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term Jurisprudence derived from a Latin term ‘Jurisprudentia’.

If we divide this word, we will get two different terms Juris and Prudentia. Juriprudentia=Juris+Prudentia.
Juris means law and the term prudential means science or knowledge of law.
So, Jurisprudence means science of law or knowledge of [Link] is also known as Legal Theory.
Objects and importance of Jurisprudence
The importance of this subject is very much. Without it, we can’t think of law or the development of law and social norms. Here
are the objects and importance of jurisprudence.
[Link] is developed by some of the biggest and best scholars and jurists in the world. It is an outcome of these Scholars’
efforts. This subject has its own intrinsic interest.
2. It aims at fundamental principles and concepts of law.
3. It gives a theoretical foundation of law.
4. It helps lawyers to learn the technique of analytical skills in the profession.
5. It describes all the legal terms and usages.
6. It aims at progressive law.
7. It deals with practicable concepts.
8. It is considered to be the eye and grammar of the law.
9. It sharpens a lawyer’s logic.
10. It helps the judge as well as a lawyer to think progressively.
Volksgeist is a term that refers to the general perception of a people or the spirit of the people.
It is made up of the two words "Volks" and "Geist".
"Volks" means "people" and "Geist" means "common will".
Volksgeist is one of the most well-known terms that refers to the mental, intellectual, moral, and cultural traits that define
particular human groups. Other related words include "Volksseele" ("folk soul") and "national character"
Friedrich Karl von Savigny, a German jurist and legal scholar, is considered to be one of the founders of the influential “historical
school” of jurisprudence.
Savigny believed that law is the product of the general consciousness of the people and a manifestation of their spirit. He also
said that law grows with the growth of people, strengthens with the strength of people, and finally dies away as the nation loses
its nationality Volksgeist is the concept of law propounded by Savigny. The term Volksgeist is made by the two words Volks
means people and geist means their common will. It means Volksgeist means the law is a common will of the people (spirit of
the people). In a simple sense, Volksgeist is a general and common perception of the people or the spirit of the people. The main
idea of Savigny behind this theory was that law is an expression of the will of the people and it doesn’t come from deliberate
legislation and it develops as the consciousness of the nation arises. The core of Volksgeist was that a legal system of a nation is
mainly influenced by the historical culture and traditions of the people and its growth was located in their
acceptance. Jurisprudential study of the theory:
As mentioned above, Savigny believed that the evolution of law can only be made by taking into account past considerations,
and without doing that it creates more amounts of confusion rather than solve it. According to Savigny, the origin of law lies in
the Volksgeist. For the purpose of this, he made a whole new school known as the Historical school of Jurisprudence.
Theory of Volksgeist by Savigny can be explained in the following heads:
1. Law prevails basically in society: According to Savigny, the law is the product of the people’s life living in a particular society
and it is the outcome of a culture of a society. It embodies the whole history of a nation’s culture and reflects inner convictions
that are rooted in society’s common experience. The Volksgeist gradually drives the law to develop over the course of history.
Thus, according to Savigny, a thorough understanding of the history of people/society is necessary for studying the law
accurately.
2. Law develops like a language: Savigny stated that law develops like a language. He said that law is a national character and
develops like a language in the nation, which not only binds people with beliefs and opinions in a group but also grows with the
development of society. The development of both elements goes hand in hand. It has no different existence, which follows them
but considers as one being. History is proof that law is developed according to the pre-existing manners in society and approved
by the national character, like language.
3. Law is a continuous and regular process: Law is a continuous and unbreakable process bound by the common culture and
beliefs of society, not the product of the day. It develops through the regular and continuous process of society. Customs and
usages in society are given common consent to be followed by the society in the beginning and the people follow them without
any hesitation, insured willingly, and those not follow become solitude in the society and finally, all have to become common and
this the thing takes the shape of law on the society.
4. Savigny’s opinion on codification of law: Savigny was against the codification of the law. He thinks that the development of
the law should be on the basis of historical knowledge and not by arbitral legislation.
5. The initial development of law is natural and later on, it is developed by jurists: He stated that in the early stages law
develops naturally/spontaneously according to the internal needs of the people but after people reached a certain level of
civilization, different kinds of national activity developed the law accordingly.

Jurisprudence sources of law can be classified into legislation, precedent, and custom.
sources of law in jurisprudence:
Custom: Custom is the primary source of law, and the only source when there is no direct authority. Customs have been
recognized by legislation and judicial decisions as society has [Link]:
Legislation refers to the statutory rules enacted by the [Link]: Precedent refers to previous judicial decisions.
Stare decisis: Stare decisis is a doctrine in legal jurisprudence that requires that rules of law established by a court of last resort
should be followed.
Other sources of law in jurisprudence include:
Analytical positivismThis school of thought believes that legislation is the normal source of law making.
Corporate personalityThis is an economic device that simplifies the task of coordinating legal [Link] personality of non-
human beingsThis is an artificial creation of the law that can be conferred on entities other than human beingsLaw refers to rules
or regulations backed by legal authority. It act as a guideline and applicable to all. Law is what state commands or it is a will of
sovereign. Law help to govern the behaviour and help to obtain conformity. Violation of law results in punishment. In civil society
law plays a very crucial role. Society cannot work smoothly without law. Thomas Hobbes describes the situation of war against all
when there is no sovereign. His book “Leviathan” describes the state of nature. Purpose of law is to ensure that the justice is
served and help to resolve [Link] are multiples sources from where law is derived such as customs, legislation, religion,
judicial decision, precedent, [Link] IS SOURCES OF LAW?Since we have seen that there are several sources of law, in this
paper we would deal with three main sources i.e. customs, precedent and legislation. Customs are known to be oldest source of
law. Along with customs, traditions, norms and values also played important role in establishment of law. Laws are also inspired
from religion and morality. After 13th century, legislation emerges as a major source of law. In a contemporary era, judicial
decision also acts as an important source of law. Other sources of law are Justice, Equity and Good Conscience.
1. CUSTOMS1.1. MeaningCustoms can be defined as unwritten rules or practices that are widely followed by people and have
obligatory nature. During ancient times people were governed by customs. Later these customs were adopted by other major
social institutions. It took a stricter form when it was adopted by legal or political entity. It has a long history of its conversion into
law. It can be better understood through a live example. During Hindu marriage ceremony, couple is supposed to take seven
round of holy fire. This is a well established custom and this customary practice of seven rounds was codified in section 7 of the
Hindu Marriage Act, 1955.1.2. EssentialsAll customs cannot be recognised as a law. There are some essentials that customs must
possess to be eligible of becoming a law. In the following paragraph we would be discussing the same. Customs must be
practicing for a long period of time (antiquity). It must be known to all not practice secretly. Moreover, it need to be reasonable
in nature and doesn’t violate the morality or established norms and values of the society. In addition to it, custom must not be
opposite to prevailing legislation. There are several cases where customs are abrogated by law (e.g. Child marriage, dowry,
etc.).1.3. TypesCustoms are broadly divided in two categories: customs without sanctions and customs with sanctions. Customs
without sanctions does not have any legal backing. They were merely followed since people are practicing it. Whereas customs
with sanction is obligatory in nature. Customs with sanction are of two types: legal customs and conventional customs.
Conventional customs are binding on the parties to an agreement.
2. PRECEDENT 2.1. MeaningPrecedent or judicial precedent played very important role in a legal system of any nation. It is
neither too old as customs not modern as legislation. Judicial precedent simply means previous decided judgments. It is binding
on lower [Link] plays very important role in deciding who has to follow whose decision. Higher court is bind to follow
judgement of Supreme Court. Other High courts are subordinate to each other and judgement of them holds persuasive value.
This hierarchical structure is given in our Indian constitution. Court plays very crucial role in interpretation of law and gives it
wider aspects.2.2. Essentials Judicial Precedent is binding in nature. It is hierarchical in nature as authority is seen while
determining who has to follow whose judgement. It is also known as judge made law. Judge plays important role in widening the
law.2.3. TypesPrecedent has two parts: Ratio Decidendi and Obiter Dicta. Only ratio decidendi is binding in nature. It gives that
reason used by judge while giving decision. Lower courts are obliged to follow it when same question of law arises. Whereas
obiter dicta does not hold any binding authority. It is a general observation of the judge and it only has persuasive value over
lower court.
3. LEGISLATION3.1. MeaningLegislation word is derived from Latin language. It literally means “making the law”. It is one
of the important sources of law since it is backed by legal [Link] is widely recognised by other institutions. It has two
meanings: first it means law making process and secondly, it means law itself.3.2. EssentialsFrom its meaning itself, essentials
can be derived. Following are some of the main essential:a. Legal backingb. It is a law making processc. Recognition etc.3.3.
TypesLegislation can be divided into two parts: supreme legislation and subordinate legislation. Supreme legislation means law
passed by Parliament. Subordinate legislation is made by authorities who are subordinate to the supreme authority or the
delegated authority of the sovereign. Followings are the part of subordinate authority:a. Autonomous Lawb. Judicial Rulesc.
Local lawsd. Colonial Lawe. Laws made by the Executive
Gifts Section 122 to 129, Chapter VII of Transfer of Property Act, 1882 deals with gifts. A gift is considered a gratuitous
transfer as an existing property is transferred in favour of another person without consideration. A gift between living persons
is intervivos (between the living) gift and it is a transfer of property within the meaning of Section 5 of this Act.
The following gifts do not come within the purview of this Act: i) Testamentary gift that is a gift by operation of law. ii) A
gift made in apprehension of death.
Section 122 of the Transfer of Property Act, 1882A gift is defined in Section 122 of the Act, which reads as follows:Gift is
the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person,
called the donor, to another, called the donee, and accepted by or on behalf of the [Link] when to be made – Such
acceptance must be made during the lifetime of the donor and while he is still capable of giving. If the donee dies before
acceptance, the gift is void.
Essential Elements of a Valid Gift
1. Transfer of Ownership A gift involves transfer of ownership as in this the whole interest of the person in the property is
transferred in favour of another [Link] person transferring the interest is known as the ‘donor’ and the person to whom the
interest is transferred is known as the ‘donee’.The donor must be competent to contract; he must be major as well as of sound
[Link] donee does not need to be competent to contract; a minor or a person of unsound mind though disqualified from
entering into a contract is capable of receiving the property.
2. Existing Property As per Section 124 of this Act, the gifted property must be in existence at the time of making the gift,
although its conveyance may take place either in future or in [Link] immovable and movable property may be gifted.A gift
of a future property is Also, a gift comprising of both the existing and future property is void as to the future [Link]
actionable claim is an existing property, and it can be gifted.
3. Transfer Without Consideration An essential feature of a gift is that it must be [Link] must be transferred
without any [Link] word ‘consideration’ has been defined in Section 2(d) of the Indian Contract Act, 1872 (ICA) and is
used in the same sense under the Transfer of Property Act, [Link] per Section 2(d) of ICA, when, at the desire of the promisor,
the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to
abstain from doing, something, such act or abstinence or promise is called a consideration for the promise.
4. Voluntary Transfer with Free Consent The gift must be made by the donor voluntarily, that is with his free will and
[Link] the consent of the donor is not free that is the consent has been given due to coercion or undue influence, then
the gift will not be a valid [Link] 15 and 16 of the Indian Contract Act, 1872 defines coercion and undue influence
respectively.
5. Acceptance of Gift Acceptance of the gift by the donee is necessary and the acceptance may be expressed or [Link]
the donee is a minor or of unsound mind, then the gift must be accepted on his behalf by a competent person.
Mode of Transfer Section 123 lays down two modes for effecting a gift depending on the nature of [Link] to Several Persons of Whom One
does not AcceptGifts may be made to two or more personsFor the validity of the gift, it is necessary that it must be accepted by all the [Link]
125 provides that a gift of a thing to two or more donees, of whom one does not accept it, is void as to the interest which he would have taken had he
[Link] or Revocation of GiftsAs per Section 126 of this Act, a gift which under an agreement between the parties is revocable wholly or partially at
the mere will of the donor is void wholly or partially as the case may be. It lays down two modes of revocation of gift which are as follows:Revocation by Mutual
Agreement:If the donor and the donee have agreed that on the happening of a specified event (not depending upon the will of the donor), the gift should be
revoked or [Link] by Recission as in the Case of Contractors:A gift will be revoked if it was not made with the free consent of the donor.A gift may
also be revoked in any of the cases in which if it were a contract, it might be rescinded. As per Section 19 of Indian Contract Act, 1872, a contract may be
rescinded in case of coercion, undue influence, fraud and [Link] of Section 126 do not apply to an incomplete gift, such a gift can be
revoked at any [Link] of GiftsVoid gifts may be divided into two types:Void GiftsOnerous GiftsVoid GiftThe following gifts are included in the category of void
gifts:Gifts depending on unlawful [Link] made upon a condition, the fulfillment of which is impossible or forbidden by [Link] by a person incompetent
to [Link] the donee of the gift dies before acceptance.A gift comprising of both the existing and future property is void as to the future
[Link] GiftsA gift is said to be onerous when it is accompanied by a burden or [Link] section is based on the maxim ‘qui sentit commodum
sentire debetet onus’ which means that he who receives advantage must also bear the [Link] 127 of this Act deals with the concept of Onerous Gifts. It
states that:Where a gift is in the form of a single transfer to the same person of several things of which one is, and the others are not burdened by an obligation,
the donee can take nothing by the gift unless he accepts it [Link] a gift is in the form of two or more separate and independent transfers to the same person
of several things, the donee is at liberty to accept one of them and refuse the others, although the former may be beneficial and the latter [Link] Gift
to Disqualified Person - A donee not competent to contract and accept a property which, burdened by any obligation, is not bound by his acceptance. But if, after
becoming competent to contract and being aware of the obligation, he retains the property given, he becomes so [Link] DoneeSection 128 deals with
the concept of universal donee. It states that:Subject to the provisions of section 127, where a gift consists of the donor's whole property, the donee is personally
liable for all the debts and liabilities of the donor at the time of the gift to the extent of the property comprised [Link] Donee is the person who gets
the whole property (both movable and immovable) of the donor under a [Link] CausaSection 129 deals with the Gifts which are made in contemplation of
death and known as donatis mortis causa. Such gifts are exempted from the operation of chapter VII by virtue of Section [Link] exemption is made in
favour of gifts which are governed by Muslim personal law.
Fraudulent Transfer
Section 53 of the Transfer of Property Act, 1882 talks about fraudulent transfers. Every owner of a property has the right
to transfer his property as he likes. But the transfer must be made with a bonafide intention. Where the transfer is made with a
fraudulent intention, it means intending to defeat the interest of the creditor or interest of any subsequent transferee. Where
the transfer is made with a fraudulent intention, the object of the transfer would be bad in the eyes of equity and justice, though
it is valid in law.
Essentials of Fraudulent TransferThe three essentials of a fraudulent transfer are:Transfer of immovable property.
1. Made with intent to defeat or delay the creditors of the transfer.
2. Shall be voidable at the option of the creditor so defeated or [Link] the provisions of this sub-section shall not affect:
 A. The rights of subsequent transferee in good faith, for consideration.
B. Any law for the time being in force relating to insolvency.
Important points:Partition and family settlement are not transferred under this act. So this section may not apply to partition or
family [Link] transfers mean fictitious transfer/Benami transfer, which is outside the scope of this [Link] 53
safeguards the interest of a creditor in case of only real transfer, which is made with a fraudulent intention. On the other hand, a
sham transfer is actually not a real [Link] 53 applies to transfers only of immovable properties. The provisions of this
section do not apply to a transfer of movable [Link] Sahu and Another vs Hakim Lal and Another, 1915Privy Council
held that transfer of property by a debtor to one creditor in preference of the other is not a fraudulent transfer with the intent to
defeat or delay the interest of other creditors.
Transfer of Property means an act by which a living person can conveys property, in present or in future, to one or more other
living persons, or to himself, or to himself and one or more or other living persons, and to transfer property is to perform such
act.
Object of the Transfer of Property Act is to define and amend law relating to Transfer of Property by act of parties and not to
transfer by operation of law. A Transfer of Property is a contract hence all necessary requirements to constitute valid contract are
to be fulfilled.
Essentials of valid transferThere are 8 essentials of Transfer of Property , which are as follows -
A) Transfer must be between two or more living Persons (Section.5) - The Transfer must be inter vivos. Therefore there
cannot be a transfer to person not in existence at the time of transfer. The living person including company or Association or
body of individuals whether incorporated or not .
B) The property must be transferable (Section. 6) -Property of any kind of may be transferred, excepts as otherwise mentioned
in S.6(a) to (I) cannot be transferred. Therefore those properties described in the clauses (a) to(I) of Section.6 cannot be
transferred. These are restrictions on the Transfer of Property and any transfer in contravention of any of the clauses given in
Section 6(a) to (I) is null and void.
C. The Transfer must not be - 1) opposed to the nature of interest affected thereby Section.6 (h) ; 2) for unlawful object
and consideration as per provision of Section 23 of the Indian Contract Act 1872, which provides a consideration or object
is unlawful if - a) It is Forbidden by law, or b) It is of such a nature that it defeats the provision of any law, or
c) is fraudulent, or d) it involves or implies injury to the person or property of another or e) the court regards it
as immoral or opposed to public policy.3) To a person legally disqualified to be a transferee. As per Section 136. of Transfer of
Property Act, a Judge, a legal practitioner are an office are connected with Court of Justice are disqualified from purchasing in
actionable claim. This prohibition is only with respect to actionable claim. It does not apply to any other kind of property.
D) Persons competent to transfer (Section.7) -Every person is competent to contract and entitle to transferable property, or
authorised to dispose off Transferable property not his own, is competent to transfer such a property either wholly or in part,
and either absolutely or conditionally, in the circumstances to the extent and in the manner, allowed and prescribed by any law
for the time being in [Link] is competent to transfer ? The transfer your must be -1) Competent to contract - According to
Section 11 of the Indian Contract Act, every person is competent to contract who is the age of majority. under section.3 of the
Indian majority Act,1875 a person attains majority at the age of 18 years and if a Guardian is appointed, he would attend
majority at the age of 21.2) Sound mind -Under section 12 of the Indian Contract Act, a person is of sound mind of the purpose
of making contract if he is capable of understandings it and of forming a rational judgement as to its effect upon his interest. A
contract made by a person of unsound mind is void3) Disqualified person -An insolvent and alien enemy are disqualified from
contracting. A transfer by a defacto Guardian of minors property is invalid and will be hit by section 11 of Hindu minority and
guardianship Act, 1956.4) Transferor must be entitled to transferable property - or authorised to dispose off Transferable
property not his own. One who is absolute owner of the property and property is free from encumbrances is capable to transfer
the same. An owner of the property May authorise his power of attorney holder to transfer the property for him and on his
behalf.
E) The Transfer must be made in the mode prescribed by the Act, under section 9 . -Section 9 of Transfer of property provides
that for oral transfer, A Transfer of Property may be made without writing in every case in which a writing is not expressly
required by law. Writing is necessary in case of following instruments -1) sale of immovable property of the value of rupees
hundred or upwards (S.54),2) leases of immovable property from year to year for a term exceeding one year or reserving a yearly
rent (Section 107)3) simple mortgage irrespective of amount secured (Section 59 ),4) All other mortgages securing Rs100 or
upwards (sec 59)5) Exchange ( section 108)6) Gift of immovable property (section 123)7) Transfer of actionable claim (sec 130)
F) If on transfer an interest in created in favour of an Unborn person - under section 13 ,a) limited interest to be created in
favour of living person,b) Unborn person shall be born before expiry of Limited interest,c) Once the Unborn person is born, he
shall be given absolute interest on attending the age of majority.
G) The Transfer must not be contrary to the rule against perpetuity (section 14) -S.14 provides that vesting cannot be postpond
beyond the life of living person or minority of unborn person. Such transfer if made is void.
H ) Conditional transfer -If transfer is conditional, the condition must not be illegal, impossible, immoral or opposed to public
policiesRelevant Case Law1) Sadiq Ali Khan Vs. Jai kishore,[Link] Council observed that a deed executed by a minor was
nullity. Principle of estoppel cannot be applied to a minor. A minor is not competent to transfer yet a transfer to a minor is valid .
Rehabilitation Grant : Chapter 4(Section 65-84) of the Uttar Pradesh Zamindari Abolition and Land Reform Act, contains all the
provisions regarding compensation, and
Chapter 5 (Section 85-105) contains all the provisions regarding rehabilitation grant. The U.P Zamindari Act and Land Reform Act
changed the land law and abolished the zamindari system. All the zamindars were stripped off all their land rights, and all their
estates were taken away by the state government. The state government gave all the zamindars or intermediaries compensation
and rehabilitation grant in return of the land taken by the government. The aim of giving compensation is to compensate the
zamindars who had to give up their property. Rehabilitation grant was introduced to give former intermediaries an opportunity
to find a new livelihood and find other alternatives for rehabilitation.
Application for rehabilitation grant According to Section 79, an intermediary entitled to be paid the grant may within three years
from the date it has become payable under Section 74 or within three years from the date of commencement of the Uttar
Pradesh Land Reforms (Amendment) Act, 1958, whichever maybe later, apply in writing to the Rehabilitation Grants Officer for
determination and payment of the grant.
Determination of the amount of rehabilitation grant According to Section 97, after the statement under Section 92 has been
prepared, the Rehabilitation Grants Officer shall determine the amount payable as rehabilitation grant to each intermediary.
According to Section 98, the amount of the grant is subject to such marginal adjustments as may be prescribed. The amount
payable as rehabilitation grant to an intermediary shall, except in the case of waqf, trust or endowment, be such multiple of the
net assets mentioned in the statement prepared under Section 92 as may be applicable in accordance with the table given in
Schedule I.
Appeal for dismissing the application According to Section 101, an appeal shall lie to the District Judge from any order of the
Rehabilitation Grants Officer dismissing an application under Section 85 or disposing of an objection under Section 88, or from
any order under Sections 90, 98, 99, 100-A or 100-B.
Difference between compensation and Rehabilitation Grant There are differences between compensation and rehabilitation grant; they can
be summarized as follows:Rehabilitation Grant is only paid to a Zamindar or intermediary, whereas compensation is given to intermediaries and
thekedar [Link] grant amount, when given rehabilitation grant, can range between one to twenty times the net assets of the zamindar
whereas compensation is given at a fixed rate of eight times of the net assets of the zamindar or [Link] application process is
compulsory to receive rehabilitation grant, but it is not compulsory in case of payment of [Link] grant is given from the
date on which the amount of compensation is set. Compensation is given from the date of vesting, except when given to waqf, trust or an
[Link] is no interim rehabilitation grant, but interim compensation is [Link] deciding the amount of rehabilitation, transfer of
land by sale or gift is not taken into consideration while when deciding on compensation, transfer of land through sale or gift is to be taken into
[Link] of land revenue and specific government dues cannot be recovered from rehabilitation grant; they only to be recovered
through compensation.“Zamindari Abolition Rehabilitation Grant Bonds” are not interesting bearing bonds whereas “Zamindari Abolition
compensation Bonds” are given at an interest rate of 2.5% per annum from the date of [Link] case of compensation, the first appeal lies
from the order of the compensation officer to the district judge and the second appeal lies to the High Court. Whereas an appeal lies to the
district judge on order from the rehabilitation grant officer. For rehabilitation grant, there is no second appeal only revision petition is allowed
in the High Court.

Classes on Tenure Holders : 1. Bhumidhar, 2. Sirdar or Bhumidhar with non-transferable rights 3. Asami 4. Adivasi
Bhumidhar with transferable rights: Section 130 of the U.P. Zamindari Abolition and Land Reform Act, divides bhumidhar with
transferable rights into four classes:Every person who gained ownership of land or became a bhumidhar after the abolition of
zamindari by the [Link] person who became a sirdar after the abolition of zamindari in 1950 and had paid ten times of the
land revenue to acquire bhumidhari [Link] who was a sirdas before the UP Land Laws (Amendment) Act, 1977 was
enacted and had the right to acquire bhumidhari rights by paying ten times of the land revenue. Any person, other than the
above categories, who acquires bhumidhari rights through any other manner with transferable rights in accordance with the
provisions of the U.P. Zamindari Abolition and Land Reform Act.
Bhumidhar with non-transferable rights: According to Section 131 and Section 131A of the U.P. Zamindari Abolition and Land
Reform Act divides Bhumidhar with non-transferable rights into five categories. These are:Anyone who has been admitted as sirdas in
accordance with Section 195 of the U.P. Zamindari Abolition and Land reform Act which gives the Land Management committee the right to
admit any person as a bhumidhar with non-transferable rights subject to conditions laid down in the said section before 1977 amendments
were [Link] Act also includes a person who has acquired bhumidhari rights in accordance with the provisions of the Uttar Pradesh
Bhoodan Yojna Act, 1952. Every person with surplus land under Section 26 A or under subsection (3) of Section 26 A has surplus land that has
been settled. It includes every person in Sonbhadra district, south of Kaimur Range, who is a cultivator and is in possession of the land which is
vested in Gaon Sabha or belongs to the state government, before 30th June, 1978. In the portion of District Sonbhadra, South of Kaimur Range,
every person in cultivator possession of any land, vested in a Gaon Sabha or belonging to the state government, before June 30, 1978, on three
conditions:It is not land notified under Section 20 of the Indian Forest Act, [Link] does not exceed the maximum ceiling area determined
under the UP Imposition of Ceiling on Land Holdings Act, [Link] is not land mentioned under Section 132 or Section 133 A. It includes anyone
other than the above-mentioned categories who have acquired non-transferable bhumidari right in any other manner in accordance with the
provisions of the Act.
Asami:The Amendment Act of 1977 divides Asami tenure holders into four classes. They are as follows: Every person who
acquired Asami rights after the abolition of zamindari. Every person who has been admitted by the Land Management
Committee under a bhumidhar as a lessee of the [Link] who is admitted as a lessee of land under Section 132 by the Land
Management Committee or a person [Link] who has acquired the rights of an Asami through any other way under the
Act or any other law.
Zamindari system was introduced in India under British rule. Lord Canning, the first Viceroy of India, was the first one who came
up with the system of landlords. The Britishers established the zamindari system for expediency and administrative convenience.
The zamindars were, in fact, a convenient stick in the mud of a social base for establishing British rule over the working class.
After India gained independence, many of the newly established states passed a Zamindari Abolition Act.
Salient Features of the Uttar Pradesh Zamindari Abolition and Land Reforms Act,19501.
1. Abolishment of Zamindari System
2. Compensation
3. Rehabilitation Grant
4. Cultivating Rights are Protected
5. Simplified tenure system
6. Prohibition of letting
7. Prohibition for the Accumulation of land
8. Prohibition for the Creation of Uneconomic holding
9. Uniform Rule of Succession
10. Establishment of village Republics
11. Structures on the land remained with the existing owner
1. Abolishment of Zamindari System The Act abolishes the zamindari system by removing the zamindars or intermediaries between the
government and peasantry starting coming into force from July 1, 1952, i.e. the date of vesting. All the rights, interests and titles of the
zamindars now shifted from zamindars to the government of Uttar Pradesh. Zamindars were not only deprived of their rights in the upper
portion of the land but in the sub-soils as well.2. Compensation The Act gave all the Zamindars who were deprived of their rights, title interest
in any estate, the right to acquire a fair compensation from the state. The compensation is eight times the value of the net assets of the
zamindar. No distinction is to be made between the bigger zamindars and the smaller ones, or between the main intermediary and the
Thekedar and between an artificial person like waqfs, trust and endowments and a natural person.3. Rehabilitation GrantFurthermore, a
compensation rehabilitation grant is also given. Only the zamindars are entitled to this grant. The zamindars who are entitled to both
compensation and rehabilitation grant, are those who are paying annual land revenue up to Rs.10,000. Rehabilitation grant is given at graded
rates ranging between one to twenty times of the net income, whereas compensation is given at a uniform rate of eight times of the net assets.
The grant is proportional to the income of the zamindar; it is highest for those with low incomes and lowest for those who have comparatively
larger incomes.4. Cultivating Rights are ProtectedThe underlying philosophy behind the Act is that the one who cultivates the land should be
the owner of the land. This philosophy has been fully enshrined in the Act. The Act protects everyone’s cultivating rights from a zamindar, a
Thekadar, or a mortgager of an estate, to a tenant or a sub-tenant. Zamindars retained the land they had not rented out as ‘sir’ and ‘khudkasht’
land [khudkasht land means land cultivated (Kasht) by the Zamindar by himself (Khud) Khud means by his own labour, by the labour of his
family members, his private servants, his farm servant or by hired labour] and became Bhumidhar or owner of such land. In the same way, the
tenant of sir or khudkasht land and the subtenant became Adivasi. Thus everyone who was cultivating the land retained the possession of that
land.5. Simplified tenure systemThere were fourteen categories of land tenures all complex and bewildering before the enforcement of the U.P.
Zamindari Abolition & Land Reform Act. The Act narrowed down and classified the land tenures into four categories, namely Bhumidhar, Sirdar,
Asami and Adivasi… The fourth category of Adivasis was later merged into Sirdars by an Amendment in 1954.6. Prohibition of lettingThe Act
prohibits the tenure holders from letting out their holdings to anyone, whole or part for any period of time. The right of a tenure holder comes
to an end if he lets his land to anyone. There are exceptions to this rule; the tenure holder has the right to let his land on certain humanitarian
grounds, for example, to anyone suffering from mental or physical disease or a person who has a legal disability and who are not able to
cultivate the land on their own. Such persons include women, idiots, lunatics, minors, a blind person, student or a person in detention or
imprisonment.7. Prohibition for the Accumulation of landSection 154(1) for the Uttar Pradesh Zamindari Abolition and Land Reform, puts a
ceiling, to prohibit accumulation of land. A tenure holder cannot acquire more than 12.5 acres of land through purchase or gift, even with
his/her spouse or minor children. This section was brought in to avoid the concentration of land in the hands of a few people, which could lead
to the system of zamindari to resurface. Persons having more than 12.5 cannot have any other land by purchase by the gift, but they shall
retain their holdings.8. Prohibition for the Creation of Uneconomic holding The Act prohibits the court to divide the holding (or holdings), the
area of which is 3-1/8 acres or less. Whenever in a suit for division the court finds that the aggregate area of land to be divided does not exceed
3-1/8 acres the court shall instead of proceeding to divide the land, direct the sale of the same and distribute the sale proceeds in accordance
with the respective shares of the parties. In 2004, this provision was amended to allow the transfer of land, even below the earlier specified
limits.9. Uniform Rule of SuccessionAlong with intermediaries or zamindars, the Act also removes religion from land laws. According to the Act
under Section 171 to 175 when a tenure holder dies, all of his holdings shall go to his or her heirs. There is no exception to this rule of
succession; it is applicable to all classes of landowners whether a Bhumidhar, Sirdar or an Asami and it is applicable to all religion whether he is
a Hindu, a Muslim or a person practising a religion other than Hinduism or Islam. 10. Establishment of village RepublicsThe Uttar Pradesh
Panchayat Act 1947 had established two institutions, the Gaon Sabha and the Gaon Panchayat before the enactment of the Uttar Pradesh
Zamindari Abolition and Land Reform Act 1950. The U.P Zamindari Abolition and Land Reform Act set up two new institutions, the Gaon Samaj
and the Land Management Committee. The Act vested all the estates which were vested in the state Government to the Gaon Sabha and the
land management committee, which was the special executive body of the Gaon Sabha. Gram Sabha was vested with all lands of common
utility such as ‘Abadi sites’(abadi land is land used for purposes other than agriculture, for example, industrial purpose, residential or public use
like schools), pathways, wasteland, fisheries, village forests, hats, bazaars and melas. This system makes a village a small republic. The Act
intends to create a co-operative community which will facilitate economic and social development and will encourage social responsibility and
community spirit.11. Structures on the land remained with the existing ownerAll the structures in the zamindari estate were not taken away
from the current owner. They remained in their possession, like all the trees and wells in the ‘Abadi’ and all buildings situated in the zamindar
estate.
Haq-shufa (pre-emption) Haq means right. So, haq-shufa means right to subsequent purchase of a property adjacent to own
from another fresh purchaser. In practice it means a right to dislodge a fresh purchaser and step in his shoes in respect of an
adjacent property. It is a right to dislodge stranger from entering into ones neighborhood
Bishan Singh v. Khazan (1958), the Supreme Court summarized the rules and nature of pre-emption:
•The right of pre-emption is the right to offer the property to be sold. It is the inherent right or the primary right of
the adjacent property’s owner.
•It is the remedial right of the pre-emptor to follow the thing sold.
•It is not the right to repurchase; it is the right of substitution.
•It is right to acquire the whole property, not the part of it.
•Preference is the essence of the right.
•The right provided is weak and can be defeated by appropriate methods.

Mitakshara and Dayabhaga schools goes back to ancient India. These schools of Hindu law focus on property inheritance and
individual rights to property.
Mitakshara School: The Mitakshara school was established by Vijnanesvara, a scholar from the Chalukya dynasty in the 12th
century. His work, the Mitakshara, is a respected text on Hindu law, specifically a commentary on the Yajnavalkya Smriti. This
school is mainly followed in North India and has wide [Link] this school, the idea of family property is important, where all
family members have a claim to ancestral property. The property is inherited through the male lineage and sons share it equally.
The Mitakshara school also recognises the right to create a will to distribute property.
“Dayabhaga” comes from Sanskrit, where “Daya” means compassion and “Bhaga” means share. This school places more
importance on an individual’s right to property compared to the Mitakshara school. In the Dayabhaga school, an individual has
complete control over their property’s distribution. Sons and daughters do not inherently inherit their parent’s property;
inheritance follows either the deceased’s will or rules of inheritance based on the closeness of the [Link] Dayabhaga school
is renowned for its commentary on the Manusmriti (Hindu law code), authored by Jimutavahana. This commentary, known as
the Dayabhaga, serves as the primary legal source for this school.
Parameters Dayabhaga Mitakshara
Joint Family System Includes both male and female family members Focuses on male members of the family
Sons, grandsons and great-grandsons have rights by
Right to Property Children gain rights after father’s death
birth
Involves physical separation and individual
Partition Partition is based on defined shares
ownership
Provides stridhan and equal rights in husbands’ Women have limited rights and can’t demand
Rights of Women
property partition
Features Considered a more liberal system Considered a more conservative system

Pious Obligation : 'Pious' means religious or moral and 'Obligation' means duty. The doctrine of pious obligation is the special
type of liability on the son to pay back his father's debt. In general terms son, grandson and great-grandson are liable to repay
the debt of their father, grandfather, and great-grandfather
Doctrine of Pious Obligation is a significant aspect of Hindu Law. It states that a son is responsible for paying the debts of his
father, grandfather, or great-grandfather after their death. This moral duty also extends to the grandson and great-grandson
The doctrine is solely religious, and it only applies to debts that are vyavaharika. If the debts are not vyavaharika, the doctrine of
pious obligation does not apply
The Hindu Succession (Amendment) Act, 2005 abolished the pious obligation of the son
Essentials : doctrine of pious obligation, a son is liable to pay the debts if:
1. The debts were of a Vyavaharika nature.
2. The debts were contracted when the coparcenary (joint family) was intact.
3. The debt was contracted before partition, but the liability to pay arose after partition.
Scope : Indeed, under the Doctrine of Pious Obligation in Hindu law, the extent of liability for the debts owed by the father,
grandfather, or great-grandfather is limited to the principal amount, not the interest on the debt. This means that the
descendants are responsible for repaying the original borrowed amount but are not obliged to pay any interest that may have
accumulated over time.
Though not codified, the Doctrine of Pious Obligation in Hindu law holds profound significance in guiding a son’s moral duty to
repay his father’s debts for ensuring spiritual salvation. Despite the absence of specific laws, key judgments from the Apex Court
and High Courts have upheld the principles of Hindu Undivided Family (HUF) and remain relevant.
Advocacy is a noble profession that plays a crucial role in the administration of justice. Advocates, also known as lawyers, are
legal professionals who represent their clients in courts and provide legal advice and assistance in various legal matters.
Rights of advocates are protected by the Advocates Act, 1961 which outlines the legal framework governing the legal profession
in the country. These rights ensure that advocates can effectively perform their duties towards their clients, the court, and the
legal system while upholding the principles of professional ethics and integrity
1. Right to Practice (Section 30)
2. Rights of Advocate to Pre-audience
3. Right to Freedom of Speech and Expression of a Advocate
4. Advocate’s Right to Enter any Court and Observe the Proceedings
5. Rights of Advocate Against Arrest
6. Rights of Advocate Meet with Accused
7. Rights of Advocate to Secure the Privacy of Communication
8. Right to Take Fee9. Rights of Advocate to Refuse a Case

Qualities of Advocate should have the following qualities:

Honesty: Advocates should be honest and loyal to their clients.
Integrity: Advocates should be people of integrity and character.
Legal learning: Advocates should have a basic understanding of the concepts of good advocacy and the ability to perform the
essential skills of an advocate.
Persuasive communication: Advocates should be able to communicate their arguments clearly and convincingly in order to
persuade others to support their cause.
Interpersonal skills: Advocates should have excellent interpersonal skills to foster amicable relationships with others.
Comprehension skills: Advocates should understand and absorb information in an organized and comprehensible manner.
Other qualities of a successful advocate include: Patience and perseverance, General education, Memory, Study of Law Reports,
Use of legal phraseology, Manner in court
The practice of law is a noble profession. Therefore, conforming one's conduct and behaviors to a certain set of
professional norms is an important aspect of this profession.

Contempt of Court is a serious offense that involves disrespecting or obstructing the functioning of a court. It can include:
i. Disrupting court proceedings
ii. Interfering with attempts to obtain evidence
iii. Destroying evidence
iv. Disobeying a court order
v. Intimidating witnesses
vi. Being impolite to legal authorities in the courtroom
vii. Rebelliously failing to follow a court order
A judge can impose fines and/or jail time on anyone who commits contempt of court. The person is usually released
when they agree to fulfill the court's wishes.
In India, contempt of court is considered civil when someone disobeys a court order. It is considered criminal when
someone says or does anything that prejudices, scandalizes, or interferes with judicial proceedings and the administration of
justice.
Civil contempt is aimed at compelling future compliance with a court order and can be avoided through obedience.
Essential
i. There must be a judgment or order of a court
ii. Knowledge of the order by respondent
iii. Respondent must be capable of complying with the order
iv. Wilful Disobedience of the order
Criminal Contempt : Criminal contempt includes any act or publication that: Scandalizes the court, Prejudices any judicial
proceeding, Interferes with the administration of justice in any other manner
Essential :
1 Willful disobedience, 2 Awareness of the court order, 3 The capacity to comply