Property Inheritance Research Articles

National Borders among Families: Removal and ‘Bare Life’ in India

This paper is about the state-driven process of ‘migrant ‘illegality’ (Genova 2002) and its impact on the life of Bengali speaking residents in the Assam state of India. While the movement of people across borders between India and present-day Bangladesh has been historical and complex, this ethnographic work explores how the state-driven process of migrant illegality and the production of ‘bare life’ have disrupted intimate relations and family life among the migrant population in Assam. While the recent NRC (National Register of Citizens) update in Assam identified 1.9 million people as illegal migrants, there has been bureaucratic enactment of ‘migrant illegality’ by Assam Border Police for the last several years. The institutional procedures, court documents and narratives of the select cases of ‘detected’ as well as ‘detained’ residents from ethnographic fieldwork reveal how the absence of formal papers and errors in the family records, kinship relations and property inheritance among the poor migrant families transforms actual citizens to ‘illegal migrants’ in the bureaucratic manoeuvring and reduces them to their ‘bare life’. The paper also shows how prejudice, arbitrariness, and contradictions feed into the bureaucratic process and lead to intense crises among family units, as several migrant families have both Indians and alleged ‘Bangladeshis’ in their homes today. The paper argues that the major consequence of this state-driven ‘migrant illegality’ in the last two decades has been the creation of national borders among families, unsettling intimate relations and shared spaces.

Study on the Inheritance System for Virtual Property on The Internet

With the progress of Internet technology, the network has become an indispensable part of people's lives. Due to the economic development to promote productivity and production mode to produce changes, so that the network virtual property gradually received people's attention. The protection of network virtual property in China is only stipulated in Article 127 of the Civil Code. However, this article is only a guiding provision for network virtual property and network virtual property inheritance has not yet made clear provisions, therefore, this paper will focus on the attributes of network virtual property, the necessity of inheritance, and the problems arising in the process of inheritance research, and strive to find appropriate solutions.

A Critical Analysis of Women Rights to Inherit Property in Bukonzo East Constituency, Kasese District

ABSTRACT Women in Uganda have made significant strides in achieving the rights to education, employment, and participation in public affairs among others. However, when it comes to the right to inherit property from their parents and husbands, women have been left behind despite Government’s efforts geared towards ensuring that women too are considered for inheritance of property on equal footing with men. The low achievement for women in this area of property inheritance is attributed to traditional customary norms and practices which have created a male-centered and male dominated society across the country. The traditional customary norms and practices favour men as the only persons who can inherit and own property while women are restricted to user rights only. On addition, even when user rights are allowed, the input of a women’s into the development of the property especially land and proceeds derived therefrom are never considered as a contribution that create an interest worth being owned and capable of being bequeathed by a woman. In Uganda, ownership and possession of land especially customary land tenure is dominated by men. This has increasingly put women at a disadvantage. This article identifies the obstacles/causes why women are still being marginalized when it comes to inheritance of property despite the government efforts and the legal framework in place, it also discusses the possible solutions to end the problem, and offers recommendations which includes enhancement of sensitizations and awareness, and closing lacunas that exist in the law.

Examination of Current Practices, Challenges and Strategic Reforms for Probate Tax, Governor's Consent, and Stamp Duty in Anambra State

This research examines the critical components of property law administration in Anambra State, focusing on probate tax, governor's consent, and stamp duty. These mechanisms are vital for ensuring lawful property administration, transfer, generating government revenue, and maintaining the integrity of legal documents. The study highlights the significance of these elements in the socio-economic development of the region and their impact on property transactions and inheritance. Through a detailed analysis of current practices, challenges, and inefficiencies, the research identifies major issues such as bureaucratic delays, high costs, lack of public awareness, and enforcement inefficiencies. The study utilizes a sample size of 400 respondents, including property owners, legal practitioners, and government officials, to gather data on their experiences and perceptions. The findings reveal significant non-compliance and evasion, exacerbated by complex procedures and opaque processes. To address these challenges, the research proposes strategic reforms including simplification of procedures, leveraging technology, enhancing public education, and introducing stricter penalties for non-compliance. These recommendations aim to improve efficiency, transparency, and compliance in property law administration, thereby promoting economic development and orderly land use in Anambra State.

The Analysis of the Necessity and Impact of Property and Inheritance Taxes in China

The purpose of this paper is to explore the necessity and possible impact of the implementation of property tax and inheritance tax in China based on the Western tax system and the existing experience and background in China. After understanding the provisions of the Western tax system, the comments of Western people, and the results of relevant experiments in China, we found that China’s existing economic structure may create a number of problems and the low level of asset mobility of a small number of high-net-worth individuals and their small contributions to social and economic consumption also require a new tax for social wealth redistribution. Property tax and inheritance tax would be the right solution to local debt and social equity problems.

Implementasi pembagian harta waris di blok Dungminian Desa Sumber Kedawung Kecamatan Leces Kabupaten Probolinggo perspektif hukum islam

Islamic law regulates everything very fairly as explained in the Quran, including in regulating the distribution of inheritance that upholds justice. The revelation of inheritance verses gives respect and justice to women, by making women the subject of inheritance makes them happy. However, in reality today, many Muslims divide inheritance assets not in accordance with the verses of the Quran. They consider the application of Surah An-Nisa verse 11 (boys get twice the share of girls) in this day and age is unfair, because now women are more independent, they have the same rights as men in many ways, such as education, work, roles in society and so on, so that the distribution of inheritance is adjusted to their circumstances. That is why researchers feel the need to examine how to solve this problem. The researcher will discuss the implementation of the distribution of inheritance property for the community in Dungminian Block, how also the review of Islamic law on the distribution of inheritance property for the community in Dungminian Block, Sumber Kedawung Village, Leces Subdistrict, Probolinggo Regency. The method used in this research is to use a qualitative approach with data collection techniques in the form of observation, interviews and documentation. The results of the study concluded that the division of inheritance property (tirkah) that occurred in Dungminian Block, Sumber Kedawung Village, Leces Subdistrict, Probolinggo Regency prioritizes family consensus and consensus if no consensus is found, then return to the compilation law and Qur'anic law.

Legitimacy Status of Inheritance by Adopted Children

This study aims to analyze the legal strength of civil registration deeds as evidence of inheritance ownership. The first research, How is the legal force of civil registration deeds as the basis for controlling inheritance by children. As an official document that records a person's birth, a birth certificate plays an important role in legal proceedings related to property inheritance. In the context of inheritance law, the validity of the birth certificate is the main key in determining the right of an adopted child to inherit property from his adoptive parents. Along with a valid birth certificate, the adopted child has a strong legal basis to claim his inheritance rights. However, there are challenges and problems that may arise related to the validity of birth certificates in the context of inheritance control. Second, how can heirs report criminal acts against adopted children who have controlled the inheritance. Therefore, this study aims to analyze in depth the role of birth certificate power as a tool that allows adopted children to obtain inheritance rights, as well as to identify strategies that can be applied to ensure the effective protection of inheritance rights of adopted children. Through the approach of legal analysis and literature study, this study concludes that the strength of the birth certificate is a crucial foundation in proving the legal status of an adopted child in the process of controlling inheritance, but further efforts are needed to improve the legal protection of adopted children in the context of property inheritance.

Exceptions, Instantiations, and Overgeneralization: Insights into How Language Models Process Generics

Abstract Large language models (LLMs) have garnered a great deal of attention for their exceptional generative performance on commonsense and reasoning tasks. In this work, we investigate LLMs’ capabilities for generalization using a particularly challenging type of statement: generics. Generics express generalizations (e.g., birds can fly) but do so without explicit quantification. They are notable because they generalize over their instantiations (e.g., sparrows can fly) yet hold true even in the presence of exceptions (e.g., penguins do not). For humans, these generic generalization play a fundamental role in cognition, concept acquisition, and intuitive reasoning. We investigate how LLMs respond to and reason about generics. To this end, we first propose a framework grounded in pragmatics to automatically generate both exceptions and instantiations – collectively exemplars. We make use of focus – a pragmatic phenomenon that highlights meaning-bearing elements in a sentence – to capture the full range of interpretations of generics across different contexts of use. This allows us to derive precise logical definitions for exemplars and operationalize them to automatically generate exemplars from LLMs. Using our system, we generate a dataset of ∼370k exemplars across ∼17k generics and conduct a human validation of a sample of the generated data. We use our final generated dataset to investigate how LLMs’ reason about generics. Humans have a documented tendency to conflate universally quantified statements (e.g., all birds can fly) with generics. Therefore, we probe whether LLMs exhibit similar overgeneralization behavior in terms of quantification and in property inheritance. We find that LLMs do show evidence of overgeneralization, although they sometimes struggle to reason about exceptions. Furthermore, we find that LLMs may exhibit similar non-logical behavior to humans when considering property inheritance from generics.

Romanticism and Deaf Justice

ABSTRACT Thomas Holcroft’s Deaf and Dumb (1801), an adaptation of J. N. Bouilly’s L’Abbé de L’Épée (1799), is a foundational story for deaf justice that models educational access as a route to self-determination for deaf people. Based on the real story of the Comte de Solar, Bouilly’s play, and its many translations, recounts the story of an abandoned deaf child who is rescued by the Abbé, taught sign language and restored to his family. This article follows the progress of the tale as it is reworked by deaf and hearing writers, circulating extensively in many genres on both sides of the Atlantic over the next two hundred years. Holcroft’s version is closely tied to fundraising for deaf schools, and is an important example of transatlantic exchange between deaf Anglophone and Francophone worlds. Although Holcroft’s play was embraced by pioneer deaf educators, such as Laurent Clerc, its sentimentality has proved to be problematic, as this article will also explore. The Solar story is, nevertheless, significant for the attention it pays to a number of deaf justice issues: the rights to family life and name; property ownership and inheritance; education and literacy; access to communication and community; and legal protections.

Daughters and Inheritance: Babylonian Boundary Stone 9 and Numbers 27

Abstract A daughter’s ability to inherit property is treated differently in various ancient Near Eastern cultures. This paper examines the difference between land inheritance by daughters in Israel and Babylon using the text of Numbers 27 and Babylonian Boundary Stone 9. The unique status of land and land allotment in the two societies are explored as well as the implications for the status of daughters. The conclusion from the comparison is that the biblical text excludes daughters because of limited landholdings and the desire to maintain the property inheritance from the initial land allotment event. However, Babylonian Boundary Stone 9 allows daughters to inherit more easily because of fluid landholdings and multiple (royal) land allotment events.

Mediation in the Settlement of Inheritance and Joint Property Matters in the Medan Religious Court

Mediation in the Settlement of Inheritance and Joint Property Matters in the Medan Religious Court

Reform of The Inheritance System: Between Islamic Law and Tradition of Sasak Tribe

This paper discusses the reform of the inheritance system between Islamic law and tradition of the Sasak tribe by investigating how religious leaders in Lombok view the inheritance distribution system and how to reform the inheritance system between Islamic law and tradition in the Sasak Lombok Community. This research uses qualitative methods with a case study approach, and data taken from the field was analysed using Jasser Auda's system theory regarding maqasid sharia. The result of reforming the Islamic law system and tradition in the Sasak tribe is to eliminate injustice within the Lombok NTB community by emphasising the value of inheritance property rather than its quantity. This approach ensures that inheritance distribution considers the value of assets, such as land, rather than merely dividing by area. For instance, the value of one hectare of strategically located land differs significantly from that of less strategically located land. Thus, instead of dividing the land by hectares, it is divided based on value, ensuring a fair distribution among the eldest brother, other brothers, and sisters. This method seeks to achieve justice for all parties involved.

Women and Children in Foreign Mercenary Regiments During the Smolensk War

This article discusses the presence of women and children in early modern military communities with reference to the foreign regiments in Russian service during the Smolensk War of 1632–1634. While gender history has been extensively researched in the context of Western European military history, it has not yet received much attention in studies of seventeenth-century Russian warfare. The article explores possible avenues for such research, drawing primarily on Russian-language archival records of the semi-autonomous regiments for which all non-Russians (mostly Germans, Englishmen, and Scots) were recruited abroad. Other sources include the surviving wills of English mercenary officers, the church records of the Lutheran parish in Moscow, and the accounts of foreign travellers to Russia. The article systematises evidence on the wives, mistresses, and children of foreign soldiers and officers who came to Russia as members of their families or in some other status. These data prove the constant presence of women and children in the foreign regiments during the siege of Smolensk. The article examines the legal situation of these persons and the policy of the Russian authorities towards them. It also discusses their property situation, inheritance issues, and women’s participation in legal and informal conflicts within the military communities, as well as corruption cases related to the illegal service of minors in the regiments. It also examines the social tensions created by marriages between mercenaries and the daughters and widows of foreigners living permanently in Russia. Documentary evidence of any contact between mercenaries and Russian women is almost entirely lacking.

Gender Equality in the Distribution of Inheritance Property from Al-Qur'an and Mawaris Fiqh’s Perspective

Gender Equality in the Distribution of Inheritance Property from Al-Qur'an and Mawaris Fiqh’s Perspective

Exploring the role of nanoparticles in enhancing thermal performance of fractional Carreau fluid flow under magnetic field and hall current

Nanofluids garner significant scientific interest due to their exceptional heat-conducting abilities and potential to enhance heat transfer efficiency. This manuscript investigates the behavior of a two-dimensional fractional Carreau fluid model on a stretched sheet over time, incorporating convection, magnetic fields, nanoparticles, diffusion, and thermal radiations. The model elucidates viscoelastic nanofluids’ memory and inheritance properties, employing non-integer Caputo fractional derivatives innovatively. Fundamental equations are transformed into dimensionless form and solved using an explicit finite difference approach. Essential parameters like Skin friction coefficient, Nusselt number, and Sherwood number are accurately determined. Rigorous stability and convergence criteria ensure effective solution convergence. Visual representations demonstrate the significant impact of each parameter on fluid flow. It is noted that temperature gradient increases 49.38% with the increase of fractional exponent α while it decreases 13.39% with the increase of magnetic parameter M. Moreover, concentration gradient increases 66.48% with the increase of thermophoresis parameter Nt and 94.71% with the increase of pedesis parameter Nb.

THE INFLUENCE OF CULTURAL NORMS ON FINANCIAL EMPOWERMENT OF WOMEN IN UGANDA S MICRO AND SMALL ENTERPRISES

Purpose- The concept of women’s financial empowerment has gained great attention worldwide. However, little attention has been given to this issue in the Ugandan context. The study was, therefore, initiated due to the increasing financial empowerment challenges being faced by women operating in the informal sector’s micro and small enterprises. The primary objective of the study was to investigate the effect of cultural of cultural factors on the financial empowerment of women in the informal micro and small businesses in Kampala, Uganda’s capital and largest city. Methodology- The study adopted a qualitative research design in which 50 women in the five divisions of Kampala were interviewed. Data collected was analysed using thematic analysis supported by the Atlastti software. Findings- The study reveals that cultural factors affected the financial empowerment of women in informal businesses. This was in the form of restrictions on which businesses they could engage in, patriarchal cultural practices, limited access to education facilities and restrictions on land and property ownership and inheritance. Religion stood out as the most prevalent component of culture that affected these women by dictating both the kind of business and the type of products that they traded in. Conclusion- We conclude that cultural norms play a significant role in shaping the opportunities and challenges faced by women in terms of financial empowerment. These norms are deeply ingrained in societies and can either facilitate or hinder women's access to economic resources, education, employment, and financial decision-making. Cultural beliefs of putting women second to men still affect the quest to become financially empowered for the women in the informal MSEs of Uganda. There is, therefore, still a need for the government and other non-government organisations to develop several initiatives tailored to particularly financially empower women in the informal sector of the MSEs in Uganda.

"OʻZBEKISTONDA RAQAMLI MEROS VA UNING HUQUQIY MUAMMOLARI"

"In this article, the issues of digitization of the legal system related to heritage in Uzbekistan today, the legal regulations governing them and their classification, legal conflicts related to cryptocurrencies, digital properties and this heritage, access barriers for digital documents and passwords, social media, and Web 2.0 problems of account inheritance are studied. Also, collection, storage, processing, distribution and use of information about the personal life of an individual, telephone conversations, mail, telegraph and other messages without his consent, as well as recommendations related to the protection of information related to the violation of legal documents, digital rights in inheritance relations, specific legal proposals and recommendations related to the role and importance of digital property and digital inheritance as an object of inheritance law, recommendations related to the regulation of norms clearly defining the ratio of legal force of will and inheritance, to digital properties (cryptocurrency, tokens, cryptoassets) as the subject of a will in inheritance relations. It consists of proposals and recommendations related to its specific features, issues of responsibility related to heritage objects in trust management, digital control in trust management, and practical suggestions regarding the prospects of the development of trust management in Uzbekistan. "

Characterization of a special type of Ricci–Bourguignon soliton on sequential warped product manifold

In this paper, we aim to characterize the sequential warped product [Formula: see text]-almost gradient conformal Ricci–Bourguignon soliton. We derive applications of some vector fields like conformal vector field, torse-forming vector field, torqued vector field on [Formula: see text]-almost conformal Ricci–Bourguignon soliton. The inheritance properties of the Einstein-like sequential warped product [Formula: see text]-almost gradient conformal Ricci–Bourguignon solitons of class types [Formula: see text] are investigated in this paper. Later we show that if [Formula: see text] is a sequential warped product of a complete connected [Formula: see text]-dimensional Riemannian manifold [Formula: see text] and one-dimensional Riemannian manifolds [Formula: see text] and [Formula: see text] admitting [Formula: see text]-almost conformal Ricci–Bourguignon soliton, then [Formula: see text] becomes a [Formula: see text]-dimensional sphere of radius [Formula: see text]. We have discovered that for a [Formula: see text]-almost gradient conformal Ricci–Bourguignon soliton sequential warped product, the warping functions are constants under certain conditions.

Javni poredak i nužni deo

Testamentary freedom is one of the basic pillars of inheritance law in any legal system. In Eurocontinental law, it is limited, inter alia, by the right of the heir to a statutory portion (forced heirship). On the other hand, Anglo-Saxon law does not recognize the forced heirship. In Europe, there is a tendency to narrow the circle of mandatory heirs. Testamentary freedom is guaranteed in modern Constitutions, while, on the other hand, it is disputed whether the right to inheritance, guaranteed by the Constitutions, also includes the right of heirs to a mandatory portion. In German law, which is based on the decision of the Federal Constitutional Court from 2005 the right to a forced heirship is considered as a part of public order, even as a part of international public order. On the contrary, in France and Hungary, in situations of crossborder inheritance, the right to a forced heirship does not belong to the domain of international public order. Considering the language and aim of Articles 58, 59 and 66 of the Constitution of the Republic of Serbia, it is difficult to argue that the heir’s right to a mandatory share is covered by the constitutional guarantees enshrined in Articles 59 and 66. On the contrary, Article 58, which guarantees peaceful enjoyment of property rights, and Article 23 (2), guarantee freedom of testamentary disposition. The same is the case with the European Convention on Human Rights, which guarantees freedom of testamentary disposition, but not the right to inherit. A foreign law that does not recognize the right to a forced heirship is not contrary to domestic public order. It is possible that the foreign law contains some kind of functional equivalent that aims to financially secure the mandatory heirs which is the case in Anglo-Saxon legal systems. The application of the lex fori fori allong with the application of the lex successionis is contrary to the principle of fairness in Private International Law. Also, it results in dépécage which is undesirable in PIL and runs counter to the principle of the unity of inheritance property. The application of foreign law governing the inheritance in the Serbian PIL could be limited only in exceptional cases. For example, when the foreign applicable law does not recognize any functional equivalent to a mandatory portion or when the foreign applicable law does not recognize the decedent’s minor children any claim to the inheritance property, so that they remain deprived of means necessary for life and, therefore, fall under the burden of state social assistance. Also, for the application of the part of lex fori, it would be necessary that the case of crossborder inheritance is closely related to domestic legal order. For example, that the mandatory heirs are citizens of Serbia with domicile in Serbia.

Исторический контекст института наследственного договора в России

The article is devoted to the study of the historical formation of the institute of hereditary contract in Russia. Within the framework of this study, the ancient origin of the hereditary contract has been determined and its subsequent historical development and distribution in the world have been considered. In the article, the author analyzes the hereditary legislation and legal doctrine in different historical periods of our state. In this work, the author reveals the concept and legal nature of the inheritance contract, establishes that the inheritance contract inherently is one of the forms of a will. The author concludes that the inheritance contract is a new step in the regulation of property inheritance relations, has a future in Russia and should be developed as an important institution of inheritance law.