Customary Law

Customary Law

Ownership and entitlement

The Indian customs and cultures are unique and diverse. In India, the law pledges for equality to all of its citizens. However , democracy does not apply to women, where the colonial legacy has contributed to their disinheritance. It is imperative to provide women with their democratic rights through enforcement of various laws such as access to individual resources through customary law. In India, the customary laws are favourable to the women in many tribes, although the property and land sentiment determine their identity (Haokip, 2018).

Succession and Inheritance

The succession act relates to the law of inheritance and succession in India. Every citizen in India is entitled to an equal share in the inheritance of properties after the death of the property owner. However, the Muslims, Buddhists, Hindus and the Sikhs do not follow this constitution since they have their succession laws. There is the introduction of various concepts, for example, the mitakshara law where a daughter gets a smaller share of the parent’s property compared to the son. The gender discrimination and bias in India, however, has raised conflicts and battles in most of the families in the northeastern part of India (Sangma et al.,2016).

Adoption

In the typical cases, the child usually enjoys the rights similar to the legal rights enjoyed by the heirs. In India, when a man died and had not developed a written will, then the class-I heirs have the right to inherit the properties. The unmarried children who are below 14 years  the child can be adopted if  the child had not been adopted earlier. The jews Christians and Islamic religions do not have legal requirements for the adoption of children. They are therefore supposed to take the guardianship law  under the Hindu law. The law states that the adopted child has the right to claim the properties of the new parent. The child can also inherit properties from the biological heirs and lineal descendants. On the other hand, the father can also inherit the properties off the adopted child (Haokip, 2018).

Marriage and family

In the Indian community, the family has been the most fundamental institution throughout the life of every individual from the past. The city is stable robust, resilient and close to each other.Most of the Indian families consists of four family generations which cooperate in economic and social activities. Conversely, in India, female children are not highly desired compared to male children. The male children are given more priveledges compared to female children. The marriage in India involves two parties or individuals for possessions, duty and physical desires (Sangma et al.,2016).

Maintenance of custom

The Indian government has enacted various acts, for example, the minority and the marriage laws. The laws would codify the current standards of the Indian community and their traditions. The bills provide for the adoption of children by following various legal obligations in maintaining the members of the family. The husband should provide for his wife according to the Hindu traditions among the Indians. The nullification can only happen when the thew wife commits adultery, or she shifts to another religion. The child should be maintained by her Barents, up to the age of the majority. In such a case, the law applies to illegitimate and legitimate children (Haokip, 2018).

Divorce

Conversion from one religion to another in the Indian culture leads to divorce. Continuity in the desertion periods in more than two years leads to the separation of two partners in the Hindu community. Abnormality, leprosy and other diseases may also lead to divorce in the city. New families in India do not file any form of a petition regarding their marriage differences, including separation for less than one year of relationship (Sangma et al.,2016).

Remarriage

In the Indian community, marriage is a very significant custom. The wedding involves various ceremonies such as the painting of the feet and the hand s of the bridegroom. The wedding is divided into sections, namely the leading wedding, the pre and the post-wedding.In the Indian community, the parents are not supposed to eat after giving the bride to maintain their purity. In India, the windows do not remarry. The remarriage restrictions do not allow them to take part in the ceremony.The Indian society and its entire society has been progressive due to  respect, politeness and  its general cultures and customs (Haokip, 2018).