Abstract
Whereas agricultural property invited specific legislation, the law of succession and inheritance outside agriculture initially upheld the rights of the joint family in such matters, as set out in classical texts on Hindu law. In a commercializing environment, the decision to empower a collective body gave rise to disputes. For example, disputes occurred over the question, in a family firm of merchants, who had a stronger claim to inherit property, the partner or the son? When religious law privileged the claim of an heir on spiritual grounds whereas others’ claims could be justified on grounds of equity or efficiency, what should the judges do? By what law would testaments be prepared and accepted in the courts? The history of legislation in property rights (excluding agricultural land) is a history of a gradual strengthening of testamentary powers of individuals overriding the right of the collective.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
