Daughter is entitled to equal property rights under amended Hindu Succession Act: Supreme Court
4 years, 4 months ago

Daughter is entitled to equal property rights under amended Hindu Succession Act: Supreme Court

India TV News  

The Supreme Court on Tuesday said in its order that a daughter is entitled to equal property rights under the amended Hindu Succession Act. The Court also said that daughters will have the right over parental property even if the coparcener had died prior to the coming into force of the Hindu Succession Act, 2005. The court recognised that just like sons, the amendment also extended the status of the coparcener to a daughter, allowing her to enjoy the same rights as a son. The bench asked the courts concerned, where several matters remained pending for want of an authoritative ruling by the Supreme Court, to take up and dispose them of within six months.

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History of this topic

Supreme Court calls for property rights parity for tribal women
5 days, 2 hours ago

Supreme Court calls for property rights parity for tribal women

Hindustan Times  

The Supreme Court has urged the Union government to consider amending the Hindu Succession Act, 1956, which disqualifies a scheduled tribe woman from being considered on par with male counterparts in matters of her share in the paternal property. A bench of justices CT Ravikumar and Sanjay Karol, in a ruling on Thursday, made the recommendation, referring to a 2022 …

Supreme Court Upholds Tribal Woman's Inheritance Rights; Urges Parliament To Extend Hindu Succession Act To Scheduled Tribes
Trending News
5 days, 17 hours 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
5 days, 17 hours 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
1 week 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
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
2 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
2 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 …

Marumakkathayam Law | Property Obtained By Hindu Woman Post-Partition Without Legal Heir Would Be Her Separate Property & Not Joint Property : Supreme Court
1 month ago

Marumakkathayam Law | Property Obtained By Hindu Woman Post-Partition Without Legal Heir Would Be Her Separate Property & Not Joint Property : Supreme Court

Live Law  

The Supreme Court, in an appeal concerning property devolution under Kerala's traditional Marumakkathayam law, ruled that property acquired by a woman and her children post-partition does not become their separate property but remains part of the tharwad. The bench comprising Justice CT Ravikumar and Justice Sanjay Karol held so while deciding a question of “whether the property obtained by a …

Daughter Has No Inheritance Right In Father's Properties If He Died Before 1956, Leaving Behind Daughter & Her Mother: Bombay High Court
Trending News
1 month, 1 week 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
1 month, 1 week 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 …

Hindu Succession Act | 2005 Amendment Giving Equal Rights To Daughter Resulted In Reducing Shares Of Mother & Widow : Madras High Court
1 month, 1 week 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 …

Hindu society’s norms should not be challenged for property rights: SC
1 month, 2 weeks ago

Hindu society’s norms should not be challenged for property rights: SC

Hindustan Times  

The Supreme Court on Wednesday asserted that the established norms of Hindu society should not be challenged solely for financial gain, as it observed that the Hindu Succession Act of 1956, which prioritises a woman’s husband’s family over her parents in inheritance matters if she dies intestate, is not an issue of gender inequality. We are not talking about a …

Telangana HC Rules Children Can’t Contest Mother’s Gift Settlement Deed
4 months ago

Telangana HC Rules Children Can’t Contest Mother’s Gift Settlement Deed

Deccan Chronicle  

Hyderabad: The Telangana High Court made it clear that children cannot challenge the gift settlement deed executed by their mother by arguing that the subject property was joint family property and that the mother was the ostenisble owner and not the real owner. Priyadarsini, which passed the order, was dealing with an appeal suit filed by a son challenging the …

Dowry death convicts also disqualified to inherit property of the victim: HC
5 months, 2 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
7 months 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 Succession Act | Legal Heirs Of Daughters Who Died Before 2005 Amendment Entitled To Equal Share In Family Property: Karnataka High Court
11 months, 2 weeks 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 …

Mother Can't Relinquish Property Rights Of Minor Children Without Proper Documentation: Telangana High Court
1 year, 2 months ago

Mother Can't Relinquish Property Rights Of Minor Children Without Proper Documentation: Telangana High Court

Live Law  

The Telangana High Court has held that a mother cannot legally relinquish the property rights on behalf of her minor children in light of the amendments to the Hindu Succession Act, 2005 which granted daughters equal rights to sons in ancestral property, strengthening their claim to a share in such properties. Justice P. Sree Sudha held that the mother's purported …

Divorced Daughter Not 'Dependant' U/S 21 Hindu Adoptions & Maintenance Act, Not Entitled To Maintenance From Late Father's Estate: Delhi High Court
1 year, 3 months ago

Divorced Daughter Not 'Dependant' U/S 21 Hindu Adoptions & Maintenance Act, Not Entitled To Maintenance From Late Father's Estate: Delhi High Court

Live Law  

The Delhi High Court has observed that a divorced daughter is not a “dependent” under the Hindu Adoptions and Maintenance Act, 1956, and that she is not entitled to claim maintenance from the estate of her deceased father.“An unmarried or widowed daughter is recognized to have a claim in the estate of the deceased, but a “divorced daughter” does not …

Hindu Succession Act | To Decide Shares Of Heirs, First Step Is To Ascertain Share Of Deceased In Coparcenary Property On Date Of Death : Supreme Court
1 year, 3 months ago

Hindu Succession Act | To Decide Shares Of Heirs, First Step Is To Ascertain Share Of Deceased In Coparcenary Property On Date Of Death : Supreme Court

Live Law  

Tried and tested many times over, the issue of succession to Mitakshara coparcenary property continues to raise its head time and again like an undying Hydra of Lerna, the Supreme Court remarked while disposing a civil appeal.In this case, a partition suit was filed in the year 1991 and the same was decreed by the Trial Court in the year …

Hindu Succession Act | Possession Of Property Necessary For Woman To Claim Rights Under Section 14 : Supreme Court
1 year, 3 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 | 'Issue Is Of Parents' Ancestral Property' : Supreme Court Reserves Judgment On Right Of Child From Invalid Marriage
1 year, 4 months ago

Hindu Succession | 'Issue Is Of Parents' Ancestral Property' : Supreme Court Reserves Judgment On Right Of Child From Invalid Marriage

Live Law  

The Supreme Court today reserved its judgement in 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. To this, the CJI said– "You are saying that the moment a child is born even if he is born out of a void marriage, he gets …

Hindu Succession | Is Child From Void/Voidable Marriage Entitled To Coparcenary Share Inherited By Father? Supreme Court Discusses
1 year, 4 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 …

HAMA | Daughter Cannot Continue Mother's Maintenance Claim After Her Death: Bombay High Court
1 year, 4 months ago

HAMA | Daughter Cannot Continue Mother's Maintenance Claim After Her Death: Bombay High Court

Live Law  

The Bombay High Court recently held that daughter cannot continue her mother’s claim of maintenance from husband after her death, as the right to claim maintenance under the Hindu Adoption and Maintenance Act is an individual right against another person. “right to claim maintenance under the personal laws viz., Hindu Adoption and Maintenance Act, Muslim Law, Christen Law is in …

Married Daughter Of Hindu Malayala Kammala Given Stridhan Also Entitled To Share In Self-Acquired Property Of Parent: Kerala High Court
1 year, 6 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, …

Property Rights: When Can A Daughter Claim Her Father's Property?
1 year, 7 months ago

Property Rights: When Can A Daughter Claim Her Father's Property?

News 18  

Sometimes it may happen that a person dies without writing a will and in this situation, often a dispute arises between the heirs over inheritance of the ancestral property. Many times it is As per the amendment made to Hindu Succession Act, 1956, in 2005 daughters have been given the legal right to get an equal share in ancestral property. …

Mother Entitled To Arrears Of Maintenance Accrued To Deceased Daughter: Madras High Court
1 year, 7 months ago

Mother Entitled To Arrears Of Maintenance Accrued To Deceased Daughter: Madras High Court

Live Law  

The Madras High Court recently held that a mother is entitled to claim the arrears of maintenance that accrued to her deceased daughter before her death. The court noted that arrears of maintenance was the property of the deceased daughter and after her death, her mother, being a legal guardian, is entitled to this property. Justice V Sivagnanam thus dismissed …

Of wills and trusts: Why women need to have their own succession plan
1 year, 9 months 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 …

Supreme Court Annual Digest 2022- Hindu Law
1 year, 11 months ago

Supreme Court Annual Digest 2022- Hindu Law

Live Law  

Family Courts Act, 1984 Family Courts Act, 1984 - The Family Courts Act is not a standalone Act. Akella Lalita v. Sri Konda Hanumantha Rao, 2022 LiveLaw 638 : AIR 2022 SC 3544 Hindu Adoption and Maintenance Act, 1956; Section 9 - Natural Guardian - Mother has an equal position as the father. Arunachala Gounder v. Ponnusamy, 2022 LiveLaw 71 …

Scheduled Tribe Women Not Entitled To Any 'Right Of Survivorship' Under Hindu Succession Act: Supreme Court Urges Centre To Bring Suitable Amendment
2 years 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, 1 month 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 …

Supreme Court Dismisses Plea Seeking Amendment Of Hindu Succession Act As Recommended In 204th Law Commission Report
2 years, 3 months ago

Supreme Court Dismisses Plea Seeking Amendment Of Hindu Succession Act As Recommended In 204th Law Commission Report

Live Law  

The Supreme Court dismissed a writ petition seeking direction to amend the Hindu Succession Act 1956 as recommended by the Law Commission of India in its 204th report.The bench comprising Justices DY Chandrachud and Hima Kohli noted that the petitioner is not an aggreived person. The Supreme Court dismissed a writ petition seeking direction to amend the Hindu Succession Act …

How to deal with claims on a property when there is no will
2 years, 4 months ago

How to deal with claims on a property when there is no will

Live Mint  

My great-grandfather had two sons and three daughters. (if a person dies intestate, his property would go to Class I heirs and will be shared equally among them. The two sons and three daughters of your great grandfather would be regarded as ‘Class I legal heirs’ and would have an equal share in his property i.e. We understand that those …

Hindu Succession Act | Children Born From A Widow's First Marriage Can Inherit Property From Her Second Husband: Gujarat High Court
2 years, 5 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, 7 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, 7 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 …

Daughter In Law Can Claim Maintenance From Her Father In Law If She Inherited Some Estate From Her Husband: Delhi High Court
2 years, 7 months ago

Daughter In Law Can Claim Maintenance From Her Father In Law If She Inherited Some Estate From Her Husband: Delhi High Court

Live Law  

The Delhi High Court has observed that the daughter-in-law can claim maintenance from her father-in-law provided she has inherited some estate of her husband. 19 of the Family Court Act, 1984 against the order dated 3rd May, 2019 deferring their claim for interim maintenance in a petition under sec. The Family Court in the impugned order, observed that the appellant …

Need For Addressing The Gender Stereotypes Under The Hindu Succession Act, 1956
2 years, 8 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, 8 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
2 years, 9 months 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
2 years, 10 months 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
2 years, 10 months 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
2 years, 10 months 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
2 years, 10 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. …

Daughter's Right To Inherit Self-Acquired Property Of Father Dying Intestate Recognized Under Customary Hindu Law : Supreme Court
2 years, 11 months ago

Daughter's Right To Inherit Self-Acquired Property Of Father Dying Intestate Recognized Under Customary Hindu Law : Supreme Court

Live Law  

The Supreme Court has observed that a daughter is capable of inheriting the self-acquired property or share received in the partition of a coparcenary property of her Hindu father dying intestate.In this case, the property in question was admittedly the self-acquired property of Marappa Gounder. The Supreme Court has observed that a daughter is capable of inheriting the self-acquired property …

Inherited Property Of A Female Hindu Dying Issueless And Intestate Goes Back To The Source: Supreme Court
2 years, 11 months ago

Inherited Property Of A Female Hindu Dying Issueless And Intestate Goes Back To The Source: Supreme Court

Live Law  

The Supreme Court observed that inherited property of a female Hindu dying issueless and intestate, goes back to the source. "If a female Hindu dies intestate without leaving any issue, then the property inherited by her from her father or mother would go to the heirs of her father whereas the property inherited from her husband or father-in-law would go …

Hindu Remarried Widow Has Right To Deceased Husband's Property If She Wasn't Remarried On The Day Succession Opens: Bombay High Court
3 years, 3 months ago

Hindu Remarried Widow Has Right To Deceased Husband's Property If She Wasn't Remarried On The Day Succession Opens: Bombay High Court

Live Law  

The Nagpur bench of the Bombay High Court has held that a re-married widow has a right to her deceased husband's property, if she was not re-married when the husband passed away. A single-judge bench of Justice SM Modak, in an order passed last month, after discussing the provisions of Hindu Succession Act, 1956 and the Hindu Widows' Re-marriage Act, …

Heirs of Woman's Father Can Inherit Property Under Hindu Succession Act: SC
3 years, 9 months 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 …

Married Hindu Woman Can Enter 'Family Settlement' With Her Heirs On Parental Side: Supreme Court
3 years, 10 months ago

Married Hindu Woman Can Enter 'Family Settlement' With Her Heirs On Parental Side: Supreme Court

Live Law  

The Supreme Court has observed that 'family settlement' can be entered by a Hindu woman with her heirs on her parental side.Background factsOne Badlu, was the tenure-holder of agricultural land. The Supreme Court has observed that 'family settlement' can be entered by a Hindu woman with her heirs on her parental side. Jagno, who as a widow of Sher Singh, …

Property Rights: A Conversation Whose Time Is Now
4 years ago

Property Rights: A Conversation Whose Time Is Now

Live Law  

As multitudes of migrant workers took to the streets to walk hundreds of kilometres away from India's cities, even as the COVID-lockdown had compelled everyone else to stay in their homes, it inevitably brought to fore the scale of the housing crises which plagues some of the major cities and towns in India. Yet the first element that strikes anyone …

Hindu Succession Act, 1956: The Fight To End Gender-Based Discrimination Continues
4 years, 2 months ago

Hindu Succession Act, 1956: The Fight To End Gender-Based Discrimination Continues

Live Law  

The Supreme Court, in a recent judgment, ruled that a daughter has the same rights as a son in ancestral property under the Hindu Succession Act, 2005, irrespective of whether the father was alive at the time of the amendment. Till its amendment in 2005, the principle law - the Hindu Succession Act, 1956 - did not grant daughters rights …

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