanded from the first, incorporating all relevant legal precedents and new legislation. Despite increased costs in paper, printing, and binding, the price has not been raised.

Definition and Scope of Hindu Law:

The term "Hindu Law" is explained as a combination of "Hindu" and "Law." It refers to the social and legal customs and injunctions prescribed by ancient Hindu scholars that have been accepted and implemented by the British government for settling Hindu social disputes in courts. The book also acknowledges the existence of other government laws related to Hindu Law, which are discussed within the text.

Target Audience and Usefulness:

The author emphasizes the law's utility not only for individuals but also for religious leaders and institutions. This includes saints, ascetics, mahants, heads of religious seats (Gaddidhar), administrators of monasteries or temples, Shivaitas, pujaris, and founders of public benefit organizations. The book aims to protect individuals from legal losses and significant troubles by providing knowledge of their rights.

Key Areas Covered by Hindu Law (as highlighted in the Preface):

The book promises to provide comprehensive knowledge on various aspects of Hindu Law, including:

• Family and Property Rights: Rights of men, women, boys, and unborn children in ancestral and separate property within joint or divided families.
• Inheritance and Succession: Rules of inheritance, who inherits, when, and after whom, along with different types of property.
• Marriage: Appropriate age for marriage, marriage customs, rights and obligations of husbands and wives, divorce, and widow remarriage.
• Adoption: The law of adoption, who can adopt, who can be adopted, required religious ceremonies, and the rights of adopted children.
• Guardianship and Minority: Rights of minors and legal guardians.
• Maintenance: Rights and entitlements of divorced women and their children.
• Fraudulent Transactions: Laws pertaining to sham or fraudulent transactions.
• Stridhan (Women's Property): Types of women's property, their rights, and when they gain full ownership.
• Gifts and Wills: Legal rules governing donations and testaments.
• Religious and Charitable Endowments: Comprehensive laws concerning property dedicated to temples, schools, rest houses, and religious seats, including the rights and responsibilities of trustees, etc.

The author notes that a significant portion of court cases, nearly half, and a substantial part of domestic disputes among Hindus, are related to these legal matters.

Author's Motivation and Experience:

The author, Chandrashekhar Shukla, was motivated to write this book by his observation during his legal career that a lack of knowledge of Hindu Law was causing significant harm to Hindu society. Many Hindus were losing their rights and becoming destitute due to ignorance, while undeserving individuals were prospering. His extensive experience, particularly his involvement in a 11-year legal case in Bombay related to the adoption of the owner of Shri Venkatesh Press, Bombay, provided him with ample material and the impetus to compile this work in Hindi. He acknowledges the valuable resources from the Bombay High Court library and the assistance of legal scholars. He also points out perceived inaccuracies in some English texts on Hindu Law.

Key Legal Developments Mentioned:

The author highlights the significant impact of several Acts on Hindu Law, including:

• Act No. 12 of 1928 (Hindu Inheritance Removal of Disability Act): This Act brought significant changes to Mitakshara law, particularly in succession, recognizing new heirs like a son's daughter, daughter's daughter, sister, and sister's son.
• Act No. 2 of 1926 (Succession Amendment Act): This Act also influenced succession laws.
• Act No. 16 of 1929 (Child Marriage Restraint Act): This Act, which prohibits child marriage, was incorporated with detailed commentary and relevant precedents.

Sources and Foundations:

The book is based on a wide array of Sanskrit texts, including various Smritis, Puranas, commentaries on Manusmriti, and digests of law, amounting to a substantial list of sixty Sanskrit works. It also draws heavily from government-enacted laws and regulations, with a special asterisk (*) indicating laws that are presented in their entirety.

Structure and Content:

The book is meticulously organized into chapters (Prakaran) and sections (Dafa), covering topics such as:

• Schools of Hindu Law: Description, origin, courts' relation, expansion, and customs (Dafas 1-37).
• Marriage: Types of marriage, matrimonial relations, child marriage prohibition, and widow remarriage (Dafas 38-80).
• Son and Sonship: Degrees of sons, opinions of scholars, and illegitimate sons (Dafas 81-100).
• Adoption: Rules for adoption, who can adopt, who can be adopted, required ceremonies, and related legal matters (Dafas 101-184).
• Minority and Guardianship: Laws relating to minority, guardianship, and related acts like the Guardian and Wards Act (Dafas 322-383).
• Joint Family: Concepts of joint family, coparceners, property rights, partition, and the differences between Mitakshara and Dayabhaga schools (Dafas 384-475).
• Debts: Ancestral debts, liabilities of children, transfer, extinguishment, and father's rights (Dafas 476-502).
• Partition: Rules of partition, women's rights, determination of shares, and related legal aspects (Dafas 503-557).
• Inheritance and Succession: General rules, succession among males, coparceners, order of succession, inheritance of women, excluded heirs, and amendments (Dafas 559-721).
• Maintenance: Rules for maintenance, rights of disqualified heirs, limitations, etc. (Dafas 722-751).
• Stridhan (Women's Property): Types, inheritance, rights, and issues of full ownership (Dafas 752-776).
• Benami Transactions (Fraudulent Matters): Laws related to benami transactions (Dafas 774-776).
• Damdupat Law: Rules concerning double the principal amount (Dafas 780-788).
• Gifts and Wills: Rights, duties, legal aspects, transfer, cancellation, probate, etc. (Dafas 789-816).
• Religious and Charitable Endowments: Rules regarding religious trusts, duties and rights of saints, mahants, pujaris, etc., and related legal matters (Dafas 817-864).

Use of Legal Citations:

The book extensively uses abbreviations for legal reports and citations (e.g., A. for Indian Law Reports Allahabad Series, Bom. for Indian Law Reports Bombay Series, Cal. for Indian Law Reports Calcutta Series) to reference case law and legal authorities, indicating a rigorous approach to legal scholarship.

Overall Impression:

The book aims to be a definitive guide to Hindu Law for the Indian subcontinent, particularly for those familiar with Hindi. It is a testament to the author's dedication to providing accessible and comprehensive legal knowledge based on both ancient scriptures and modern legislation. The author's personal experience and the detailed references suggest a commitment to accuracy and practical utility for the reader.