Hindu and Muslim Law of Succession: Key Differences
Abstract
The Hindu and Muslim Laws of Succession, governing property inheritance among Hindus and Muslims in India, exhibit notable differences. Hindu Succession Law, applicable to Hindus, Sikhs, Jains, and Buddhists, emphasizes equitable property distribution, with amendments in 2005 eliminating gender-based discrimination and granting daughters equal rights to ancestral property. In cases of intestacy, property is divided according to legal provisions.
Conversely, Muslim Succession Law follows Islamic Shariah principles, categorizing heirs into sharers and residuaries. Sharers, including spouses, children, parents, and grandparents, receive fixed portions, while residuaries inherit the remainder according to Shariah rules.
These distinctions extend to the sources of law, inheritance concepts, succession rules, distribution mechanisms, the concept of coparcenary, the order of succession, inheritance rights for women, adoption, polygamy, recognition of the right of an unborn child, and government succession.
Understanding these differences is vital for ensuring fair property distribution among Hindus and Muslims. The potential introduction of a Uniform Civil Code (UCC) in India could significantly impact these laws by establishing uniform civil regulations, transcending religious boundaries, and promoting equality and secularism.
Introduction
The Hindu and Muslim Laws of Succession are distinct and comprehensive legal frameworks that chiefly oversee property inheritance among Hindus and Muslims. Although both systems have developed over centuries and include regional and cultural nuances, notable disparities exist between Hindu and Muslim succession laws. This article offers a concise exploration of the fundamental distinctions between Hindu and Muslim Laws of Succession.
Before 1956, Hindu women had limited property inheritance rights. In 2005, substantial amendments were introduced to eliminate gender-based discrimination. These changes granted daughters equal rights to ancestral property, significantly broadening women's inheritance opportunities. In cases where a Hindu passes away intestate, without a will, the property is divided in accordance with the legal provisions.
Muslim Succession Law
Muslim Succession Law in India is governed by the principles of Islamic Shariah. This legal framework dictates the division of a Muslim's property among their legal heirs, categorized into sharers and residuaries. Sharers, including spouses, children, parents, and grandparents, are entitled to fixed portions of the estate, while residuaries receive the remaining share after the sharers. Shariah specifies the rules and proportions that determine each heir's share, aiming to ensure equitable distribution according to Islamic principles.
Key Differences
In India, property inheritance and succession among Hindus, which includes Sikhs, Jains, and Buddhists, are governed by Hindu Succession Law. This law distributes a Hindu man's property equally among immediate family members, such as his wife, children, and grandchildren. In the absence of children, the property is shared by the wife, mother, and siblings. Hindu Succession Law has a complex history, with significant changes over time.
Before 1956, Hindu women had limited property rights, but in 2005, substantial amendments removed gender-based discrimination. These amendments granted daughters equal rights as sons in ancestral property, expanding inheritance opportunities for women. When a Hindu dies intestate (without a will), property is divided according to the law.
On the other hand, the principles of Islamic Shariah govern Muslim Succession Law in India. According to this law, a Muslim's property is divided among legal heirs, categorized into sharers and residuaries. Sharers, including spouses, children, parents, and grandparents, are entitled to fixed portions of the estate, while residuaries receive the remaining portion after the sharers. The division is based on specific rules and proportions outlined in Shariah, ensuring equitable distribution in line with Islamic principles.
Source of Law:
Hindu Law: Hindu law is primarily governed by the Hindu Succession Act of 1956, which serves as a codified law for Hindus, including Sikhs, Jains, and Buddhists. It incorporates principles from ancient Hindu texts like the Vedas, Manusmriti, and Dharmashastra, but it also considers customary practices, legislative enactments, and judicial decisions as influential sources.
Muslim Law: In contrast, Muslim Law is not codified and is based on several primary sources. These sources include the Quran, which is the holy book of Islam, the Hadith, which comprises the sayings and actions of Prophet Muhammad, Ijma, which refers to the consensus of Islamic jurists, and Qiyas, which involves analogical reasoning. Muslim Law falls under the umbrella of Muslim Personal Law, covering various aspects of personal life, including inheritance.
Concept of Inheritance:
Hindu Law: Hindu law revolves around the concept of lineal descendants and coparcenary. In coparcenary, ancestral property is passed down hierarchically within the family. The Mitakshara and Dayabhaga schools of Hindu law govern the inheritance rights of different Hindu communities.
Muslim Law: Muslim law is characterized by strict individual ownership. Inheritance is divided among legal heirs based on prescribed shares outlined in the Quran. The system of inheritance in Muslim law is known as "Wills" (Wasiyya) and is based on the principles of specified shares and obligatory heirs.
Succession Rules:
Hindu Law: Hindu law recognizes both testamentary succession (through a will) and intestate succession (in the absence of a will). Amendments to the Hindu Succession Act have ensured equal rights for male and female heirs. For instance, the 2005 amendment granted daughters equal rights as sons in ancestral property.
Muslim Law: Muslim law emphasizes testamentary succession, encouraging the creation of a will. However, in the absence of a will, the property is distributed based on the rules of intestate succession.
Distribution Rules:
Hindu Law: Hindu law follows the concept of survivorship, where property passes by succession in case of death. It is divided among heirs according to their share, often subject to certain restrictions and conditions.
Muslim Law: Muslim law adheres to the principle of immediate succession, with the property devolving upon heirs immediately upon death. Distribution is based on prescribed shares, and there is greater flexibility regarding testamentary disposition.
Concept of Coparcenary:
Hindu Law: Hindu law recognizes the concept of coparcenary, a form of joint family ownership. It applies to ancestral property and includes male descendants up to four generations from a common ancestor. Upon the death of a coparcener, his share devolves upon surviving coparceners. Recent amendments have expanded the rights of females in coparcenary property.
Muslim Law: The concept of coparcenary is not applicable under Muslim law. In Muslim law, the inheritance is based on the principle of individual ownership, and each heir receives a specific share of the deceased's property.
Order of Succession:
Hindu Law: In the Hindu law of succession, the first line of heirs consists of Class I heirs, which include sons, daughters, and the widow. If there are no Class I heirs, the property passes to Class II heirs, which include parents, brothers, sisters, and their descendants. If there are no heirs in either Class I or Class II, the property devolves upon agnates (relatives through males) and, in their absence, upon cognates (relatives through females).
Muslim Law: In the Muslim law of succession, heirs are divided into two categories: Sharers (fixed shares) and residuaries. Sharers are specific individuals entitled to fixed shares, such as children, parents, and spouses. The remaining property, after the fixed shares are distributed, goes to the residuaries, who are more distant relatives.
Inheritance Rights for Women:
Hindu Law: Recent amendments in Hindu law provide equal rights to daughters in ancestral property, irrespective of their marital status or when the property was acquired. Daughters are now considered legal heirs and are placed under Class I heirs.
Muslim Law: In Muslim law, the inheritance rights of women are governed by the principles of fixed shares, which often result in a lesser share compared to male heirs. For instance, a daughter typically inherits half the share of a son.
Adoption:
Hindu Law:
Hindu law recognizes adoption with specific rules and conditions. Adopted children have the same rights as biological children, including the right to inherit property.
Muslim Law: Adoption under Indian Law by Muslim parents is not recognized. Instead, the practice of kafala allows for the legal guardianship of a child but does not grant inheritance rights.
Polygamy and Multiple Marriages:
Hindu Law:
Hindu law prohibits polygamy and recognizes monogamous marriages, meaning a Hindu can have only one spouse at a time.
Muslim Law:
Muslim law allows polygamy, permitting Muslim men to have up to four wives simultaneously. Each wife is entitled to a specific share in the husband's property, depending on the presence of other heirs.
Right of an Unborn Child:
Hindu Law: Hindu law acknowledges the 'right to property by birth'. A child in the womb at the time of the death of an intestate has the right to inherit property, with inheritance considered to vest from the date of the intestate's death.
Muslim Law: Muslim law does not acknowledge the 'right to property by birth'.
Government Succession:
Hindu Law: According to Section 29 of the Hindu Succession Act, if an intestate has left no qualified heirs, the property devolves to the government. The government takes the property subject to all obligations and liabilities.
Muslim Law: In Muslim law, if there are no legal heirs, the property of the deceased escheats to the government through escheat.
Understanding these differences is crucial for ensuring fair property distribution among Hindus and Muslims, and potential changes, such as the implementation of a Uniform Civil Code (UCC) in India, may significantly impact these laws by replacing personal laws with common civil laws for all citizens, promoting equality and secularism.
Case Laws:
Ramkali v. Mahila Shyamwati [1]
A widow is entitled to an inheritance equal to that of her son. If there are multiple widows, they will combine their shares to receive a portion equivalent to that of the son and then distribute it among themselves. This right applies to marriages that were legally recognized. In this case, it was established that a woman whose marriage was declared null and void upon her husband's death would not be considered his widow, and she would not have any claim to his property.
In situations involving divorce or remarriage, the widow (the deceased's wife) does not have the right to claim any portion of the property. However, in cases of judicial separation, the widow is entitled to a share of the property because judicial separation does not terminate the marriage; it merely signifies a legal separation while the marriage remains intact.
Kalyan Kumar Bhattacharjee v. Pratibha Chakraborty [2]
If none of the Class I heirs make a claim on the inheritance, it will then be transferred to the Class II heirs. An instance of this scenario occurred in the case of "Kalyan Kumar Bhattacharjee v. Pratibha Chakraborty," where the defendant's brother, Ranjit, who was unmarried at the time, inherited his sibling's share of the property. However, Ranjit disappeared without a trace, and his two surviving brothers subsequently divided the estate equally between them. Later on, the plaintiff's brother, Jagadish, created a will in which he bequeathed everything to the plaintiff and then passed away.
The defendants, at a later point, contested this arrangement, claiming, among other things, that the property originally belonged to three brothers: Kalyan, Defendant No. 1, Jagadish, and Ranjit. In the event of the demise of a single Hindu male, the property would be distributed to his Class II heirs.
Similarly, if there are no Class II heirs available, and Class III or IV heirs exist, the property will then be transferred to the Class III or IV heirs.
Syed Mohammed Abbas Ali Meerza vs. State of West Bengal [3]
In this legal case, the High Court examined the term "Primogeniture" in the context of succession law, concluding that it excludes females and favors the senior-most male member. The claim made by the legal heirs of Sajid Ali Meerza aligned with this interpretation and the Law of Primogeniture, as opposed to Shia Muslim Law.
Regarding Syed Mohammed Abbas Ali Meerza's claim, the High Court initially considered it based on his relationship through a female heir. However, it was later recognized that he also had a legitimate claim as the son of another male heir, as evidenced by a genealogical table. Consequently, Syed Mohammed Abbas Ali Meerza was allowed to pursue the case, and the High Court was instructed to consider the matter on its merits.
Conclusion
The Hindu and Muslim Laws of Succession in India are intricate legal frameworks governing property inheritance within their respective communities. These distinct systems have evolved over time, each characterized by unique principles and practices.
Hindu Law, codified under the Hindu Succession Act of 1956, emphasizes equitable distribution among family members and has seen significant amendments to promote gender equality. It recognizes coparcenary, allows testamentary and intestate succession, and ensures inheritance rights for daughters.
Conversely, Muslim Law is rooted in Islamic principles and lacks codification. It follows a strict individual ownership model with fixed shares for legal heirs. While testamentary succession is encouraged, intestate distribution is also defined.
These differences extend to the concept of coparcenary, the order of succession, inheritance rights for women, adoption, polygamy, recognition of the right of an unborn child, and government succession.
Understanding these distinctions is crucial for ensuring fair property distribution among Hindus and Muslims in India. It's worth noting that potential changes, such as the implementation of a Uniform Civil Code (UCC), could introduce uniform civil laws, transcending religious boundaries and promoting equality and secularism. India, with its diverse legal systems, respects the cultural and religious diversity of its citizens while upholding principles of justice and fairness.
References:
The Hindu and Muslim Laws of Succession, governing property inheritance among Hindus and Muslims in India, exhibit notable differences. Hindu Succession Law, applicable to Hindus, Sikhs, Jains, and Buddhists, emphasizes equitable property distribution, with amendments in 2005 eliminating gender-based discrimination and granting daughters equal rights to ancestral property. In cases of intestacy, property is divided according to legal provisions.
Conversely, Muslim Succession Law follows Islamic Shariah principles, categorizing heirs into sharers and residuaries. Sharers, including spouses, children, parents, and grandparents, receive fixed portions, while residuaries inherit the remainder according to Shariah rules.
These distinctions extend to the sources of law, inheritance concepts, succession rules, distribution mechanisms, the concept of coparcenary, the order of succession, inheritance rights for women, adoption, polygamy, recognition of the right of an unborn child, and government succession.
Understanding these differences is vital for ensuring fair property distribution among Hindus and Muslims. The potential introduction of a Uniform Civil Code (UCC) in India could significantly impact these laws by establishing uniform civil regulations, transcending religious boundaries, and promoting equality and secularism.
Introduction
The Hindu and Muslim Laws of Succession are distinct and comprehensive legal frameworks that chiefly oversee property inheritance among Hindus and Muslims. Although both systems have developed over centuries and include regional and cultural nuances, notable disparities exist between Hindu and Muslim succession laws. This article offers a concise exploration of the fundamental distinctions between Hindu and Muslim Laws of Succession.
Hindu Succession Law
In India, the Hindu Succession Law governs the inheritance and succession of property among Hindus, encompassing Sikhs, Jains, and Buddhists. This law mandates the equitable distribution of a Hindu man's property among his immediate family, which includes his wife, children, and grandchildren. If there are no children, the property is shared among the wife, mother, and siblings. The history of the Hindu Succession Law has witnessed significant transformations.Before 1956, Hindu women had limited property inheritance rights. In 2005, substantial amendments were introduced to eliminate gender-based discrimination. These changes granted daughters equal rights to ancestral property, significantly broadening women's inheritance opportunities. In cases where a Hindu passes away intestate, without a will, the property is divided in accordance with the legal provisions.
Muslim Succession Law
Muslim Succession Law in India is governed by the principles of Islamic Shariah. This legal framework dictates the division of a Muslim's property among their legal heirs, categorized into sharers and residuaries. Sharers, including spouses, children, parents, and grandparents, are entitled to fixed portions of the estate, while residuaries receive the remaining share after the sharers. Shariah specifies the rules and proportions that determine each heir's share, aiming to ensure equitable distribution according to Islamic principles.
Key Differences
In India, property inheritance and succession among Hindus, which includes Sikhs, Jains, and Buddhists, are governed by Hindu Succession Law. This law distributes a Hindu man's property equally among immediate family members, such as his wife, children, and grandchildren. In the absence of children, the property is shared by the wife, mother, and siblings. Hindu Succession Law has a complex history, with significant changes over time.
Before 1956, Hindu women had limited property rights, but in 2005, substantial amendments removed gender-based discrimination. These amendments granted daughters equal rights as sons in ancestral property, expanding inheritance opportunities for women. When a Hindu dies intestate (without a will), property is divided according to the law.
On the other hand, the principles of Islamic Shariah govern Muslim Succession Law in India. According to this law, a Muslim's property is divided among legal heirs, categorized into sharers and residuaries. Sharers, including spouses, children, parents, and grandparents, are entitled to fixed portions of the estate, while residuaries receive the remaining portion after the sharers. The division is based on specific rules and proportions outlined in Shariah, ensuring equitable distribution in line with Islamic principles.
Source of Law:
Hindu Law: Hindu law is primarily governed by the Hindu Succession Act of 1956, which serves as a codified law for Hindus, including Sikhs, Jains, and Buddhists. It incorporates principles from ancient Hindu texts like the Vedas, Manusmriti, and Dharmashastra, but it also considers customary practices, legislative enactments, and judicial decisions as influential sources.
Muslim Law: In contrast, Muslim Law is not codified and is based on several primary sources. These sources include the Quran, which is the holy book of Islam, the Hadith, which comprises the sayings and actions of Prophet Muhammad, Ijma, which refers to the consensus of Islamic jurists, and Qiyas, which involves analogical reasoning. Muslim Law falls under the umbrella of Muslim Personal Law, covering various aspects of personal life, including inheritance.
Concept of Inheritance:
Hindu Law: Hindu law revolves around the concept of lineal descendants and coparcenary. In coparcenary, ancestral property is passed down hierarchically within the family. The Mitakshara and Dayabhaga schools of Hindu law govern the inheritance rights of different Hindu communities.
Muslim Law: Muslim law is characterized by strict individual ownership. Inheritance is divided among legal heirs based on prescribed shares outlined in the Quran. The system of inheritance in Muslim law is known as "Wills" (Wasiyya) and is based on the principles of specified shares and obligatory heirs.
Succession Rules:
Hindu Law: Hindu law recognizes both testamentary succession (through a will) and intestate succession (in the absence of a will). Amendments to the Hindu Succession Act have ensured equal rights for male and female heirs. For instance, the 2005 amendment granted daughters equal rights as sons in ancestral property.
Muslim Law: Muslim law emphasizes testamentary succession, encouraging the creation of a will. However, in the absence of a will, the property is distributed based on the rules of intestate succession.
Distribution Rules:
Hindu Law: Hindu law follows the concept of survivorship, where property passes by succession in case of death. It is divided among heirs according to their share, often subject to certain restrictions and conditions.
Muslim Law: Muslim law adheres to the principle of immediate succession, with the property devolving upon heirs immediately upon death. Distribution is based on prescribed shares, and there is greater flexibility regarding testamentary disposition.
Concept of Coparcenary:
Hindu Law: Hindu law recognizes the concept of coparcenary, a form of joint family ownership. It applies to ancestral property and includes male descendants up to four generations from a common ancestor. Upon the death of a coparcener, his share devolves upon surviving coparceners. Recent amendments have expanded the rights of females in coparcenary property.
Muslim Law: The concept of coparcenary is not applicable under Muslim law. In Muslim law, the inheritance is based on the principle of individual ownership, and each heir receives a specific share of the deceased's property.
Order of Succession:
Hindu Law: In the Hindu law of succession, the first line of heirs consists of Class I heirs, which include sons, daughters, and the widow. If there are no Class I heirs, the property passes to Class II heirs, which include parents, brothers, sisters, and their descendants. If there are no heirs in either Class I or Class II, the property devolves upon agnates (relatives through males) and, in their absence, upon cognates (relatives through females).
Muslim Law: In the Muslim law of succession, heirs are divided into two categories: Sharers (fixed shares) and residuaries. Sharers are specific individuals entitled to fixed shares, such as children, parents, and spouses. The remaining property, after the fixed shares are distributed, goes to the residuaries, who are more distant relatives.
Inheritance Rights for Women:
Hindu Law: Recent amendments in Hindu law provide equal rights to daughters in ancestral property, irrespective of their marital status or when the property was acquired. Daughters are now considered legal heirs and are placed under Class I heirs.
Muslim Law: In Muslim law, the inheritance rights of women are governed by the principles of fixed shares, which often result in a lesser share compared to male heirs. For instance, a daughter typically inherits half the share of a son.
Adoption:
Hindu Law:
Hindu law recognizes adoption with specific rules and conditions. Adopted children have the same rights as biological children, including the right to inherit property.
Muslim Law: Adoption under Indian Law by Muslim parents is not recognized. Instead, the practice of kafala allows for the legal guardianship of a child but does not grant inheritance rights.
Polygamy and Multiple Marriages:
Hindu Law:
Hindu law prohibits polygamy and recognizes monogamous marriages, meaning a Hindu can have only one spouse at a time.
Muslim Law:
Muslim law allows polygamy, permitting Muslim men to have up to four wives simultaneously. Each wife is entitled to a specific share in the husband's property, depending on the presence of other heirs.
Right of an Unborn Child:
Hindu Law: Hindu law acknowledges the 'right to property by birth'. A child in the womb at the time of the death of an intestate has the right to inherit property, with inheritance considered to vest from the date of the intestate's death.
Muslim Law: Muslim law does not acknowledge the 'right to property by birth'.
Government Succession:
Hindu Law: According to Section 29 of the Hindu Succession Act, if an intestate has left no qualified heirs, the property devolves to the government. The government takes the property subject to all obligations and liabilities.
Muslim Law: In Muslim law, if there are no legal heirs, the property of the deceased escheats to the government through escheat.
Understanding these differences is crucial for ensuring fair property distribution among Hindus and Muslims, and potential changes, such as the implementation of a Uniform Civil Code (UCC) in India, may significantly impact these laws by replacing personal laws with common civil laws for all citizens, promoting equality and secularism.
Case Laws:
Ramkali v. Mahila Shyamwati [1]
A widow is entitled to an inheritance equal to that of her son. If there are multiple widows, they will combine their shares to receive a portion equivalent to that of the son and then distribute it among themselves. This right applies to marriages that were legally recognized. In this case, it was established that a woman whose marriage was declared null and void upon her husband's death would not be considered his widow, and she would not have any claim to his property.
In situations involving divorce or remarriage, the widow (the deceased's wife) does not have the right to claim any portion of the property. However, in cases of judicial separation, the widow is entitled to a share of the property because judicial separation does not terminate the marriage; it merely signifies a legal separation while the marriage remains intact.
Kalyan Kumar Bhattacharjee v. Pratibha Chakraborty [2]
If none of the Class I heirs make a claim on the inheritance, it will then be transferred to the Class II heirs. An instance of this scenario occurred in the case of "Kalyan Kumar Bhattacharjee v. Pratibha Chakraborty," where the defendant's brother, Ranjit, who was unmarried at the time, inherited his sibling's share of the property. However, Ranjit disappeared without a trace, and his two surviving brothers subsequently divided the estate equally between them. Later on, the plaintiff's brother, Jagadish, created a will in which he bequeathed everything to the plaintiff and then passed away.
The defendants, at a later point, contested this arrangement, claiming, among other things, that the property originally belonged to three brothers: Kalyan, Defendant No. 1, Jagadish, and Ranjit. In the event of the demise of a single Hindu male, the property would be distributed to his Class II heirs.
Similarly, if there are no Class II heirs available, and Class III or IV heirs exist, the property will then be transferred to the Class III or IV heirs.
Syed Mohammed Abbas Ali Meerza vs. State of West Bengal [3]
In this legal case, the High Court examined the term "Primogeniture" in the context of succession law, concluding that it excludes females and favors the senior-most male member. The claim made by the legal heirs of Sajid Ali Meerza aligned with this interpretation and the Law of Primogeniture, as opposed to Shia Muslim Law.
Regarding Syed Mohammed Abbas Ali Meerza's claim, the High Court initially considered it based on his relationship through a female heir. However, it was later recognized that he also had a legitimate claim as the son of another male heir, as evidenced by a genealogical table. Consequently, Syed Mohammed Abbas Ali Meerza was allowed to pursue the case, and the High Court was instructed to consider the matter on its merits.
Conclusion
The Hindu and Muslim Laws of Succession in India are intricate legal frameworks governing property inheritance within their respective communities. These distinct systems have evolved over time, each characterized by unique principles and practices.
Hindu Law, codified under the Hindu Succession Act of 1956, emphasizes equitable distribution among family members and has seen significant amendments to promote gender equality. It recognizes coparcenary, allows testamentary and intestate succession, and ensures inheritance rights for daughters.
Conversely, Muslim Law is rooted in Islamic principles and lacks codification. It follows a strict individual ownership model with fixed shares for legal heirs. While testamentary succession is encouraged, intestate distribution is also defined.
These differences extend to the concept of coparcenary, the order of succession, inheritance rights for women, adoption, polygamy, recognition of the right of an unborn child, and government succession.
Understanding these distinctions is crucial for ensuring fair property distribution among Hindus and Muslims in India. It's worth noting that potential changes, such as the implementation of a Uniform Civil Code (UCC), could introduce uniform civil laws, transcending religious boundaries and promoting equality and secularism. India, with its diverse legal systems, respects the cultural and religious diversity of its citizens while upholding principles of justice and fairness.
References:
- D. Haldar and K. Jaishankar, 'Property Rights Of Hindu Women: A Feminist Review Of Succession Laws Of Ancient, Medieval, And Modern India' [2008] 665, available at http://www.jstor.org/stable/25654333?seq=3, last accessed on 4/08/2014
- Eliza Abraham, S., 2018. Short Note on Hindu Joint Family- Under Mitakshara and Dayabhaga. [online] Ijlmh.com. Available at: https://www.ijlmh.com/wpcontent/uploads/2019/04/Short-Note on-Hindu-Joint-Family-Under-Mitakshara-andDayabhaga.pdf [Accessed 26 September 2022].
- Reyaz, S., 2022. Muslim Law Of Inheritance. [online] Districts.ecourts.gov.in. Available at: https://districts.ecourts.gov.in/sites/default/files/jcjponduru.pdf [Accessed 26 September 2022].
- Faizul Haque, M., Mohammad Solihin, S., Ahmad, N. and Shah Jani, M., 2020. Women Rights to Inheritance in Muslim Family Law: An Analytical Study. [online] RESEARCH GATE. Available at: https://www.researchgate.net/publication/340687212_Women_Rights_to_Inheritance_in_Muslim_Family_Law_An_Analytical_Study [Accessed 26 September 2022].
- Mulla, Hindu Law (2), (Butterworths, New Delhi, 2001), 277.
- Bryan A. Garner (ed.), Black Law Dictionary, (West Group. St. Minn, 7th edition), 787.
- The Hindu Succession Act, 1956, Act No. 30, Acts of Parliament, India
- Ramkali v. Mahila Shyamwati, AIR 2000 MP 288
- Kalyan Kumar Bhattacharjee v. Pratibha Chakraborty, RSA No. 53 of 1998
- Syed Mohammed Abbas Ali Meerza vs. State of West Bengal, MANU/SC/0780/2014
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