cover image: The Tagore Law Lectures  1888  the Hindu Law of Adoption

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The Tagore Law Lectures 1888 the Hindu Law of Adoption

1891

A text of Vasishtha I which is said to afford the foundation for the Hindu -law of adoption explains the reason of the parents' power overeigildren in these words :— A son produced from the virile seed and the uterine blood an effect whereof the mother and the father are the cause : the mother and the father therefor% are'bompetent to give or sell or abandon him." The Rishi who flourished in a [...] In the Dattaka form of adoption the gift by the father and the acceptance by the adopter indicate no more than the transfer of dominion from the giver to the taker. [...] The primitive conception of marriage and of the relation of husband and wife was that the marriage transferred the patria potestas from the father to the husband and the wife was placed absolutely under the domnion and control of the husband. [...] as it were for the separate use of that particular member.' For any property acquired by joint exertion or 'with the aid of joint funds becomes the subject of joint right and in tile acquisition of a wife there might be the joint exertion of the members of a tribe as in a marriage by capture or expenditure of joinproperty as for paying the bride's price in the /Laura form. [...] Unless there be a special agreement between the owners of the seed and of the soil or wife the fruit belongs clearly to the owner of the soil or wife ; for the receptacle is more important than the seed : but the owner of the seed and of the soil or wife may be considered in this world as joint owners of the child or fruit when by special contract in considertion of the seed the soil is given.
law
Pages
500
Published in
India
SARF Document ID
sarf.144405
Segment Pages Author Actions
Frontmatter
i-xv Golapchandra Sarkar view
Lecture I. Origin of Adoption and Status of Sons and Wives in Ancient Law
1-34 Golapchandra Sarkar view
Lecture II. Doctrine of Spiritual Benefit and Twelve Kinds of Sons
35-67 Golapchandra Sarkar view
Lecture III. Sources of Law Commentaries and the Twelve Kinds of Sons
68-112 Golapchandra Sarkar view
Lecture IV. British Period Law of Adoption Factum Valet and Caste Rules
113-166 Golapchandra Sarkar view
Lecture V. Capacity of Males to Adopt
167-267 Golapchandra Sarkar view
Lecture VII. Who May Give and Who May be Given in Adoption
268-306 Golapchandra Sarkar view
Lecture VIII. Who May be Taken in Adoption or Capacity to be Adopted
307-367 Golapchandra Sarkar view
Lecture IX. Formalities and Ceremonies Necessary for a Valid Adoption
368-383 Golapchandra Sarkar view
Lecture X. Effect of Adoption on the Status and Inheritance of the Adoptee
384-419 Golapchandra Sarkar view
Lecture XI. Effects of Invalid Adoption and Litigation Relating to Adoption
420-444 Golapchandra Sarkar view
Lecture XII. Kritrima Son Adoption by Non-Hindus and Special Forms of Adoption
445-460 Golapchandra Sarkar view
Index
461-485 Golapchandra Sarkar view

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