Analysis of Section 14, Hindu Succession Act, 1956

Analysis of Section 14, Hindu Succession Act, 1956 STATEMENT OF PROBLEM Section 14 talks about property possessed by a Hindu female to be her absolute property, whether acquired before of after the commencement of the Hindu Succession Act, 1956. She will hold the property as an absolute, full owner and not as a limited owner. The section empowers the Hindu female to exercise her rights over her property in an absolute manner. Section 14 is the most significant provision in the Hindu Succession Act. METHODOLOGY AND SCOPE OF THE PROJECT The methodology is doctrinal. The sources used in this project are secondary sources in form of books. Primary sources are the case laws. In this project, we have discussed the object and scope of section 14. The position when alienation is done by a woman who is a limited owner and re-conveyance of the property to the limited owner by the alienee of the property alienated by her before the commencement of this Act, have also been discussed. The project is concluded spelling out the impact of section 14 on Stridhana. INTRODUCTION Prior to 1956, two kinds of properties were recognized by Hindu texts and writings with respect to women – Stridhana and non-Stridhana properties. Stridhana Property It occupies a prominent place in the Sanskrit law books that had been written in ancient India. Etymologically, Stridhana means female’s property. It includes gifts given to her at the time of marriage. On the subject of ownership of Sridhana property, a number of views existed. Doctrinal Diversity existed on the subject and these divergent outlooks only added to the difficulties surrounding the meaning of the term. The result was that, a term not difficult to understand in its etymological sense came to be understood in a narrow and limited connotation.[1] Stridhana is the property over which a woman has absolute right. A Stridhana property has two important characteristics- She could dispose it off as per her sweet will in whatsoever manner; Its her exclusive and absolute property and would devolve upon her heir. By virtue of Stridhana she would be a fresh stock of descent and her property will not go back to the reversioners. Non – Stridhana Property The woman at her wish could not dispose off this property. It could not go to her heirs at her death but would go back to the reversioners. This property is called woman’s estate or a widow’s estate. Under the classical law, non-Stridhana property was property acquired by her in any way. But Stridhana property was in form of gifts at the time of her wedding. With respect to woman’s estate, she was not a fresh stock of descent. She had limited interests. Though she could enjoy the property during her lifetime, she had limited rights over it. She could not alienate the property at her own sweet will nor could dispose it off. It is a limited estate. When the woman’s limited estate expires upon her death it would revert back to the reversioners that were the heirs of the last male holder of the property. In her lifetime, she had an ownership, title and interest in the property but it was limited. So, absolute rights lacked. Limited estate entails two limitations: No alienation or disposal of the property at woman’s own discretion; No creation of fresh stock of descent. Under very special circumstances, a woman could alienate her limited estate: Legal necessity (that is, for her own need and for the need of the dependants of the last owner); For the benefit of estate, and; For the discharge of indispensable duties (such as marriage of daughters, funeral rites of her husband, his shradha and gifts to brahmans for the salvation of his soul, etc.) Hindu women have always suffered with respect to property rights. She had an absolute right over the Stridhana but with respect to non-Stridhana property her interests were not absolute in nature. Though she had maintenance rights; recognized by law as moral, spiritual, legal and absolute right, but not beyond that. Section 14 brought about revolutionary changes in the law of succession with regard to Hindu females. Section 14 has converted existing woman’s estates into full estates. SECTION 14 Property of a female Hindu to be her absolute property. Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation: In this sub-section, â€Å"property† includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as Stridhana immediately before the commencement of this Act. Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property. SCOPE AND AMBIT Section 14(1) is partly prospective and partly retrospective. Prospective operation is that limited interest enlarges only in 1956 and after it. With respect to acquisition of property, there is retrospective operation. â€Å"Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.† The rule laid down under section 14(1) has a wide and extensive application and has to be read in a comprehensive manner. If a woman had a limited interest in any estate, as soon as this Act comes into force, the limited estate enlarges to absolute interest. She has full ownership of property acquired before or after 1956. Section 14(1) is an enabling clause; limited estate converts into absolute one. The object of sub-section (2) of section 14 is to make it clear that restricted estate can even after commencement of Act come into existence in case of interest of property given to a female Hindu, by operation of transaction inter vivos, by testamentary disposition, by decree or order of civil court under an award. Any such restricted estate created prior to the commencement of the Act will not be enlarged into full ownership by operation of sub-section (1) if the gift, will, other instrument, decree, order or award had prescribed a restricted estate. It has been held by Supreme Court that this sub-s (2) must be read only as a proviso or exception to sub-s (1).[2] â€Å"POSSESSION† Under Section 14, possession implies a lawful and legal possession or title or ownership. Hence, possession here implies ownership or title. There is the widest possible interpretation to this term. In 1956, this Act came into force and irrespective of whether she had actual possession or not, he rights were absolute. In 1959, in the case Gummalapura Kothuruswami v. Setra Veeravva[3], the word possession was interpreted. Court said here that â€Å"possession in section 14 is used in a broad sense†¦possession may be actual or constructive†¦Ã¢â‚¬  In 2002, in the case Muthuswami v. Angamal, distinction between legal and actual possession was laid down. Under Section 14(1), it is the legal possession that is important. It is not the possession in its narrow sense but the broadest. There must be a legal possession though there is not any actual possession. Under Section 14 (1) possession must be lawful and legal. Where a woman has lost possession of property before commencement of Hindu Succession Act, 1956, she is not entitled to avail benefits of Section 14(1). ALIENATION OF THE LIMITED ESTATE BY THE LIMITED OWNER BEFORE COMMENCEMENT OF ACT Before 1956, A Hindu female had a limited estate. There was no alienation at her sweet will. Where a Hindu woman makes an unauthorized alienation before 1956, she loses possession over that property, she is not entitled to benefits of Section 14(1). The alienee, even he or she cannot avail Section 14(1). Now the possession of property does not allow alienee to avail this subsection. To avail benefits of Section 14(1), the possession must be a legal possession. The alienee here cannot avail provision of Section 14 because it was the widow who made the alienation. Purpose of section 14 is to ameliorate the position of widow and not the alienee. Both the woman and the alienee are devoid of the benefit of s.14 (1) and the third party, i.e. the reversioners will be benefited. Where alienation is unauthorized reversioners can always challenge. There was a prospective abolition of reversioners after 1956. But reversioners do exist after 1956. On the death of the female owner the estate reverts to the heir or the heirs of the last owner as if the latter died when the limited estate ceased. Such heirs may be male or female known as reversioners. So long as the estate endures there are no reversioners though there is always a presumptive reversioner who has only a spes successionis in the lifetime of the widow. It is their vested interest. The property of the female devolves on the reversioners only when her estate terminates on her death. REMEDIES WITH THE REVERSIONERS They can file a suit in the court for a ‘declaratory decree’ under which the reversionary rights are protected. So despite unauthorized alienation, their reversionary rights are secure. They can demand from the court during the lifetime of the widow, that estate of the widow must be protected from damage or waste. But reversioners cannot bring any injunction to refrain a widow from making an unauthorized alienation. When a Hindu widow makes an unauthorized alienation, it is binding upon her and not on the reversioners. Estate is in favour of the widow or the alienor; it is binding upon her. Now alienee is entitled to all the rights which alienor was enjoying by alienation. But alienee gets a limited title. After unauthorized alienation, the limited estate has passed to the alienee – who has a limited interest in it. Because a Hindu woman cannot convey a better title than what she had, the alienee will also have a limited interest in the estate. When the alienor dies, i.e. the widow, the role of reversioners accrues. In the case of Kalawati Bai v. Soirya Bai [4], a Hindu female had inherited property from her husband by way of gift. In 1954, she gifted entire property to one of her two daughters. In 1968, the Hindu widow died and donee daughter, in whose favour the gift was made, took possession of the property. The second daughter objected this possession arguing that alienation was an unauthorized alienation. Since, the alienation itself is unauthorized, donee daughter does not have any right to possess the property. It was held that the other daughter would get half of the share from the entire property. After the death of the widow, the property goes back to reversioners, i.e. the heirs of the last male holder of the property. After widow’s death it will be presumed that her husband had died too. Since in 1968, the Act came into force; the two daughters will get equal half shares. RECONVEYANCE TO THE LIMITED OWNER BY THE ALIENEE OF THE PROPERTY, ALIENATED BY HER BEFORE THE ACT CAME INTO FORCE A rather unusual situation arises where an alienee from a limited owner, for instance a widow, re-conveys the property to the widow in consequence of a challenge by the reversioners or after reversioners obtain the decree declaring that the alienation would not bind the reversioners after the death of the widow.[5] The view has been taken that the widow would become the absolute owner of the property by operation of this section even though re-conveyance might have taken place after the Act came into operation.[6] In the case of Daya Singh v. Dhan kaur [7], A Hindu male died in 1933 and his widow inherited his property as a limited owner. After two months she gifted this limited estate of hers to her daughter Dhan Kaur. Daya singh, who was the brother of the deceased male, objected to the alienation made by the widow and filed a suit in the court. The suit was decreed in his favour. In the mean time, Act of 1956 was passed and the property got re-conveyed back to the widow. She then again made a second gift to Dhan Kaur. The widow died in 1963. The reversioners wanted to exercise their rights and challenged the validity of the second gift. Their contention was that the widow has already lost possession of the limited estate before 1956 while making first gift. But the court rejected the contention. It was held that reversioners in the lifetime of the widow have a mere right to succeed. Post 1956, when same property was re-conveyed back to the widow, it cures the defect in it and she becomes a full and absolute owner of the property. Her limited estate enlarges into a full estate. She then has every right to alienate it. OBSERVATION Absolute power of alienation was not regarded, in case of a female owner, as a necessary association to the right to hold and enjoy property and it was only in case of property acquired by her from particular sources that she had full dominion over it. The restriction imposed upon proprietary rights of a woman by Hindu Law depended on her status as a maiden, as a married woman and as a widow. They also depended on the source and nature of the property. The Act overrides the old law on the subject of Stridhana in respect of all property possessed by a female, whether acquired by her before or after the commencement of the Act and this section declares that all such property shall be held by her as the full owner. The Act confers full heritable capacity on the female heir and this section dispenses with the traditional limitations on the powers of a female Hindu to hold and transmit property. In Erumma v. Veeruppana[8], the Supreme Court examined the ambit and object of this section and observed: â€Å"The property possessed by a female Hindu, as contemplated in the section, is clearly property to which she has acquired some kind of title, whether before or after the commencement of the Act. It may be noticed that the Explanation to s. 14(1) sets outs the various modes of acquisition of the property by a female Hindu and indicates that the section applies only to the property to which female Hindu has acquired some kind of title, however restricted the nature of her interest may be. The words ‘as full owner thereof and not as a limited owner’ in the last portion of sub-section (1) of the section clearly suggest that the legislature intended that the limited ownership. In other words ownership of a Hindu female should be changed into a full ownership. In other words, s. 14(1) of the act contemplates that a Hindu female, who, in the absence of this provision, would have been limited owner of the property, will now become full owner of the same by virtue of this se ction. The object of this section is to extinguish the estate called â€Å"limited estate’ or ‘widow’s estate’ in Hindu Law and to make a Hindu woman, who under the old law would have been only a limited owner, a full owner of the property with all the powers of disposition and to make the estate heritable by her own heirs and not revertible to the heirs of the last male holder†¦. It does not in any way confer a title on the female Hindu where she did not in face possess any vestige or title.† The trend of more recent decisions of the Supreme Court has been to lay stress on the Explanation to sub-section (1). In one such decision, the Supreme Court adopted the approach of giving ‘a most expansive interpretation’ to the sub-section with a view to advance the social purpose of the legislation, which is to bring about a change in the social and economic position of women.[9] CONCLUSION The effect of the rule laid down in this section is to abrogate the rigid provisions against the proprietary rights of females and to recognize her status as the independent and absolute owner of the property. Section 14 is acting as a piece of social legislation promoting gender justice and equality between Hindu males and females. It is a revolutionary provision. Section 14 abolishes various kinds of Stridhana and property of every kind possessed by a Hindu female howsoever acquired and whether once acquired becomes now her absolute property. She will hold the property as an absolute, full owner and not as a limited owner. The section empowers the Hindu female to exercise her rights over her property in an absolute manner. The limited estate has been abolished and has been enlarged into the status of a full estate. Now the estate after a widow’s death goes to her heirs and not to the heirs of the last male holder of the estate. Section 14 is thus the most significant provision in the Hindu Succession Act. REFERENCES Books: Mayne’s Treatise on Hindu Law and Usage, 15th Ed., Bharat Lawhouse, 2006 Mitra, S.K., Mitra on Hindu Law, 2nd Ed., Orient Publishing Company, 2006 Desai, S.A., Mulla’s Hindu Law, Vol. 2, 19th Ed., LexisNexis Butterworths, 2006 Paras Diwan, â€Å"Family Law†, Allahabad Law Agency, Faridabad, (7th Edn., 2005). Mulla, â€Å"Principle of Hindu Law† Vol.II, in S.A. Desai Ed., Lexis Nexis Butterwoths, New Delhi, (19th Edn., 2005). Werner F. Menski, â€Å"Hindu Law: Beyond Tradition and Modernity†, Oxford University Press, New Delhi, 2003 Dr U.P.D. Kesari, â€Å"Modern Hindu Law†, Central Law Publications, 5th Edition 2006 Dr. N Maheswara Swamy, Hindu Law, ALT Publications, Hyderabad, 2011 A.C.Gupte, Hindu Law, Premier Publishing Company, Kolkata, 2005 S.A.Kader, Hindu Succession Act 1956, Eastern Law House, new Delhi, 2006 Legislations: The Hindu Succession Act, 1956 1 Section 14, Hindu Succession Act, 1956 | [1] Mulla, Hindu Law, Vol.2, 19th Ed., LexisNexis Butterworths, 2005, P.378 [2] Supra 1 [3] AIR 1959 SC 577 [4] AIR 1991 SC 1581 [5] Mulla, Hindu Law, Vol.2, 19th Ed., LexisNexis Butterworths, 2005, P.383 [6] Jagat Singh v. Teja Singh, AIR 1970 PH 309 (FB) [7] AIR 1974 SC 665 [8] AIR 1966 SC 1879 [9] Vaddeboyina Tulsamma v. Seshi Reddy, AIR 1997 SC 1944

The Cash Flow Statement

The Cash Flow Statement * A Cash flow statement is a financial report that shows the sources of a firm’s cash and its uses of cash. In other words, it answers the questions, â€Å"where did the cash come from? † and â€Å"where did the cash go? † Measuring Firm’s Cash Flow You can explain the cash inflows and outflows of a business by looking at three cash flow activities. * Cash flow activities: 1.Generating cash flows from day-to-day business operations It is the informative to know how much cash is being generated in the normal course of operating a business on a daily basis, beginning with purchasing inventory on credit, selling on credit, paying for the inventory, and finally collecting on the sales made on credit. 2. Buying or selling fixed assets. When a company buys (or sell) fixed assets, such as equipment and buildings, cash outflows (or inflow) result. These cash flows are not part of the regular day-to-day operations and, consequently, are not included in the income statement.They appear only as changes from one balance sheet to the next. 3. Financing the business. Cash inflows and outflows occur when the company borrows or repays debt; when it distributes money to the owners, such as when dividends are paid; or when the owners put money into the business in the form of additional equity. Profits versus cash flows * Entrepreneurs need to be aware that profits shown on a company’s income statement are not the same as its cash flows. * An income statement is not a measure of cash flows because it is calculated on an accrual basis rather than a cash basis.This is an important point to understand in section. * In Accrual-basis accounting, profits are recorded when earned- whether or not the profits have been received in cash- and expenses are recorded when they are incurred- even if money has not actually been paid out. * In Cash-basis accounting, profits are reported when cash is received and expenses are recorded whe n they are paid. * There are several reasons, including the following, that profits based on an accrual accounting system will differ from the firm’s cash flows; 1. Sales reported on an income statement include both cash sales and credits sales.So the total sales do not correspond to the actual cash collected. 2. Cash spent for inventory doesn’t represent all inventory purchases since some inventory is financed by credit. 3. The depreciation expense shown in the income statement is a noncash expense. It reflects the costs associated with using an asset that benefits the firm’s operations over a period of several years, such as a piece of equipment used over five years. What every small business owner should ask and understand is, â€Å"How do you compute your firm’s cash flow? †

Advertising and Stereotype Essay

Introduction: Good morning Ms McCurdy and class, everyday, from watching TV program to reading magazines, we are amazed with a big range of advertisements. Businesses spend heaps of money on creating advertisements to promote their products. Promoters not only create the advertise technique, symbolic and written codes but also stereotypes, which are commonly used. Stereotype is everywhere and usually majority focuses on woman. In ancient world, they usually stereotype woman as the person always stands behind men’s back but nowadays, woman often said to become stronger and successful. I have chosen an ad, which advertises for Maybelline lipstick products. The ad is a typically example to analyse about the stereotypical strong, successful and beautiful woman. Brief analysis symbolic aspects: The ad is made up of two parts, the left hand side and the right hand side. On the left hand side is a female model with a big brown pair of glasses, who is using Maybelline lipstick. And on the right hand side is the feature of the actual products and some of its introduction. As you may notice the setting, the ad is not divided into 2 equal halves but 1/3 and 2/3. When drawing or designing, designers usually avoid dividing their graphic because it will make the picture balanced and there is no focus point. If the designer makes the picture of model and the products equals, the readers would not pay attention on neither left hand side nor right hand side. Further more, we, readers usually tend to look at a subject from left to right. That’s why the designer arranges the model on the left and products on the right. So that when we look at the ad, we will eventually espy on the model’s lips with shiny colour and after that, a question immediately jumps into our heads is why her lips look so attractive. The answer will be revealed when we see the liquid glossy lip colour on the right hand side. This technique is called â€Å"transfer†, which is an idea that suggests us the positive qualities. As well as that, we might see that the model is wearing glasses. She must want to be fashionable but she wears light make up. Why.. She must put on mass of make up to be more attractive. The reason is because the producers want us to pay attention on her lips and the eyes are said to be the windows to soul. Therefore, they will attract more attention than the lips do, they should cover the eyes, so that we will focus on her dazzle lips. On the right bottom corner is the product in which the promoter is trying to persuade their customers to buy. Placing it beyond the pink bubble, it denotes that Maybelline lip colour is magical and there are many different colours. Colour is also an â€Å"ingredient† of a catchy advertisement. It is one of the major strategies in drawing the target audience’s eyes towards the design space, and then appealing their emotions to buy their products. Brown is a warm neutral colour. It presents for steadfastness, simplicity, friendliness, dependability and health. They choose brown as the main colour to match with the colour of products and model natural skin. Every feature such as glasses cloth and model make up all match with the brown background. Brown is believed to connote a kind, strong and determined woman. Technical Aspects: The ad applied low camera angle since they try to stereotype a powerful and successful woman. Additionally, her posture and gesture also affect the success of the ad. If the model is smiling brightly, it will reflect that the product make you look cute rather than sexy. If the model’s face is on eye-level, the ad has nothing mysterious or seductive. Words: Moreover, language is also a significant point that contributes into a good ad. On the top right hand side of the ad, there is a sentence that written in white capital letter said: â€Å"At the click of a wand! Concentrated shine perfectly defined fall under its spell† They use metaphor in this sentence. The lipstick is said to be a magic wand that when you click it, the shiny liquid from it will fall on your lips like you make a spell on it. I think Maybelline has an impressive slogan. It is â€Å"maybe she’s born with it. Maybe it’s Maybelline†. Really? Can you be born with a brown shiny dazzle lips? Can you be born with mass of make up, that call Maybelline. No, you cant, the producer uses another pun here, where it uses hyperbole to say that woman need cosmetic to fulfill and maintain their beauty. Stereotypes have been used: This advertisement stereotype a feisty woman, who still look beautiful even she wears plain make up. However, she still needs to wear lipstick to maintain her exquisiteness. The stereotype in this ad is appropriate for woman, who is in age of 25 – 30 because they usually be said as grow-up woman, they experience the life and become stronger but they are still woman indeed, still want to take care of their beauty along with the time is gone. Effectiveness of the advertisement and the sale pitch: The question that advertisement create towards target audiences is should they buy this products or not? What are their advantages if they purchase it? The promoter saying that if you buy the products, you will be noticeable in the crowd without being called a â€Å"plastic doll† with expensive cloth and â€Å"heavy† make up on your face that hide your true person. I believe that this Maybelline’s lip colours advertisement is very effective in numerous ways, like hiring an international model, Deepika Padukone, to be the ‘perfect woman’ in the design space. She is glamorous with her natural brown skin. This is a good ad, which stereotype another view-point of people towards female, where female is no longer weak and depend on male but determine and successful. Conclusion: In conclusion, not all females are seductive and a subservient object for men but I believe that everyone has their feisty heart and the beauty inside them. Stereotypes are assumption; they are not 100 % true. So don’t let it make you feel bad or not good enough compare to other people.

Critical Reviews of Brave New World Essay example - 742 Words

Critical Reviews of Brave New World Since the original publishing of Brave New World, the book has stirred up a brew of controversy. It has received many reviews both positive and negative. In this paper I will provide examples of both and look at the reasons behind them. My first review is a negative one. In the review the reviewer states as his main reasons for disliking the book are the obnoxious characters and plot holes. A few examples of this are that Bernard Marx is unhappy with his life and wants to expand his mind yet all he does is take random vacations to the Savage Reservation. The author of the review compares this to saying, â€Å"I’m having a bout with depression. I’m going to Iran,† then jumping on a plane and going. It†¦show more content†¦Also, Soma can be compared to Prozac. He feels that the society in Brave New World is one that compares closely to the feudal system is England where the leaders were born into their positions and servants were born into their positions and thus Brave New World is a satire warning America to be careful of where society is headed. (Epinions.com) With this review my opinion is a little split. I agree with what the author said about inequalities in health care and education, but I see no connection between Soma and Prozac. Prozac is used to treat a disease Soma is not. soma is used to let people escape their boring lives. Also, I agree with the comment that Brave New World can be seen as a satire because the feudal system was something used back in the dark ages and we humans like to think that we have moved past that and that we are better than that, but Huxley suggests that with all the technology and knowledge we gain we end up back where we started. The third review I chose was again a negative one. 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