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Civil Law in India
Civil law is a unique type of law inspired by Roman law. Civil laws are based on
the historic customs that are stuck in codified and writing not determined as in
the case of common law.
"Civil laws are primary based on law system of Roman that usually provide a
set of written and accessible collection of the laws which are applied to all citizens
even to all legal professionals including lawyers, attorneys and judges must also
follow the same. Legal code is the primary source of civil law which is arranged
in a some pre specified order according to subject matters."
Civil law is one of the oldest and prevalent surviving legal systems in the world.
There are various law colleges and schools in India that offers civil law education
at different level like Jeen Institute of Law, one of the reputed and prominent
law institute having experienced faculties and training instructors already practices
in the field of law from many previous years.
Jeen Institute of Law is one of the leading law institutes of the nation having
top rated education environment, fitted classrooms and equipped with the awesome
study infrastructure for successful imparting of civil law education of the highest
standards.
Property Law in India
According to The Indian Succession Act, 1925, everyone is entitled to equal inheritance,
except Hindus, Sikhs, Jains, Buddhists and Muslims. Under this act, the daughter
of a person dying intestate would be entitled only to one-fourth of the son’s
share, or Rs. 5,000/- (Sthree Dhana), whichever is lesser.
To actually achieve equal inheritance to all, the laws will have to be amended.
In regard to succession to property among Hindus, the right by birth should be abolished
and the Mitakshara coparcenary should be converted into Dayabhaga, that means equal
distribution of not only separate or self acquired properties of the diseased male,
but also of undivided interests in coparcenary property. Daughter of a coparcener
in a Hindu joint family governed by Mitakshara Law to be coparcener by birth in
her own right in the same manner as a son; to have right of claim by survivorship
and to have same liabilities and disabilities as a son; coparcenary property to
be divided and allotted in equal share
It is clearly defined in civil law system about the division of immovable and movable
property. Laws, rules, regulations, associated rights and obligations all are getting
different from movable to immovable property.
Personal property is subjected to movable property where as real property is categories
into immovable property. In some jurisdictions, monarch is a owner of all the property
and it devolved through feudal land tenure or other feudal systems of fealty and
loyalty. The concept, philosophy and idea of property underlie all property law.
Under property law in India, the two systems of rights overlap. Property rights
arise from a contract in relation to the sale of land; two sets of legal relationships
exist alongside one another. Easements, equitable servitudes and covenants are some
of the cases in which property laws are used. Property law in India is characterized
by a great deal of technical terminology and historical continuity.
Real property and personal property are the cases that bring some distinction in
common law systems, where real property is classified into two ways corporeal hereditaments
(tangible real property) and incorporeal hereditaments (intangible real property).
The division of personal property and real property has been criticized as being
not fair as a basis for categorizing the principles of property law in India.
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