Devolution Of Property Research Articles

Mshengu v Estate Late Mshengu 9223/2016P - Considering the ownership of house property in customary law

The Recognition of Customary Marriages Amendment Act 1 of 2021 was enacted to address the proprietary consequences of customary marriages. This note examines the implications of the Amendment Act in light of the Mshengu v Estate Mshengu 9223/2016P judgment, which was decided shortly after the Amendment Act came into effect. Three key issues are analysed: first the potential conflict between the Amendment Act and the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009 in relation to the ownership of house property; second the challenges in classifying property as house or family property; and third the impact of the devolution of property on the rights of other family members. The analysis emphasises the importance of soliciting input from communities who live according to customary law and highlights the need for legislation that is flexibly drafted to accommodate nuanced customary law practices and provide avenues for redress in cases where statutory provisions yield unfair outcomes.

History of Female Coparcener and her rights to Coparcenary property towards Gender Justice: A Legal Study under Hindu Law

In a country where parochial mind sets are deeply rotted, it is evident to find laws structured specially to cater to the benefits of men, who occupy a dominant pole in every spare. A relatable Instance was the devolution of property among the coparceners, where the only male coparcener of the Hindu joint family reckoned to be natural heirs to the ancestral property. It was the ipso facto gender-biased and unjust. The devolution of property under Hindus is governed by the Hindu Succession Act, 1956, which is with the due course of time change the status of a female coparcener and their right to coparcenary property. This is a journey where a female from nothing to getting equal status as to the male coparcener by reforming the patriarchal laws which were prevailing before the modern Hindu law. The Indian Constitution also enshrined the concept of equality and gender justice. By the virtue of Constitutional morality, the Indian judiciary preserved the right to equality and justice for all without any discrimination. The discriminatory practice of the female right to property is now changed and she also has the right to property absolutely like a son.

Devolution of Property of the Hindu Female: Autonomy, Relationality, and the Law

Women’s economic status and social security is influenced by their ownership and control over immovable property. Contemporary Indian society has refused to give up traditional ideologies and perpetuates the age-old pattern of ownership of material assets. Despite some progressive interpretations and statutory law, justice with respect to property has not progressed in a linear trajectory for Indian women, particularly Hindu women. This article examines the scheme of succession for Hindu males and females, its wider implications, the policy of non-interference by the courts, the recommendations of the Law Commission of India and the National Commission for Women and makes suggestions for removing the disparity between Hindu males and females in respect to devolution of property.

The Campaign for Islamic Law in Fiji: Comparison, Codification, Application

In September 1939, Fiji's Legislative Council debated a testamentary disposition bill, patterned after the English Inheritance (Family Provision) Act of 1938. The bill's introduction followed a routine procedure of the transplantation of English legislation to colonial jurisdictions. The bill empowered the court to modify wills in which the testator had deprived the spouse and children of reasonable maintenance. As debate ensued, Said Hasan, the recently nominated Muslim Member of the Legislative Council, rose to offer his support. He noted that the bill gave partial effect to “the underlying principle of Mohammedan law.” The “policy” of Mohammedan law, he argued, was to prevent the testator from interfering with the devolution of property to family members in “fixed and definite shares.” A testator was entitled to will only a “bequeathable third” of the estate beyond the fixed shares assigned to dependents. Hasan further declared that the bill was a “tacit admission” of the injustice suffered by dependents excluded from their rightful share in family property.

Devolution of Property of the Hindu Female: Autonomy, Relationality, and the Law

Devolution of Property of the Hindu Female: Autonomy, Relationality, and the Law

The devolution of property and kinship practices in late-and post-Ottoman ethnic Greek societies. Some demo-economic factors of 19th and 20th century transformations

Eythimios Papataxiarchis et Socrates D. Petmezas, The devolution of property and kinship practices in late- and post-Ottoman ethnic Greek societies. Some demo-economic factors of 19th and 20th Century transformations, p. 217-241. Les auteurs ont cherché, dans cette synthèse de nombreuses publications (bibliographie), à comparer les différents modes de transmission du patrimoine qui existaient en Grèce et dans le monde hellénique à la fin de la domination ottomane. Cette typologie est mise en relation avec les systèmes de parenté et les types d'économie (agropastorale en Grèce centrale et septentrionale; agricole en Grèce continentale; maritime et agricole en Grèce «égéenne», incluant les régions côtières de Grèce, d'Asie mineure et les îles). Les auteurs insistent sur l'extrême diversité des solutions adoptées dans des contextes économiques et démographiques profondément contrastés. Un long processus de simplification et d'homogénéisation a ensuite accompagné les énormes changements démo-économiques et socio-politiques qui ont donné naissance à la Grèce moderne. Au cours de cette période, le mariage (avec importante dotation des filles) est devenu l'événement central qui conditionne le devenir social et symbolique des lignées en même temps que la dévolution du patrimoine.

Patriarchy, property and death in the Roman family

1. Introduction: approaches to the history of the Roman family Part I. Roman Life Course and Kinship: Biology and Culture: 2. Roman patterns of death, marriage and birth 3. Simulations of Roman family and kinship Part II. Roman Family and Culture: Definitions and Norms: 4. Familia and domus: defining and representing the Roman family and household 5. Pietas and patria potestas: obligation and power in the Roman household 6. Whips and words: discipline and punishment in the Roman household Part III. The Devolution of Property in the Roman Family: 7. Strategies of succession in Roman families 8. Guardianship of Roman children 9. Dowries and daughters in Rome 10. Conclusion Bibliography Index.

Barcelona and its rulers, 1096-1291

List of figures List of maps List of tables Preface List of abbreviations Introduction 1. The city and its region 2. The city and its lord 3. An aborted take-off: the urban economy in crisis, 1090-1140 4. Urban society in transition 5. The patriciate in gestation, 1140-1220 6. Family structure and the devolution of property 7. Consolidation and conflict: patrician power and Mediterranean expansion, 1220-1291 8. Patrician continuity and family identity Conclusion Appendices Bibliography Index.

The Maliki Family Endowment: Legal Norms and Social Practices

Historians of Muslim societies have observed that, in principle, the strict application of the Islamic rules of inheritance would result in the progressive fragmentation of capital. Although technically correct, the observation fails to take into account the fact that the Islamic inheritance rules are but part of a larger and flexible Islamic inheritance system that also includes bequests, gifts inter vivos, family endowments, dowries, fictitious sales, and other modes for the devolution of property. This larger system has served Muslims, rich and poor, for over 1,400 years, although it operates differently in different places. The most important component of the Islamic inheritance system arguably has been the family endowment, known among the Malikis as ḥabs (popularly, habous) and elsewhere as waqf ahlī. This institution came into existence in the first Islamic century, in part because the Islamic inheritance rules proved too constraining, and soon became an integral component of the Islamic legal system. It allows a proprietor to transform immovable property such as a house or field into a perpetual endowment for one or more beneficiaries and subsequent generations of descendants; the property thereafter may not be bought, sold, or inherited. The founder designates the initial beneficiaries and defines the strategy according to which usufructory rights pass from one generation to the next. Thus, the founder may control the devolution ofendowment revenues for many generations after his or her death.

The Recovery of Dowry in Roman Law

The recent article by R. P. Saller on Roman dowry in the Principate makes some interesting and important suggestions about the function of dowry and its role in the devolution of property. I am in broad agreement with a good deal of what he says, and would not dispute his views that dowry was, as shown by the requirement of collatio dotis, regarded as in a sense part of a woman's patrimony, and that the rules for the recovery of dowry show that the purpose of giving dowry was not held to rest on one single principle, but included provision both for the expenses of the wife's maintenance during marriage and for a possible remarriage after divorce or widowhood. However, his remarks on both points need some qualification and amplification. Briefly, I hope to show (i) that the oddities and anomalies noticed by Saller in the rules governing the recovery of dowry at the end of a marriage are apparent rather than real, since these rules rest, not on conflicting views about the purpose of dowry, but on the fact that the husband had full legal ownership of the dowry during marriage, together with the right of the wife or her pater to an actio rei uxoriae for recovery of dowry; (ii) that the rules for collatio dotis applied only if the woman herself chose to claim a share in her father's estate on intestacy beyond the amount of her dowry; (iii) that the use of the dowry for the wife's support was an equitable, rather than a legal, requirement.

Customary Law and Property Devolution among Russian Peasants in the 1870s

munity. The predominantly multiple family household of the Russian peasantry in the pre- and post-Emancipation periods functioned both as an economic component of the commune and as a welfare institution which supported the elderly, infirm, and conjugal units disrupted by high mortality rates, conscription levies, and flows of migratory labour. Until other institutions could be created the multiple family household was destined to remain the norm among the Russian peasantry. An examination of property devolution among Russian peasants in the 1870s reveals: (1) the flexibility of the system, which perpetuated not only the multiple family household, but the simpler nuclear structure as well; (2) the continuity in inheritance patterns over the nineteenth century despite Emancipation; and (3) the influences of the written law upon customary law. Attention will be focused upon the devolution of property: although the general pattern of patrilineality excluded women from inheritance, women had their own inalienable property in the form of a dowry or personal possessions which devolved to their children or reverted back to their kin groups. This article, based largely on volost' (district) court cases for the central and northern provinces of Moscow, Iaroslavl', Tambov, and Novgorod,1 seeks to redress the imbalance of modern historical literature which, in its concentration on the commune and Russia's economic backwardness, has largely ignored property devolution patterns among Russian peasants.2 Normally only passing attention (and that largely negative) is given to the peasants' partible inheritance system despite the

Roman Dowry and the Devolution of Property in the Principate

The rapid turnover of senatorial families during the Principate is a well-known phenomenon, but one which awaits satisfactory explanation. Comparative evidence shows the rate of turnover to have been unusually high. For example, the old aristocratic families of early modern Europe gave way to new at a much slower rate. Patterns of Roman property-holding and of the transmission of wealth from one generation to the next must have been closely associated with this rapid turnover. When an aristocratic family produced no offspring who reached adulthood, the normal pattern of passing the bulk of the estate from one generation to the next within the family was interrupted. On the other hand, if a family produced many children, it might well become impoverished in the process of providing for all of them. Consequently, to perpetuate the family line with its status intact required careful financial and family planning. It was necessary to use or to take into account the various laws and customs regarding the family, including those regulating division of the estate among heirs, adoption, dowry and so on.

Van Oostveen v. Van Oostveen and Others.

Effects of Changes of Sovereignty — Cession — Private Rights — Law of Devolution of Property.Boundaries — Land Boundaries — Cession of Territory on Rectification of — Consequential Legislation.State Succession — Private Rights — Cession of Territory — Rectification of Frontiers between Holland and Germany after Second World War — Devolution of Property.

Corporations. Dissolution. Devolution of Property on Dissolution

Corporations. Dissolution. Devolution of Property on Dissolution

Corporations. Dissolution. Devolution of Property on Dissolution: Choses in Action

Corporations. Dissolution. Devolution of Property on Dissolution: Choses in Action