Jharkhand Building Control Act | Family Member Residing With And Dependent On Deceased Tenant Qualifies As Legal Heir: High Court
3 months, 3 weeks ago

Jharkhand Building Control Act | Family Member Residing With And Dependent On Deceased Tenant Qualifies As Legal Heir: High Court

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The Jharkhand High Court has held that a family member who resided with and was dependent on a deceased tenant qualifies as a legal heir under the proviso to Section 5 of the Jharkhand Building Act, 2011. and the proviso of Section 5 of the Jharkhand Building Act, 2011 the petitioner who has averred himself to be the nephew of the deceased plaintiff and this very fact is very well corroborated with the pleadings of the plaint where the original plaintiff herself has stated that in the tenanted property she had been residing along with her near relative since the lifetime of her husband and after the death of her husband she had also been residing along with her near relative. However, the trial court rejected the application, and this decision was upheld by the appellate court, which held that the petitioner did not qualify as a legal heir under Section 5 of the Jharkhand Building Act, 2011. The High Court disagreed with these findings, pointing out that the trial court had overlooked the proviso to Section 5 of the Act, which explicitly includes family members who resided with and were dependent on the deceased tenant as legal heirs.

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History of this topic

Eviction Cannot Be Ordered Without Due Process, Executive Authorities Cannot Adjudicate Land Title: Jharkhand High Court
1 month, 3 weeks ago

Eviction Cannot Be Ordered Without Due Process, Executive Authorities Cannot Adjudicate Land Title: Jharkhand High Court

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In a recent judgment, the Jharkhand High Court has held that the question of land ownership cannot be unilaterally determined by the executive authorities and a person in possession cannot be summarily evicted without due process. Thus, his order is without jurisdiction.” “The Circle Officer cannot unilaterally determine the title of the government to the subject land and only the …

Defendants Cannot Introduce Death Certificate As Additional Evidence Without Relevant Pleadings: Jharkhand HC Rules In Property Dispute
2 months, 2 weeks ago

Defendants Cannot Introduce Death Certificate As Additional Evidence Without Relevant Pleadings: Jharkhand HC Rules In Property Dispute

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Setting aside an order of a district court allowing introduction of a death certificate as evidence in a property dispute, the Jharkhand High Court said that a death certificate issued years after the death, based solely on an affidavit, cannot be admitted as additional evidence if it lacks evidentiary basis and is inconsistent with the pleadings. Presiding over the case …

Trial Courts Must Conduct Summary Inquiry Under O.22 R.5 CPC To Ascertain Legal Heirs In Disputes: Jharkhand High Court
3 months ago

Trial Courts Must Conduct Summary Inquiry Under O.22 R.5 CPC To Ascertain Legal Heirs In Disputes: Jharkhand High Court

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The Jharkhand High Court in a judgment delivered recently emphasised the mandatory nature of conducting a summary inquiry under Order 22 Rule 5 of the Civil Procedure Code when disputes arise regarding the legal heirs of a deceased plaintiff or defendant. Justice Subhash Chand, presiding over the case, held: “Where there is dispute in regards to legal heirs of deceased …

Custody Orders Must Be Respected Unless Challenged And Modified By Higher Court: Jharkhand HC Directs Mother To Handover Son To Father
3 months, 2 weeks ago

Custody Orders Must Be Respected Unless Challenged And Modified By Higher Court: Jharkhand HC Directs Mother To Handover Son To Father

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Highlighting that a custody order, unless challenged or modified by a higher court, must be respected, the Jharkhand High Court upheld a family court's order granting custody of a minor boy to his father. The above ruling came in a writ petition filed by the father seeking recovery of his son claiming that his wife took away their child despite …

No Amendment Of Plaint After Conclusion Of Evidence If It Alters Nature Of Suit Or Prejudices Accrued Rights Of Defendants: Jharkhand HC
4 months ago

No Amendment Of Plaint After Conclusion Of Evidence If It Alters Nature Of Suit Or Prejudices Accrued Rights Of Defendants: Jharkhand HC

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The Jharkhand High Court has reiterated that amendments in pleadings that alter the fundamental nature of a suit or prejudice accrued rights of the opposing party cannot be permitted. It would certainly prejudice to the rights and interest of the defendant which have accrued to them after conclusion of the evidence in the suit in question.” “It is the settled …

[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, 2 weeks ago

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

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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 …

'The Tribal Society Too Isn't Untouched By The Winds of Socio-Economic Change': Jharkhand HC Upholds Inheritance By Female Heir
2 years, 11 months ago

'The Tribal Society Too Isn't Untouched By The Winds of Socio-Economic Change': Jharkhand HC Upholds Inheritance By Female Heir

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The Jharkhand High Court recently upheld the right of a female on inheritance, despite being barred by customary law white, noting that each case has to be judged individually regarding the applicable custom. Based on the findings in the Laxmibai case, the High Court noted that an irregular and inconsistent practice of a custom could not accord it a binding …

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

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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 …

Appeal From Any Order Passed By Family Court With Consent Of Parties Not Maintainable: Jharkhand High Court
3 years, 1 month ago

Appeal From Any Order Passed By Family Court With Consent Of Parties Not Maintainable: Jharkhand High Court

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The Jharkhand High Court recently held that Section 19 of the Family Courts Act, 1984 is akin to the provision under Section 96 of the Code of Civil Procedure which bars appeal from a decree passed with the consent of parties.It added that this bar operates with further expansion under Section 19, in as much as, no appeal shall also …

Property Inherited By Female Hindu From Her Parents Shall Devolve Upon Heirs Of Her Father, Not Husband If She Dies Childless: Bombay HC [Read Judgment]
7 years, 2 months ago

Property Inherited By Female Hindu From Her Parents Shall Devolve Upon Heirs Of Her Father, Not Husband If She Dies Childless: Bombay HC [Read Judgment]

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Quashing an order passed by a joint civil judge junior division, Pune, the Bombay High Court has held that under Section 15 of the Hindu Succession Act, any property inherited by a female Hindu from her father or mother, will devolve upon the heirs of her father/mother, if she dies without any children of her own, and not upon her …

Property Inherited By Female Hindu From Her Parents Shall Devolve Upon Heirs Of Her Father, Not Husband If She Dies Childless: Bombay HC [Read Judgment]
7 years, 2 months ago

Property Inherited By Female Hindu From Her Parents Shall Devolve Upon Heirs Of Her Father, Not Husband If She Dies Childless: Bombay HC [Read Judgment]

Live Law  

Quashing an order passed by a joint civil judge junior division, Pune, the Bombay High Court has held that under Section 15 of the Hindu Succession Act, any property inherited by a female Hindu from her father or mother, will devolve upon the heirs of her father/mother, if she dies without any children of her own, and not upon her …

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