FUNDAMENTAL DIFFERENCE BETWEEN HINDU AND MUSLIM LAW

OF INHERITENCE

A proposal made by Ishan Bramhbhatt, roll number 1733 of class BA LLB.

Proposal Submitted to:- Pooja Shrivastavas

A research proposal submitted in complete fulfillment of the course Family law-II for attaining
the degree of BA.LLB.

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR, MITHAPUR, PATNA-

800001.
DECLARATION

I hereby declare that the work reported in the B.A. LL.B. (Hons.) project report titled
“Fundamental difference between hindu and muslim laws of inheritence” submitted at
Chanakya National Law University is an authentic record of my work carried out under
the supervision of Pooja Srivastava Ma’am. I have not submitted this work elsewhere for
any other degree or diploma. I am fully responsible for the contents of my project report.

Signature of the Candidate

Names of the Candidate : Ishan Bramhbhatt

Chanakya National Law University

ACKNOWLEDGEMENT

I am highly elated to have worked on my research topic “FUNDAMENTAL DIFFERENCE

BETWEEN HINDU AND MUSLIM LAW OF INHERITENCE ” under the guidelines of Mrs.
POOJA SRIVASTAVA (Faculty of Family Law-II). I am very grateful to her for the proper
guidance.

I would like to take this opportunity to express my profound gratitude and deep regard to her for
her exemplary guidance, valuable feedback and constant encouragement throughout the duration
of the project.

Her valuable suggestions were of immense help throughout my project work.

Her perceptive criticism kept me working to make this project in a much better way. Working
under him was an extremely knowledgeable experience for me.

I would also like to thank all my friends and my seniors. Apart from all these I would like to give
special regard to the librarian and other staffs of the library of my university who made a
relevant effort regarding to provide the materials to my topic and also assisting me.

Finally, I would also like to extend my gratitude to my parents and all those unseen hands that
helped me out at every stage of my project.
OBJECTIVES.

 To study the the origin of both hindu and muslim law.

 To study the provisons related to inheritence under Hindu and Muslim law .
 Comparative study difference between personal laws of both hindu and muslims.

HYPOTHESIS.

1.) The researcher on close examination believes that the law of inheritance under Hindu law
is simpler and more logical than law of inheritance under Muslim law.

RESEARCH METHODOLOGY.

The research method upon which the researcher has relied upon is:-

 Doctrional research:- Doctrional research is concerned with legal prepositions and

doctrines. It is research into the law and legal concepts.
SOURCES OF DATA.

Datas collected for the purpose of this particular research is from both primary and secondary
sources.

 Primary Source:- A primary source provides direct or firsthand evidence about an event,
object, person, or work of art. It includes historical and legal documen. For this proposal
the researcher has taken into account decision of supreme court, Hindu succession act,
Hindu adoption and maintenance act..
 Secondary Source:- Secondary sources describe, discuss, interpret, comment upon,
analyse, evaluate, summarise, and process primary sources.It includes newspaper,
magazines and books. For the proposal, the researcher has taken into account books,
magazines and journals.

REVIEW OF LITERATURE.

 The researcher has examined the primary and secondary sources of data in the project.
The primary sources is the Indian constitution, code Indian evidence act, legal provisions
and case laws. The secondary sources are books, journals, magazines, newspaper etc.

LIMITATIONS OF RESEARCH.

 Time:- The paucity of time was a major setback while making this research proposal.
 Money:- Scarcity of money to buy the books required is also another limitation.
 Scope of discussion is wide.
INTRODUCTION

Succession is the transmission of property belonging to a person at his death to some other
person or persons.

Succession and Inheritance can be of two kinds – Testamentary or testate inheritance which
means inheritance as per the Will of the deceased and Non Testamentary or intestate succession,
where the deceased dies without making a Will.

The law on intestate succession for different communities in India is governed by different
succession laws applicable for that particular community. For e.g. the Hindu Succession Act,
Indian Succession Act, Shariat laws etc. The law on testate succession is governed by the Indian
Succession Act, 1925 for all communities except Muslims. The law in relation to making of wills
by Muslims is governed by the relevant Muslim Shariat Law as applicable to the Shias and the
Sunnis.

With the exception of Muslims, the Indian Succession Act, 1925 governs and has a common set
of rules for persons of all religions. However, the Muslims shall be bound by the Indian
Succession Act, 1925 for the purpose of testamentary succession, if the will relates to immovable
property situated within the State of West Bengal and within the jurisdiction of the Madras and
Bombay High Courts.

The Hindu law is one of the most ancient and primitive laws that are still prevalent in today’s era
and also known to the world at large. It is governed by the Hindu Succession Act of 1956, it is a
codified law passed by the Parliament of India related to the Intestate (unwilled property), to
amend and regulate the Intestate and Testamentary Succession under the Hindu law but in some
cases, the Indian succession act plays a major role. Section 5-29 talks about the intestate
succession related with the concept of women as a coparcener(a person who shares the inherited
land equally) (Sections 6 & 7), male intestate and their order of succession.

(Section 8-13), female intestate and their order of succession (Section 14-16), other relationships
and rights (half-blood, full-blood, Child in a womb etc) has been dealt under (Section 17-29) of
the Hindu succession act. Part VI of the Indian Succession Act, 1925, starting from Section 57,
expressly recognizes the right of a Hindu to dispose of his property according to the will made
by him (Testamentary Succession). Schedule III provides for sections which are applicable to
wills and codicils under Hindu law subject to restrictions.

Earlier, women were not treated as equals to the males and did not have the same rights in the
property but after the amendment in the year 2005 they are treated as equal and possess the same
right as the males and now they can also become either a Karta or a coparcener after the
amendment, of which they did not possess the right earlier. The Hindu law has various acts and
provisions that govern it in matters like Divorce, Marriage, Adoption, Succession, Property,
Minority, Rights of the son, Pious obligation etc. which are governed by The Hindu Marriage
Act, 1955, The Indian Succession Act, 1925, Guardianship and Adoption Act, 1956. These
following laws are in accordance with the Hindu personal law. The Main sources of the Hindu
law are the customs and legislation, from where the law has been derived.

The Muslim law is governed by its own law known as the Shariyat. The Muslim law does not
recognize the concept of separate property. There is only one property with same general rules
(such as rule of representation, rule of exclusion, rule of primogeniture, rule of vested inheritance
and of spec successions) for both male and female succession, if a Muslim individual dies
without making a will then, after the death of an individual as per the laws, the property under
his ambit of ownership would be distributed among the legal heirs after deducting some expenses
and liabilities from the remaining property which is also known as the Heritable Property. The
Muslim law for succession constitutes as follows:

1. The Quran,

2. The Ijma,

3. The Sunna,

4. The Qiya,