Succession Certificates Under Indian Succession Act 1925 Do Not Confer Any Titles: Jammu & Kashmir High Court Explains
1 year, 11 months ago

Succession Certificates Under Indian Succession Act 1925 Do Not Confer Any Titles: Jammu & Kashmir High Court Explains

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently ruled that the proceedings for grant of a succession certificate under the Indian Succession Act 1925 are of summary nature and do not confer any title to the amount in favour of the certificate holder. The observations to this effect were made by Justice Javed Iqbal Wani while hearing an appeal filed in terms of section 384 of the of Indian Succession Act, 1925 against an order passed by the court of District Judge, Srinagar whereby it had issued a succession certificate in favour of the respondent/applicants as also in favour of appellants/non-applicants, apportioning the amount of Rs. Adjudicating upon the matter, Justice Wani observed that the proceedings for grant of succession certificate under the Act of 1925 are of summary nature and do not confer any title to the amount in favour of certificate holder. By obtaining a succession certificate alone, a person does not become the owner of the property.” Deliberating on Section 373 and 387 of the Indian Succession Act Justice Wani explained that the proceedings for grant of succession certificate are summary in nature and that no rights are finally decided in such proceedings.

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Legal Heirship Certificate Can Be Issued Based On Affidavit Of Applicant & Persons Known To Family Like Neighbours And Relatives: Madras HC
1 week, 3 days ago

Legal Heirship Certificate Can Be Issued Based On Affidavit Of Applicant & Persons Known To Family Like Neighbours And Relatives: Madras HC

Live Law  

The Madras High Court has recently observed that while applying for a legal heirship certificate, if no proof is available to determine who the legal heirs are, the authorities may prepare a report based on the affidavit given by the applicant and five affidavits of persons knowing the family, like a neighbour or a relative. The court was hearing a …

Nominee: From trustee to owner–a case for legislative reform
2 months ago

Nominee: From trustee to owner–a case for legislative reform

Live Mint  

As the Union budget approaches, it presents an opportunity for bold reforms, especially those that directly impact the common citizen. For most Indians, succession planning for assets like government small savings schemes, provident funds, insurance policies, bank deposits, and securities feels assured through nomination. Amendments to the Insurance Act, 1938, effective from December 2014, make the nominee “beneficially entitled" to …

Succession Certificate Not Required For Death-Cum-Retirement Benefits In Case Of Existing Nomination: Allahabad High Court
3 months, 1 week ago

Succession Certificate Not Required For Death-Cum-Retirement Benefits In Case Of Existing Nomination: Allahabad High Court

Live Law  

Recently, the Allahabad High Court has held that it is not necessary for an applicant to provide a succession certificate if a nomination exists to their name, while making an application for death-cum-retiral benefits of a deceased government employee. Regarding the petitioner's claim to the death-cum-retiral benefits, the Court observed that neither the Court nor the respondent authorities could determine …

S. 14 HSA | Hindu Woman Can Claim Absolute Ownership Of Property Possessed Under Her Antecedent Maintenance Right: Supreme Court
4 months ago

S. 14 HSA | Hindu Woman Can Claim Absolute Ownership Of Property Possessed Under Her Antecedent Maintenance Right: Supreme Court

Live Law  

The Supreme Court observed that a Hindu woman can claim absolute ownership if the property is tied to her antecedent maintenance right.The bench comprising Justice CT Ravikumar and Justice Sanjay Karol observed that under Section 14 of the Hindu Succession Act, 1956, for a possessory right to be transformed into full ownership, it must be established that the Hindu woman …

Hindu Succession Act | Life Interest Given To Woman Will Not Transform Into Absolute Ownership As Per Section 14 : Supreme Court
4 months ago

Hindu Succession Act | Life Interest Given To Woman Will Not Transform Into Absolute Ownership As Per Section 14 : Supreme Court

Live Law  

The Supreme Court held that when a Hindu woman is given only a restricted estate in property, then she cannot claim to be the absolute owner of the property due to the application of Section 14 of the Hindu Succession Act 1956.Hence, such a property cannot be bequeathed through a Will.The property possessed by a Hindu woman will transform into …

[Indian Succession Act] Question Of Title Over Property Can't Be Decided During Probate Proceedings, Requires Filing Of Separate Suit: Patna High Court
9 months, 1 week ago

[Indian Succession Act] Question Of Title Over Property Can't Be Decided During Probate Proceedings, Requires Filing Of Separate Suit: Patna High Court

Live Law  

The Patna High Court has held that the probate proceedings are not the appropriate stage to adjudicate on the title and interest of a testator under the Indian Succession Act, 1925 and that the determination over the question of title could be done only by filing a separate suit. The High Court stated that probate proceedings are not a place …

Hindu Succession Act | Legal Heirs Of Daughters Who Died Before 2005 Amendment Entitled To Equal Share In Family Property: Karnataka High Court
1 year, 2 months ago

Hindu Succession Act | Legal Heirs Of Daughters Who Died Before 2005 Amendment Entitled To Equal Share In Family Property: Karnataka High Court

Live Law  

The Karnataka High Court has held that legal heirs of a daughter are entitled to equal share in the family properties, even if the daughters had passed away before the amendment to the Hindu Succession Act, came into force in 2005. A single judge bench of Justice Sachin Shankar Magadum, dismissed the plea filed by Channabasappa Hosmani, questioning the order …

Succession Act 1925 | Appeal Against Civil Judge Order Denying Succession Certificate Lies Before District Judge Not HC: Allahabad High Court
1 year, 3 months ago

Succession Act 1925 | Appeal Against Civil Judge Order Denying Succession Certificate Lies Before District Judge Not HC: Allahabad High Court

Live Law  

The Allahabad High Court has held that an appeal against the order of a Civil Judge rejecting a plea for the issuance of a succession certificate would lie before the District Judge under Section 388 of the Indian Succession Act, 1925, and not before the High Court under Section 384 of the Act. The proviso to sub­section creates an exception …

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XVI]
1 year, 5 months ago

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XVI]

Live Law  

The Court having jurisdiction to grant a Succession Certificate is the District Judge within whose territorial limits the deceased ordinarily resided at the time of his death.. In the State of Kerala the State Government, in exercise of their power under Section 388 of the Indian Succession Act issued two notifications on 06-02-1958 which read as follows:- "i) In exercise …

Alternate Place Of Jurisdiction U/S 371 Indian Succession Act Can Be Invoked Only If Deceased Had No Fixed Place Of Residence: Gujarat High Court
1 year, 6 months ago

Alternate Place Of Jurisdiction U/S 371 Indian Succession Act Can Be Invoked Only If Deceased Had No Fixed Place Of Residence: Gujarat High Court

Live Law  

The Gujarat High Court has made it clear that even though Section 371 of the Indian Succession Act stipulates two modes of determining territorial jurisdiction of courts for grant of succession certificate, the second mode is only an alternative which can be invoked if the petitioner demonstrates that the deceased had no permanent place of residence.Section 371 prescribes that District. …

Hindu Succession | Is Child From Void/Voidable Marriage Entitled To Coparcenary Share Inherited By Father? Supreme Court Discusses
1 year, 7 months ago

Hindu Succession | Is Child From Void/Voidable Marriage Entitled To Coparcenary Share Inherited By Father? Supreme Court Discusses

Live Law  

In the matter pertaining to the issue of whether children born out of a void or voidable marriage had a right in parents' ancestral property as per the Hindu law, the Supreme Court discussed whether in case of a notional partition before the death of a father, a child born to the said father from a void or voidable marriage …

Flat transfer: can a co-op society insist on succession certificate?
2 years ago

Flat transfer: can a co-op society insist on succession certificate?

Live Mint  

I am a 70-year-old woman living with my only son in the US. When I asked the society to issue me a share certificate, its managing committee insisted that I submit a succession certificate. I want to know if the said society can insist on a succession certificate. As per the relevant provisions of the Maharashtra Co-operative Societies Act, 1960, …

Of wills and trusts: Why women need to have their own succession plan
2 years ago

Of wills and trusts: Why women need to have their own succession plan

Live Mint  

Most women do not undertake any form of succession planning, and even fewer understand the importance of this. These also govern the law related to intestate succession, and usually involve a strict set of rules as to who shall be entitled to a person’s entire property upon their death, and in what proportion the assets are to be divided. For …

Production Of Succession Certificate Mandatory When Decree Holder Dies Only If Decree Amount Comes Under 'Debts' Or 'Securities': Kerala High Court
2 years, 8 months ago

Production Of Succession Certificate Mandatory When Decree Holder Dies Only If Decree Amount Comes Under 'Debts' Or 'Securities': Kerala High Court

Live Law  

The Kerala High Court on Friday held that the production of succession certificate is mandatory as per Section 214 of the Succession Act when the decree holder dies in cases where the decree amount comes under the category 'debts' or 'securities'.Justice A Badharudeen further added that when the decree holder dies after the deposit has been made, an exemption is …

Hindu Succession Act | Daughters Entitled To An Equal Share In Property Inherited By Their Parents: Chhattisgarh High Court Reiterates
3 years ago

Hindu Succession Act | Daughters Entitled To An Equal Share In Property Inherited By Their Parents: Chhattisgarh High Court Reiterates

Live Law  

The Chhattisgarh High Court has recently held that as per Hindu Succession Act as amended in 2005, the daughters are also entitled to get an equal share in the property inherited by their parents. On doing so, it noted, "Since the plaintiff and defendants are coparcener of the joint Hindu family property, as per Hindu Succession Act as amended in …

Limited Estate Given To Hindu Wife By Way Of Will Can Become Absolute Under Sec14(1) Hindu Succession Act Only If Property Was Given For Her Maintenance: Supreme Court
3 years, 1 month ago

Limited Estate Given To Hindu Wife By Way Of Will Can Become Absolute Under Sec14(1) Hindu Succession Act Only If Property Was Given For Her Maintenance: Supreme Court

Live Law  

The Supreme Court has held that Section 14 of the Hindu Succession Act does not bar the bequeathing of a limited estate to a female by way of a Will; but if the limited estate is given to the wife for her maintenance, then it would mature into an absolute estate under Section 14 of the Act. "The objective of …

FIR Not Necessary For Issuance Of Heirship Certificate If Person Missing More Than 7 Years: Kerala High Court
3 years, 7 months ago

FIR Not Necessary For Issuance Of Heirship Certificate If Person Missing More Than 7 Years: Kerala High Court

Live Law  

The Kerala High Court recently ruled that the competent authorities cannot insist on the production of the First Information Report for grant of an heirship certificate if one of the parties has been missing for more than seven years. The question before the Court was whether the competent authority for grant of heirship certificate sought by the petitioner is justified …

Heirs of Woman's Father Can Inherit Property Under Hindu Succession Act: SC
4 years ago

Heirs of Woman's Father Can Inherit Property Under Hindu Succession Act: SC

News 18  

The Supreme Court has said heirs of the father of a woman can inherit property under the Hindu Succession Act and they cannot be held as "strangers". A bench of Justices Ashok Bhushan and R Subhash Reddy referred to Section 15 of the Hindu Succession Act and said the heirs of the parental side of a Hindu woman are covered …

Child given away for adoption can be excluded from biological father’s Will
5 years, 9 months ago

Child given away for adoption can be excluded from biological father’s Will

Live Mint  

My grandparents had three sons and one daughter. — Pawan Yadav I am assuming that your grandfather is Hindu; accordingly, the Hindu Succession Act, 1956, would apply to him. As per Section 30 of the Hindu Succession Act, 1956, a Hindu may dispose of by Will or other testamentary disposition any property that is capable of being disposed of by …

Certificate Of Purchase Can’t Be Conclusive Proof Of Title In Case Of Joint Family Property: Bombay HC [Read Judgment]
6 years, 9 months ago

Certificate Of Purchase Can’t Be Conclusive Proof Of Title In Case Of Joint Family Property: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has held that certificate of purchase cannot be conclusive proof of title vis-à-vis joint tenants of a land.Justice Anuja Prabhudessai held that in case of a joint family property, the certificate of purchase issued in the name of karta or an elder of the family is actually for or on behalf of the joint family.Case BackgroundThe …

Kerala HC Turns Down Widow’s Plea Challenging Constitutionality Of Sect. 33(b) Of Indian Succession Act Providing 50% Share Of Deceased Husband’s Property To His Kin [Read Judgment]
6 years, 9 months ago

Kerala HC Turns Down Widow’s Plea Challenging Constitutionality Of Sect. 33(b) Of Indian Succession Act Providing 50% Share Of Deceased Husband’s Property To His Kin [Read Judgment]

Live Law  

The provisions of the Act, 1925 have withstood the test of time without much amendment, the court said.The Kerala High Court has turned down a widow’s plea challenging the constitutionality of Section 33 of the Indian Succession Act which provides 50 percent of deceased husband’s property to those who are kindred to him.Philomina had approached the high. The Kerala High …

Breaking: No Prohibition For Succession Of The Property In India By A Foreign National By Inheritance: SC [Read Judgment]
6 years, 10 months ago

Breaking: No Prohibition For Succession Of The Property In India By A Foreign National By Inheritance: SC [Read Judgment]

Live Law  

This Act does not bar the succession of property of any Indian Christian by a person who is not an Indian national, the bench said.Holding that a Pakistani sister is entitled to inherit a share of the property of an Indian citizen, the Supreme Court has observed that there is no prohibition for the succession of the property in India …

Breaking: No Prohibition For Succession Of The Property In India By A Foreign National By Inheritance: SC [Read Judgment]
6 years, 10 months ago

Breaking: No Prohibition For Succession Of The Property In India By A Foreign National By Inheritance: SC [Read Judgment]

Live Law  

This Act does not bar the succession of property of any Indian Christian by a person who is not an Indian national, the bench said.Holding that a Pakistani sister is entitled to inherit a share of the property of an Indian citizen, the Supreme Court has observed that there is no prohibition for the succession of the property in India …

No Compulsion For Any Legal Heir Of Deceased Predecessor To Apply For Heirship Certificate: Bombay HC [Read Order]
7 years, 4 months ago

No Compulsion For Any Legal Heir Of Deceased Predecessor To Apply For Heirship Certificate: Bombay HC [Read Order]

Live Law  

The Bombay High Court recently allowed a miscellaneous petition that sought revocation of a Legal Heirship Certificate granted under Section 2 of the Bombay Regulation VIII of 1827 to respondents.Justice SC Gupte heard the petition filed by one Kusum Chandrakant Shankardas and her two daughters. The Bombay High Court recently allowed a miscellaneous petition that sought revocation of a Legal …

Unmarried daughter is entitled to inherit her share of father’s property
7 years, 7 months ago

Unmarried daughter is entitled to inherit her share of father’s property

Live Mint  

My grandfather had purchased a plot in my father’s name and built it for residential purposes. Sharma I have assumed that your father was Hindu and accordingly the Hindu Succession Act, 1956 would apply to him. As per Section 30 of the Hindu Succession Act, 1956, a Hindu may dispose of by Will or other testamentary disposition, any property which …

Succession Can Only Be Granted To Legal Heirs Of A Person Who Dies Intestate: Delhi HC [Read Judgment]
7 years, 10 months ago

Succession Can Only Be Granted To Legal Heirs Of A Person Who Dies Intestate: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court has held that in cases where someone dies without a will, succession can only be granted to the legal heirs of that person, not the nominee.Justice Valmiki Mehta was hearing an appeal against an order by the trial court dated January 18, 2017, wherein the application for revocation of succession certificate filed by the appellant was …

Succession Can Only Be Granted To Legal Heirs Of A Person Who Dies Intestate: Delhi HC [Read Judgment]
7 years, 10 months ago

Succession Can Only Be Granted To Legal Heirs Of A Person Who Dies Intestate: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court has held that in cases where someone dies without a will, succession can only be granted to the legal heirs of that person, not the nominee.Justice Valmiki Mehta was hearing an appeal against an order by the trial court dated January 18, 2017, wherein the application for revocation of succession certificate filed by the appellant was …

Nomination Doesn’t Amount To Will In Law: Delhi HC [Read Judgment]
7 years, 10 months ago

Nomination Doesn’t Amount To Will In Law: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court, in the case of Rampali vs The State Govt of NCT of Delhi, has reiterated that nomination is not a Will in law and in the absence of any Will, only legal heirs shall be entitled to inherit the property of the deceased.In the present case, an appeal was filed to revoke the trial court’s order …

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