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 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. The court observed: “The provisions of the Indian Succession Act, 1925 have taken care of various situations in respect of succession to properties including the properties of widow and widower, lineal descendants and any consequences occurring to the death of lineal descendants in accordance with the provisions contained under Part V, right from Sections 29 to 49 of the Act, 1925. The provisions contained under Section 33 of the Act, 1925 in respect of sharing of the property of a widow is para materia with Section 35 of the Act, 1925 where a widower has to undergo the same modality in respect of the property of a wife.” The court also observed that Section 33 in respect to the sharing of the property by the widow is a benevolent provision, with the intention of protecting the interests of the widow.

Constitution Property Court Respect Act Kin 50 Percent Provisions 1925 Widow Sect Indian Succession Act Indian Succession Much Amendment Lineal Descendants  property  read  act  providing  court  respect  indian  succession  provisions  turns  plea  1925  widows  kindred  share  widow  kin  sect

History of this topic

Legal clarity in complex times
3 weeks, 3 days ago

Legal clarity in complex times

Deccan Chronicle  

l The Protection of Women from Domestic Violence Act, 2005 l The Hindu Succession Act, 2005 l The Indecent Representation of Women Act, 1986, on the personal front, and The Sexual Harassment of Women at Workplace Act, 2013. l Equal Remuneration Act, 1976 l On the professional front, there is the Maternity Benefit Act, 1961, among other regulations. “The legislature …

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court
3 weeks, 4 days ago

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court

Live Law  

The Orissa High Court has ruled that a competent Court, considering facts and circumstances of the case as well as to provide just and fair means, can grant maintenance to wife exceeding the amount which she claimed in her application under the Hindu Marriage Act, 1955. Clarifying the disputed question concerning jurisdiction of Courts to grant enhanced maintenance, the Division …

Supreme Court Seeks Union's Response On Ex-Muslim's Plea To Be Governed By Indian Succession Act Instead Of Shariat Law
2 months ago

Supreme Court Seeks Union's Response On Ex-Muslim's Plea To Be Governed By Indian Succession Act Instead Of Shariat Law

Live Law  

The Supreme Court today directed the Union to file its reply in 4 weeks in a plea seeking a declaration that a person who was born a Muslim, but ceased to be a believer, would not be governed by the Shariat law. The bench of CJI Sanjiv Khanna and Justices Sanjay Kumar, KV Viswanathan was hearing a plea by the …

Court seeks Centre's stand on Muslim woman's plea for secular succession rights
2 months ago

Court seeks Centre's stand on Muslim woman's plea for secular succession rights

India Today  

The Supreme Court on Tuesday asked for the Centre's stand on a Muslim woman's plea seeking to be governed by the Indian succession law instead of Shariat. She also sought a declaration that the persons who didn't wish to be governed by the Muslim personal law must be allowed to be governed by the "secular law of the country" -- …

Probate Not Necessary For Wills Executed By Indian Christians And Muhammadans After State Amendment To Indian Succession Act: Kerala HC
2 months, 3 weeks ago

Probate Not Necessary For Wills Executed By Indian Christians And Muhammadans After State Amendment To Indian Succession Act: Kerala HC

Live Law  

The Kerala High Court on Monday reiterated that in light of the State amendment made to Section 213 of the Indian Succession Act, a person nominated as an executor can establish their right over wills made by Muhammadans or Indian Christians without obtaining a probate. However, the State amendment to the Act which came into force in 1997 inserted that …

Notice Issued Against Dead Person Is Invalid; Participation Of Legal Heirs In Proceedings Doesn't Make It Legal: Kerala High Court
3 months, 1 week ago

Notice Issued Against Dead Person Is Invalid; Participation Of Legal Heirs In Proceedings Doesn't Make It Legal: Kerala High Court

Live Law  

The Kerala High Court stated that notice issued against a dead person is invalid and participation of legal heirs of deceased in the proceedings won't make it legal. The bench stated that the “the notices issued under Sections 148A and 148 of the Act in the name of a dead person are invalid and 'non-est' in the eye of law. …

Notice Issued Against Dead Person Is Invalid; Participation Of Legal Heirs In Proceedings Doesn't Make It Legal: Kerala High Court
3 months, 1 week ago

Notice Issued Against Dead Person Is Invalid; Participation Of Legal Heirs In Proceedings Doesn't Make It Legal: Kerala High Court

Live Law  

The Kerala High Court stated that notice issued against a dead person is invalid and participation of legal heirs of deceased in the proceedings won't make it legal. The bench stated that the “the notices issued under Sections 148A and 148 of the Act in the name of a dead person are invalid and 'non-est' in the eye of law. …

Supreme Court Upholds Tribal Woman's Inheritance Rights; Urges Parliament To Extend Hindu Succession Act To Scheduled Tribes
Trending News
3 months, 1 week ago

Supreme Court Upholds Tribal Woman's Inheritance Rights; Urges Parliament To Extend Hindu Succession Act To Scheduled Tribes

Live Law  

The Supreme Court today again urged the Parliament to look into pathways to secure the right of survivorship to female Tribals by making necessary amendments to the Hindu Succession Act, 1956. The Court referred to the Kamla Neti v. LAO judgment where it was noted that “it is high time for the Central Government to look into the matter and …

Supreme Court Upholds Tribal Woman's Inheritance Rights; Urges Parliament To Extend Hindu Succession Act To Scheduled Tribes
Trending News
3 months, 1 week ago

Supreme Court Upholds Tribal Woman's Inheritance Rights; Urges Parliament To Extend Hindu Succession Act To Scheduled Tribes

Live Law  

The Supreme Court today again urged the Parliament to look into pathways to secure the right of survivorship to female Tribals by making necessary amendments to the Hindu Succession Act, 1956. The Court referred to the Kamla Neti v. LAO judgment where it was noted that “it is high time for the Central Government to look into the matter and …

Hindu Succession Act Doesn't Disqualify Widows From Inheriting Deceased Husband's Property After Remarriage: Madras High Court
3 months, 2 weeks ago

Hindu Succession Act Doesn't Disqualify Widows From Inheriting Deceased Husband's Property After Remarriage: Madras High Court

Live Law  

The Madras High Court has observed that there is no provision in the Hindu Succession Act that prohibits a widow from inheriting or taking share in the property of her deceased husband, upon remarriage. “The Hindu Succession Act,1956 does not contain a provision, which disqualifies widows from inheriting their husband's properties or disqualifying the widows from taking a share in …

Will Hindu women inherit full ownership rights to husband’s property? SC to rule today
3 months, 2 weeks ago

Will Hindu women inherit full ownership rights to husband’s property? SC to rule today

India TV News  

The Supreme Court is set to straighten out the confusion concerning interpretations of property rights granted to Hindu women under Section 14 of the Hindu Succession Act, 1956. Hindu Succession Act Section 14 explained Section 14 of the Hindu Succession Act was introduced to tackle discriminatory customary laws and to ensure that Hindu women have full ownership of the property …

SC to rule on property rights of Hindu women
Trending News
3 months, 3 weeks ago

SC to rule on property rights of Hindu women

Hindustan Times  

The Supreme Court has decided to untangle the labyrinthine interpretations of property rights granted to Hindu women under Section 14 of the Hindu Succession Act, 1956, potentially marking a landmark in a saga spanning six decades. The Supreme Court has decided to untangle the labyrinthine interpretations of property rights granted to Hindu women under Section 14 of the Hindu Succession …

Hindu Succession Act | Supreme Court Refers To Larger Bench Conflicting Opinions On Female Hindu's Rights Under S.14
3 months, 3 weeks ago

Hindu Succession Act | Supreme Court Refers To Larger Bench Conflicting Opinions On Female Hindu's Rights Under S.14

Live Law  

The Supreme Court on Monday highlighted the inconsistencies and conflicting interpretations surrounding the interplay between Sections 14 and 14 of the Hindu Succession Act, 1956 which deals with the rights of Hindu females in property inherited or possessed by them.The bench comprising Justice PS Narasimha and Justice Sandeep Mehta dealt with the. In Sadhu Singh's case, the Court said that …

S. 14 HSA | Hindu Woman Can Claim Absolute Ownership Of Property Possessed Under Her Antecedent Maintenance Right: Supreme Court
4 months, 1 week 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, 1 week 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 …

Daughter Has No Inheritance Right In Father's Properties If He Died Before 1956, Leaving Behind Daughter & Her Mother: Bombay High Court
Trending News
4 months, 2 weeks ago

Daughter Has No Inheritance Right In Father's Properties If He Died Before 1956, Leaving Behind Daughter & Her Mother: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court on Tuesday held that a daughter will not have any limited or absolute right of inheritance in the properties of her father, if he has died prior to the enforcement of the Hindu Succession Act, 1956. A division bench of Justices Atul Chandurkar and Jitendra Jain answered a reference - Whether a …

Daughters have no inheritance rights if fathers died before 1956: Bombay High Court
4 months, 2 weeks ago

Daughters have no inheritance rights if fathers died before 1956: Bombay High Court

India Today  

The Bombay High Court ruled on Wednesday that daughters have no inheritance rights if their fathers died before the Hindu Succession Act was enacted in 1956. However, a trial court earlier had dismissed her claim, ruling that Bhikubai alone inherited the estate under the Hindu Women’s Right to Property Act of 1937, and became its absolute owner in 1956 under …

Daughters can’t inherit father’s property before 1956, HC clarifies
4 months, 2 weeks ago

Daughters can’t inherit father’s property before 1956, HC clarifies

Hindustan Times  

MUMBAI: In a landmark ruling, the Bombay High Court on Tuesday clarified the inheritance rights under Hindu law, concluding that daughters have no claim to their father’s property if he died before the Hindu Succession Act was enacted in 1956. Citing earlier judgments, her counsel argued that inheritance rights for daughters could be recognised even in cases predating the Hindu …

Hindu Succession Act | 2005 Amendment Giving Equal Rights To Daughter Resulted In Reducing Shares Of Mother & Widow : Madras High Court
4 months, 2 weeks ago

Hindu Succession Act | 2005 Amendment Giving Equal Rights To Daughter Resulted In Reducing Shares Of Mother & Widow : Madras High Court

Live Law  

While discussing the 2005 amendments to the Hindu Succession Act, Justice N Seshasayee of the Madras High Court observed that while the amendment ensured that daughter's got a share in the ancestral property, it also took away the quantum of property that would otherwise vest with the widow and the mother of a deceased. The court added that notional partition …

Widowed Daughter-in-law Not Required to Live in Matrimonial Home for Maintenance: Allahabad HC
6 months, 3 weeks ago

Widowed Daughter-in-law Not Required to Live in Matrimonial Home for Maintenance: Allahabad HC

News 18  

In a significant ruling, the Allahabad High Court held that under the Hindu Adoptions and Maintenance Act, 1956, it is not mandatory for a widowed daughter-in-law to reside in her matrimonial home to claim maintenance from her father-in-law. “Merely because the lady may have made that choice may neither lead us to the conclusion that she had separated from her …

Dowry death convicts also disqualified to inherit property of the victim: HC
8 months, 3 weeks ago

Dowry death convicts also disqualified to inherit property of the victim: HC

Hindustan Times  

MUMBAI: Placing the broader interpretation of the term “murder” appearing in section 25 of the Hindu Succession Act, 1956, which disqualifies the “murderer” from inheriting the property of the victim, the Bombay high court recently held that even the persons convicted for causing dowry death would also be disqualified to inherit the property of the deceased woman. “A person who …

Hindu Succession Act | Hindu Woman Can Claim Full Ownership Of Property Under S.14(1) Only If She Possesses It : Supreme Court
10 months, 1 week ago

Hindu Succession Act | Hindu Woman Can Claim Full Ownership Of Property Under S.14(1) Only If She Possesses It : Supreme Court

Live Law  

The Supreme Court held that for a female Hindu to claim absolute ownership of an undivided property of a Hindu Undivided Family, she should have been in possession of the property.The bench comprising Justices BR Gavai and Sandeep Mehta, after referring to the statutory scheme and precedents, observed :“It is clear that for establishing full ownership on the undivided joint …

Hindu Woman Without Own Income Can Enjoy Property Given By Deceased Husband, But Can't Have Absolute Rights Over It: Delhi High Court
11 months, 1 week ago

Hindu Woman Without Own Income Can Enjoy Property Given By Deceased Husband, But Can't Have Absolute Rights Over It: Delhi High Court

Live Law  

The Delhi High Court on Wednesday observed that a Hindu woman without having her own income has complete rights to enjoy, throughout her lifetime, the property received by her from the deceased husband but cannot have “absolute rights” over it. It however said that it cannot be held that the entire property should be construed as maintenance giving the wife …

S.299 Indian Succession Act | No Appeal Lies Against Order Rejecting Amendment Application In Plea For Grant Of Letters Of Administration: Allahabad HC
1 year, 1 month ago

S.299 Indian Succession Act | No Appeal Lies Against Order Rejecting Amendment Application In Plea For Grant Of Letters Of Administration: Allahabad HC

Live Law  

The Allahabad High Court has held that no appeal lies under Section 299 of the Indian Succession Act, 1925 against an order rejecting amendment application in petition filed under Section 278 of the Act of 1925. The Court held that since Order 43 Rule 1 of CPC does not provide a remedy of appeal against orders passed under Order 6 …

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, 4 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 …

Hindu Succession Act | Possession Of Property Necessary For Woman To Claim Rights Under Section 14 : Supreme Court
1 year, 7 months ago

Hindu Succession Act | Possession Of Property Necessary For Woman To Claim Rights Under Section 14 : Supreme Court

Live Law  

The Supreme Court has reiterated that for a Hindu female to claim rights under Section 14 of the Hindu Succession Act 1956, she has to be in possession of the property.Section 14 states that property of a female Hindu will be her absolute property. The Supreme Court has reiterated that for a Hindu female to claim rights under Section 14 …

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 …

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XII]
1 year, 8 months ago

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

Live Law  

Q.56 What is the scope of the prohibition under Section 213 of the Indian Succession Act, 1925? Q.58 When were Indian Christians excluded from the operation of Section 213 of the Indian Succession Act, 1925? In the case of Indian Christians in Kerala, the above mandate under Section 213 of the Indian Succession Act to have the Will probated etc. …

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XI]
1 year, 8 months ago

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

Live Law  

Q.51 What are the modes of revocation of an unprivileged Will or codicil? Section 70 of the Indian Succession Act deals with the revocation of unprivileged Will or codicil. The said Section reads as follows:- “70: Revocation of unprivileged Will or co dicil No unprivileged Will or codicil, nor any part thereof, shall be revoked otherwise than by marriage, or …

Married Daughter Of Hindu Malayala Kammala Given Stridhan Also Entitled To Share In Self-Acquired Property Of Parent: Kerala High Court
1 year, 9 months ago

Married Daughter Of Hindu Malayala Kammala Given Stridhan Also Entitled To Share In Self-Acquired Property Of Parent: Kerala High Court

Live Law  

The Kerala High Court recently held that married daughters belonging to the Hindu Malayala Kammala caste would also be entitled to a share in the self-acquired property of their parent. It held that any custom governing intestate succession in respect of the self acquired property of a Hindu that was inconsistent with the provisions of the Hindu Succession Act, 1956, …

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 …

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-II]
1 year, 11 months ago

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

Live Law  

Q.6 What is meant by saying that “a person died intestate”? Testamentary succession means the succession of a person’s property after his death in accordance with the prescriptions of a “Will and testament” executed by him. Q.9 Which part of the Indian Succession Act, 1925 deals with testamentary succession? Part VI of the Indian Succession Act deals with testamentary succession. …

Kerala Muslim Couple's Remarriage after 29 Years Creates Ripples in Community
2 years ago

Kerala Muslim Couple's Remarriage after 29 Years Creates Ripples in Community

News 18  

Even as a debate rages over a Uniform Civil Code in the country, a Kerala Muslim couple in their early fifties entered into a marriage contract on March 8 in Kasargod, the northernmost district of the state. The act may have far-reaching consequences in their community, more so than their personal lives, as it has triggered a discussion on International …

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 …

Kerala High Court Notifies Uniform Procedure For Impleading Legal Heirs Of Deceased Parties
2 years, 2 months ago

Kerala High Court Notifies Uniform Procedure For Impleading Legal Heirs Of Deceased Parties

Live Law  

The Kerala High Court in an Official Memorandum dated 24 January 2023 has directed for the implementation of a uniform procedure to be followed while impleading the legal heirs of deceased parties. The OM issued by Registrar General reads that Chief Justice has ordered for the implementation of the Division Bench order in State of Kerala v. Govindan, in which …

Scheduled Tribe Women Not Entitled To Any 'Right Of Survivorship' Under Hindu Succession Act: Supreme Court Urges Centre To Bring Suitable Amendment
2 years, 3 months ago

Scheduled Tribe Women Not Entitled To Any 'Right Of Survivorship' Under Hindu Succession Act: Supreme Court Urges Centre To Bring Suitable Amendment

Live Law  

The Supreme Court held that a female member of the scheduled tribe is not entitled to any right of survivorship under the provisions of Hindu Succession Act.The bench of Justices MR Shah and Krishna Murari urged the Central Government to consider whether it is necessary to bring a suitable amendment to Hindu Succession Act in this regard. The Supreme Court …

Inheritance of No Loss: Gond Tribal Widow Following Hindu Customs Entitled to Inherit Husband's Property, Says HC
2 years, 4 months ago

Inheritance of No Loss: Gond Tribal Widow Following Hindu Customs Entitled to Inherit Husband's Property, Says HC

News 18  

In the absence of any evidence in a property suit to establish a custom that denied her the right, the Chhattisgarh High Court recently held that a Gond tribal woman was entitled to inherit succession in the property left by her dead husband as per the Hindu Succession Act. A bench of Justice Narendra Kumar Vyas observed: “Section 2 of …

Article 137 Of Limitation Act Applies To Application For Revocation Of Succession Certificate U/S 383 Indian Succession Act: Meghalaya High Court
2 years, 6 months ago

Article 137 Of Limitation Act Applies To Application For Revocation Of Succession Certificate U/S 383 Indian Succession Act: Meghalaya High Court

Live Law  

The Meghalaya High Court recently observed that Article 137 of the Limitation Act applies to applications made under Section 383 of the Indian Succession Act which for revocation of a succession certificate. Justice H. S. Thangkhiew observed: "Article 137 of the Limitation Act, provides for 3 years as a period of limitation, on an application for which no period of …

Hindu Succession Act | Children Born From A Widow's First Marriage Can Inherit Property From Her Second Husband: Gujarat High Court
2 years, 9 months ago

Hindu Succession Act | Children Born From A Widow's First Marriage Can Inherit Property From Her Second Husband: Gujarat High Court

Live Law  

The Gujarat High Court has held that under Section 15 of the Hindu Succession Act, when a widow dies intestate, her heirs including son and daughter out of wedlock or even from illicit relationships are entitled to the share in her property. Justice AP Thaker further held that since the deceased widow in the instant case was one of the …

Hindu Succession Act - HUF Property Is Presumed For Be For Widow's Maintenance When She Has Its Settled & Exclusive Possession : Supreme Court
2 years, 10 months ago

Hindu Succession Act - HUF Property Is Presumed For Be For Widow's Maintenance When She Has Its Settled & Exclusive Possession : Supreme Court

Live Law  

The Supreme Court observed that settled exclusive possession of a property of Hindu Undivided Family by a widow would create a presumption that such property was earmarked for realization of her pre-existing right of maintenance.This is more particularly when the surviving coparcener did not earmark any alternative property for recognizing her pre-existing right of maintenance, the. The Supreme Court observed …

Succession law: Govt backs provision that prioritises husband’s kin
2 years, 10 months ago

Succession law: Govt backs provision that prioritises husband’s kin

Hindustan Times  

The Union government has defended in the Supreme Court a provision in succession law that puts the husband’s family first in the line of inheritance, before the woman’s own parents, if she died without executing a will. The petition argued that sections 15 and 16 of the Act “unveils deeply rooted patriarchal ideology.” Submitting its affidavit on Tuesday, the Centre …

Need For Addressing The Gender Stereotypes Under The Hindu Succession Act, 1956
2 years, 11 months ago

Need For Addressing The Gender Stereotypes Under The Hindu Succession Act, 1956

Live Law  

A recent writ petition filed in the Supreme Court, in the case of Khopkar v. UnionOf India & Ors., where the petitioner challenged the rules of devolution that applied differently to men and women, has rekindkled the discussion of gender discrimination under the Hindu Succession Act, 1956. In order to overcome these issues, The Hindu Succession Act, 1956 was enacted …

Supreme Court Seeks Centre's Response To Plea Challenging Section 15 Of Hindu Succession Act As Discriminatory Against Women
2 years, 11 months ago

Supreme Court Seeks Centre's Response To Plea Challenging Section 15 Of Hindu Succession Act As Discriminatory Against Women

Live Law  

The Supreme Court on Wednesday sought Centre's response in the plea challenging the constitutional validity of Section15 of the Hindu Succession Act, 1956 on the ground of gender discrimination. In the case of a male Hindu dying intestate, the provisions of Section 8 of the Hindu Succession Act, 1956 apply. Its sub-section lays down that the property of a female …

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 …

Discriminatory Nature Of Section 15, The Hindu Succession Act,1956
3 years, 1 month ago

Discriminatory Nature Of Section 15, The Hindu Succession Act,1956

Live Law  

The struggle of a Hindu woman to achieve equality in matters of succession has been going on for decades with major landmarks being the Hindu Women's Rights to Property Act, 1937, The Hindu Succession Act, 1956, and The Hindu Succession Act, 2005. One, in complete contrast to Section 15, Section 8 of the HSA provides the order of succession for …

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 …

Supreme Court to hear plea challenging validity of Section 15 of Hindu Succession Act
3 years, 1 month ago

Supreme Court to hear plea challenging validity of Section 15 of Hindu Succession Act

India Today  

The Supreme Court will hear a plea challenging the validity of Section 15 of the Hindu Succession Act on 'Legal Heirs'. The plea stated that the Hindu Succession Act has "apparent discrimination in the devolution" on gender basis. According to the plea, filed by a Mumbai-based woman, under section 15, the heirs are counted differently in the case of married …

Supreme Court Posts Plea Challenging Validity Of Section 15 Hindu Succession Act Before 3-Judge Bench
3 years, 2 months ago

Supreme Court Posts Plea Challenging Validity Of Section 15 Hindu Succession Act Before 3-Judge Bench

Live Law  

The Supreme Court on Monday posted before a three-judge bench the plea challenging the constitutional validity of Section 15 of the Hindu Succession Act, 1956 on the ground that there is discrimination in the devolution in case of a woman dying intestate, in comparison with the rules for devolution where a male has died intestate. The bench of Justices D. …

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