S. No.

List of Doctrines

Meaning

Section Number/Topic

1.        

Doctrine of Factum Valet

A fact cannot be altered by hundred texts

Schools

2.        

Leges Posteriores Priores Contrarias Abrogant

Later laws repeal earlier laws inconsistent therewith

Section 4 (HMA)

3.        

Optima Legum Interpres Est Consuetudo

The best interpreter of laws is custom

Section 5 (HMA)

4.        

Principle of consortium

Restitution of Conjugal Rights

Section 9 (HMA)

5.        

A Mensa Et Thoro

From Bed and Board

Section 10 (HMA)

6.        

Animus Deserendi

Intention to desert

Section 13 (HMA)

7.        

A Vinculo Matrimonii

From the bond of matrimony

Section 13 (HMA)

8.        

A communi observantia non est recedendum

There should be no departure from common observance or usage

Section 13B (HMA)

9.        

Fair Trial Rule

It prevents hasty recourse to legal proceedings before the parties have made real efforts to save their marriage from disaster.

Section 14 (HMA)

10.    

Doctrine of Accretion

Property acquired with the aid/assistance of the ancestral property

Coparcenary Property

11.    

Doctrine of Blending

Separate property of a member thrown into the common stock with the intention of abandoning all separate claims on it and to such an extent that it cannot be distinguished from the joint family property.

Coparcenary Property

12.    

Doctrine of Detriment

Property acquired at the cost of the joint family property

Coparcenary Property

13.    

Principle of propinquity

One who is nearer in blood relationship succeeds

Law of inheritance

14.    

Principle of religious efficacy or spiritual benefits

A person who confers more religious benefit on the deceased is preferred to those who confer less spiritual benefit.

Law of succession

15.    

Principle of owelty or equality of partition

Where no balancing is possible due to difference in the value of the properties, then such items Can be allotted to one person, while other is given a compensation in terms of money equivalent.

Partition

16.    

Qui in utero est, pro jam nato habetur, quoties de ejus commodo quaeritur

He who is in womb is considered as born as far as benefits are considered

Section 20 (HSA)

17.    

Nemo ex suo delicto meliorem suam conditionem facere potest

No one can perfect his condition by a crime

Section 25 (HSA)

18.    

Doctrine of escheat

The property of a person who dies without the heirs is transferred to the State

Section 29 (HSA)