Law of India

Module 5

Private law, civil liability and procedure: contract, remedies, tort, property, land, family and personal laws, succession, civil procedure, arbitration, mediation and the protection of children

Much of Indian private law is **codified** in statutes from the colonial period that are still in force: the **Indian Contract Act of 1872**, the **Transfer of Property Act of 1882** and the **Code of Civil Procedure of 1908**. Tort law is **uncodified** and follows English principles adapted by the Indian courts. **Family and inheritance law** is different: it is governed by **personal laws** that depend on the religion of the parties, with a **secular alternative** in the Special Marriage Act. This is the largest module, and it follows the life of a private dispute: the contract, the wrong, the property, the family, the inheritance and the court.

General education on Indian law, using invented people and businesses. It states constitutional provisions, statutes and landmark decisions in simplified form, and it is not legal advice. The law changes and every case turns on its facts. Consult an advocate enrolled in India for any real matter.