APPLICATION OF HINDU LAW

• Law as understood by the hindus is a branch of Dharma an expression which signifies duty.

• In the earliest development during the Rigvedic Period, law was looked upon as symbolical of not only legal provisions but also of social order.

• In samveda law has been attributed with divine origin. It is said to have been created by God, by nature and by the spirit of the people. Law is not ‘made’ but ‘exists’ within and is born with the people.

• In Vedic Period, law was conceived of as existing to satisfy a paramount social need of general security. With the human relations becoming more & more complex in the society, diversity grew in greater degree and accordingly need was felt to discover certain forces which could hold the social relationship firm. Law came to serve that end.

• The author of Uprishad declares law to be more powerful than the power itself. In his opinion, law exists independent of any sovereign and is above the sovereign.

APPLICATION OF HINDU LAW-

Persons to whom Hindu Law applies-

1. Hindu by birth
2. Hindu by religion [converts to hinduism]
3. Illegitimate children where both parents are hinndus
4. Illegitimate children where father is a christian and mother is hindu and the children are brought up as hindus.

• If a parent belonging to twiceborn class inducts the child into a Hindu Family and brings him up as such, then the statute invests him with the status of a hindus and recognises him as a Hindu.

People who have changed religion- Where a hindu converts to Mohammedanism he will be, as a general rule, governed by the Mohammendan law. But a custom in the case of such converts follow their old law inn matters of succession & inheritance.

Persons to whom Hindu Law does not apply-

1. Illegitimate child, like that Hindu Father & Christian Mother and that child brought up in Christians.
   An example, Mohammendan Father & Hindu Mother and child also brought up in muslim.
2. Hindu converts to christianity.
3. To descendants of Hindus who have formed themselves into a distinct community with a Pecular religion and usages so different from principle of Shastras that community be regarded as outside Hinduism.
4. To convert hindu to mohammedan faith.

Extent of the application of Hindu Law-
As administered by court to all hindus with some alterations and modifications.
General Rule-
To all hindus in-
1. Inheritance
2. Religious Usages
Some others-
By virtue of express legislation on the principle of equity, justice.
Such matters are-
1. adoption, maintenance, marriage, succession, minority & guardianship.
2. family relations, wills, gifts.

Not only Hindu Law, all laws applied on Hindus.