(I) Follower of Hinduism: The Hindu law applies to the person who is a follower of the Hindu religion. This includes the followers of Virashaiva, Lingayat, Brahmo, Prarthana or Arya Samaj. Apart from these it also applies to the persons who are the followers of Buddhism, Jainism or Sikhism.
In Ram Prasad v. Dahin Bibi, ( A.!. R. 1924 Pat. 420) is a good example on the point. 3) Persons who are not Muslims, Christians, Parsis or Jews: The codified Hindu law lays down that a person who is not a Muslim, Christian, Parsi or Jew is governed by Hindu law, unless it is proved that Hindu law is not applicable to such a person.
(I) Follower of Hinduism: The Hindu law applies to the person who is a follower of the Hindu religion. This includes the followers of Virashaiva, Lingayat, Brahmo, Prarthana or Arya Samaj.
According to them, a codified Hindu Law shall apply to such persons only when the Central Government is notified in the official Gazette by a notification. A question also arosed that whether such person shall be considered to be Hindu whose father in Hindu and mother is Christian?
Who is a Hindu according to Hindu law?
The codified Hindu Law lays down that a person who is not a Muslim, Parsi, Christian or Jews is governed by Hindu Law is a Hindu.
Who can be a Hindu?
Any person who is born of Hindu Parents; 3. Any person who is not a Muslim, Christian, Parsi or Jew and who is not governed by any other law. practising it or by professing it is a Hindu. An attempt to define Hindu in terms of religion was made by the Supreme Court in Shastri v.
Who are the persons to whom Hindu law apply are illegitimate children of a Hindu Also included among such persons?
Now, if both the parents of an illegitimate child are Hindus, Buddhists, Jains or Sikhs by religion, or if one of the parents of such child is a Hindu, Buddhist, Jain or Sikh by religion, and such child is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged, then the …
What is Hindu law based on?
To put it differently, Hindu law is, together with every other aspect of a Hindu’s activities, part of Hindu dharma. Hindu rules of law are to be found in the dharmaidstras, but these texts also contain a variety of other rules which have little or nothing in com- mon with law.
Who is Hindu definition in Hindu law?
The term “Hindu” has been defined in the Constitution under Article 25(2)(b) Explanation II as “Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly” and the various codified Hindu …
Is Hindu law applicable in India?
This act is only applicable for any person who is Hindu, Jain, Sikh and Buddhists and not for particularly Muslims, Christians, Parsis and Jews who are being governed by some other law. This law is only applicable for the person who is a Hindu by birth or Hindu by religion.
Who is Hindu in the eye of law?
The Hindu Marriage Act, 1955 defines who is Hindu under Section 2. It states that the act applies to any person who is Hindu by religion in any of its forms. It includes: Any person who is a Buddhist, Jaina or Sikh by religion.
What is material source of Hindu law Mcq?
Explanation: Sources of classical Hindu law arose from the religious texts of the Dharmashastra and codified by Dharmashastra writers.
Which of the following marriages are not recognized under Hindu Marriage Act 1955 Mcq?
(i) A marriage between a Hindu man who converted as Christian and a Christian lady in a Hindu form is not a valid marriage. According to section 5 of the Act marriage can be solemnised between two Hindus; M. Vijayakumari v.
It is a detailed text book on Hindu law authored by Dr. S.R. Myneni. He has explained all the Hindu Law concepts as per various enactments on the subject.
How many family laws are there in India?
There are five broad sets of family laws in India – Hindu law, which governs all Hindus as also Buddhists, Jains and Sikhs; Muslim law for the Muslims; Christian law for the Christians; Parsi law for the Parsi’s and a secular law i.e. the Special Marriage Act. The religion-based laws are derived from religious texts.
Is family law in India same for everyone?
In India, family law does not differ from state to state. Every community is governed by one single system of law. Though its members may be settled, domiciled or residing in any part of the country, they will be governed by the same law.
More Answers On Who Is A Hindu And To Whom Hindu Law Applies
Who is a Hindu? To Whom Hindu Law Is Applies – Law Corner
(I) Follower of Hinduism: The Hindu law applies to the person who is a follower of the Hindu religion. This includes the followers of Virashaiva, Lingayat, Brahmo, Prarthana or Arya Samaj. Apart from these it also applies to the persons who are the followers of Buddhism, Jainism or Sikhism.
Who is a Hindu ? Persons to whom Hindu law applies
The Hindu law is applicable to all those persons who are – Hindu by birth Offshoots of Hinduism Persons who are not Muslim, Christians, Parsi, or Jews by Religion Converts or reconverts to Hindu Harijans Aboriginal Tribes The Hindu law is not applicable to all those persons who are – Converted to Mohammedan Converted to Christians from Hindu
Who is Hindu According To Hindu law? – Nomadic Lawyer
Feb 3, 2022Hindu law is a personal law so it tells who is Hindu and to whom Hindu law applies. Origin Of Hindu The term Hindu has its origin not on the basis of the Religion Hinduism but Geography. Hindu term came from Sindhu. Sindhu term was o denote people who were settled around the Sindhu river (present-day Indus river).
What do you mean by a Hindu and to whom Hindu Law applies?
Persons to Whom Hindu Law Applies ?- Uncodified Hindu Law applies to following categories of persons- (i) Hindus by birth, and also to Hindus by conversion. (ii) Illegitimate children where both parents are Hindus. (iii) Illegitimate children where the father is a Christian and the mother a Hindu and the children are brought up as Hindus.
Who is Hindu? | What categories of person are there to whom Hindu Law …
Person to whom Hindu law applies-such person can be kept in following Categories- Those persons who are Hindu, Jain, Bhuddhist or Sikh by birth, Those persons who are Hindu, Jain, Bhuddhist or Sikh by religion Those persons who are not Muslim, Christain, Parsi or Jew. (A) Persons who are Hindu by birth-
To whom Hindu Law applies – Explained!
Hindu Law applies to the following categories of persons: (i) Hindus by birth, and also to Hindus by religion, i.e., converts to Hinduism; The Supreme Court in Pennnal v. Ponnuswami observed that a person may be a Hindu by birth or by conversion.
Hindu Law: Who is Hindu under codified Hindu Laws – The Fact Factor
When Both Parents are Hindu: Explanation (a) to section 2 (1) provides that any child legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jains or Sikhs, by religion is a Hindu and Hindu Law applies to him/her.
To Whom Hindu Law Applies: Hindu law applies to all the persons who are Hindus but there is still no precise definition of the term Hindu either in any statute or in any judicial pronouncement. However, the question as to who is a Hindu can be understood in a different way. It can be taken as to whom the Hindu law applies.
Origin of Hindu Law and Who is a Hindu – Law Times Journal
Jul 2, 2021The Hindu Marriage Act, 1955 defines who is Hindu under Section 2. It states that the act applies to any person who is Hindu by religion in any of its forms. It includes: Any person who is a Buddhist, Jaina or Sikh by religion. A Virashaiva, a Lingayat or a follower of Brahmo, Prathana or Arya Samaj.
Who are Hindus? – Lawyers Law Hub
Jun 27, 2021The persons to whom Hindu Law applies- Any person who is Hindu, Jain, Sikh or Buddhist by religion. Hindu by Birth Any Muslim, Christian, Parsi, or Jew and who is not governed by another law. Hindu by religion: Two types of persons fall under this category- Those who are originally Hindus, Jains, Sikh, Buddhist.
Who is a Hindu, according to the Indian law? – Quora
any person who is a hindu by religion in any of of its forms or developments, including a virashaiva, a lingayat or a follower of the brahmo, prarthana or arya samaj; (b) to any person who is a buddhist, jaina or sikh by religion, and (c) to any other person domiciled in the territories to which this act extends who is not a muslim, christian, …
Study Notes: Who is Hindu? and Schools of Hindu Law | Legal Wires
Sep 9, 2020According to Section 2 of the Hindu Marriage Act, 1955, it denotes all those persons who profess Hindu religion either by birth or by conversion to the Hindu faith. By referring to the Acts codified by Parliament in four acts i.e. the Hindu Succession Act 1956, the Hindu Marriage Act 1955, the Minority and Guardianship Act 1955, the Hindu Adoption and Maintenance Act 1955, the definition of …
Hindu law – CONTENTS Unit – I Who is a Hindu? Sources of Hindu Law …
Under the codified Hindu law such persons will be Hindus for the purpose of the application of Hindu law. Therefore, the modern Hindu law is a body of rules of personal law applicable to Hindus as well as several non-Hindu communities. In the modern Hindu law all those persons to whom Hindu law applies are called "Hindus".
Who is Hindu as per Hindu law? – Law Web
Hindu religion or a believer in temple worship. A Hindu has. a right to choose his own method of worship. The term. ’Hindu’ is a comprehensive expression giving the widest. freedom to people of all hues, opinions, philosophies and. beliefs to come within its fold.”
Introduction to Hindu Law in India – iPleaders
This act is only applicable for any person who is Hindu, Jain, Sikh and Buddhists and not for particularly Muslims, Christians, Parsis and Jews who are being governed by some other law. This law is only applicable for the person who is a Hindu by birth or Hindu by religion. Section 2 of the Hindu Marriage Act, 1955 describes all these things.
Who is a Hindu? – Linear LAW – Who is a Hindu?
May 7, 2022The Hindu Marriage Act, 1955 answers the question of who can be governed by Hindu law and who is a Hindu? Vedas: Foundation of Hinduism All Hindu law originated from the Vedas (Shruti i.e. “that which was heard”) and Smriti (“that which was recollected”) example Manusmriti( मनुस्मृति ), Yajnavalkya Smriti and Smritis of Parashar, Apastamba, Vashist et cetera.
Scope And Application Of Hindu Law – LawPage
The persons to whom Hindu Law applies may come in the following three categories – Any person who is a Hindu, Jain, Sikh or Buddhist by religion, i.e. Hindus by religion. Any person who is born of Hindu parents (when both the parents or one of the parents is a Hindu, Jain, Sikh or Buddhist by religion) i.e. Hindus by birth.
Who Is A Hindu As Per Hindu Law? – DTlegal.in
– Hindu is not defined anywhere but Hindu marriage act makes it clear who is Hindu and to whom Hindu marriage act 1955 , Hindu succession act 1956 etc applies. Section 2 of Hindu Marriage Act states to whom this act applies and the same applies for Hindu S uccession act, H indu A doption & Maintenance act & Hindu Guardianship Act. Section 2 …
Hindu Law – Question Answers – Hindu Law Question No. 1 … – StuDocu
Now the term Hindu can be widely defined the person to whom Hindu Law applies shall be Hindu. PERSON TO WHOM HIDNU LAW APPLIES:- The following person can be kept in categories mentioned against each :-Those persons who are Hindu, Jain, Buddhist or Sikh by birth:- i) A person is called Hindu by birth who is the child of Hindu Parents i. whose parents are Hindu but such person is also considered …
Best Law Firm in Chandigarh | Aggarwal & Associates
Jan 25, 2021Applicability of the Hindu Law- Hindu Law applies to all persons who are Hindus but there is still no precise definition of the term Hindu either in any statute or in any judicial decision. Hindu law is applicable to the following categories of persons:- Any person who is a Hindu, Jain, Sikh or Buddhist-
Who is Hindu? | Law column
May 14, 2022Under the codified Hindu law such persons will be Hindus for the purpose of the application of Hindu law. Therefore, the modern Hindu law is a body of rules of personal law applicable to Hindus as well as several non-Hindu communities. In modern Hindu law, all those persons to whom Hindu law applies are called “Hindus”. Conclusion
Who is a hindu hindu marriage act? – ard.aussievitamin.com
Who is a Hindu and to whom Hindu law applies? (I) Follower of Hinduism: The Hindu law applies to the person who is a follower of the Hindu religion. This includes the followers of Virashaiva, Lingayat, Brahmo, Prarthana or Arya Samaj. Apart from these it also applies to the persons who are the followers of Buddhism, Jainism or Sikhism.
Persons to Whom Hindu Law does not Apply
Article shared by. The Hindu Law does not apply—. (i) To the illegitimate children of a Hindu father by a Christian mother and who are brought up as Christians, or to illegitimate children of a Hindu father by a Mohammedan mother, because these are not Hindus either by birth or by religion; Image Source: c308991.r91.cf1.rackcdn.com.
Sources of Hindu Law – OK Law Services
Feb 8, 2022To Whom Hindu Law applies? Section 2 of the Hindu Marriage Act, 1955 talks about the those persons on whom Hindu Law is Applicable, they are as follows; A Hindu by Religion; Forms or developments of Hindu Religion; Virashiva, Lingayat; Follower of Brahmo, Prarthna or Arya Samaj; Buddhist, Jain or Sikh. Not a Muslim, Christian, Parsi or Jew by Religion in the territory of India upto which this …
Sources of Hindu Law – Legal Services India
It is significant to note that the term ’Hindu’ is not defined anywhere in terms of religion or in any statute or judicial decisions. For the purpose of determining to whom Hindu Law applies, it is necessary to know who is a Hindu and none of the sources expressly state so. At most from statutes, we can get a negative definition of a Hindu …
Origin of Hindu Law and Who is a Hindu – Law Times Journal
The origin of Hindu law is believed to be divine. The key ideal before a Hindu has always been the achievement of the moksha, the attainment of salvation. Hindu law, over five thousand years has gone through phases. It is regarded that the origin of Hindu law is based on religious texts like the Vedas, the Upnishads, the Geeta, or any other …
Categories of person to whom Hindu law applies – Aishwarya Sandeep
Person to whom Hindu law applies: Such person can be kept in the following categories: (a) Those person who are Hindu, Jain, Buddhist or Sikh by birth. (b) Those persons who are Hindu, Jain, Buddhist or Sikh by religion. (c) Those persons who are not Mussalman, Christian, Parsi or Jew. (a) Persons who are Hindu by birth: A person is called …
Who is hindu.docx – Who is hindu To whom hindu laws apply To whom hindu …
View Who is hindu.docx from RELI MISC at Oxford University. Who is hindu To whom hindu laws apply To whom hindu laws do not apply HISTORY The term hindu has its origin not on the basis of the
Hindu Marriage Act 1955 applicable to whom | who comes under this act
As per Section 2 of the Hindu Marriage Act 1995 Act this Act applies to (1) (a) to any person who is a Hindu by religion in any of of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj; (b) to any person who is a Buddhist, Jaina or Sikh by religion, and
Person to whom Hindu Law applies and can form Hindu Undivided Family …
In Income Tax Act, a person is liable to pay Income Tax and person is defined in section 2(31)ii which includes Hindu Undivided Family. The word “Hindu” before the word “undivided family” means it will be applicable those who follow Hindu law. Hindu Law here means schools of law which are Mitakshara and Dayabhag. While Mitakshara is applicable to entire county dayabhag is applicable to …
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