Muslim Person's Power To Dispose Property By Will Limited For Benefit Of Heirs: Kerala High Court Explains Scope
1 year, 4 months ago

Muslim Person's Power To Dispose Property By Will Limited For Benefit Of Heirs: Kerala High Court Explains Scope

Live Law  

The Kerala High Court recently pondered upon the question as to how far a Muslim could dispose of their properties by Will. Interpreting Paragraphs 117 and 118 of the Mulla’s Principles of Mahomedan Law, which provides for 'Bequests to Heirs' and 'Limit of Testamentary Power' respectively, the Single Judge Bench of Justice A. Badharudeen explained that, ".the power of a Mahomedan to. Interpreting Paragraphs 117 and 118 of the Mulla’s Principles of Mahomedan Law, which provides for 'Bequests to Heirs' and 'Limit of Testamentary Power' respectively, the Single Judge Bench of Justice A. Badharudeen explained that, ".the power of a Mahomedan to dispose of his property by Will is limited in two ways. For the same reason, if the testator has no heirs, he may bequeath the whole of his property to a stranger: " In effect, Court held that Will inasmuch as it disposes property in favour of an heir is concerned, it is invalid unless assented to by other heirs.

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History of this topic

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

Will Hindu women inherit full ownership rights to husband’s property? SC to rule today
3 months, 1 week 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 …

Will | Person Directed To Make Payments From A Particular Fund But Not Out Of The Entire Estate Is Not Executor: Bombay High Court
1 year, 1 month ago

Will | Person Directed To Make Payments From A Particular Fund But Not Out Of The Entire Estate Is Not Executor: Bombay High Court

Live Law  

The Bombay High Court recently observed that when directed to make payments from a particular fund in a Will, a person cannot be deemed an executor of the Will by implication if they lack the general power to receive and pay from the entire estate of the deceased. Justice Manish Pitale stated – “even when a person is directed to …

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XII]
1 year, 7 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. …

A Mahommedan Can't Execute Will For More Than 1/3rd Share Of His Property Without Consent Of All Legal Heirs: Chhattisgarh High Court
2 years, 10 months ago

A Mahommedan Can't Execute Will For More Than 1/3rd Share Of His Property Without Consent Of All Legal Heirs: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has recently held that a Mahommedan cannot by Will dispose of more than a third of his estate, after payment of funeral expenses and debts. Justice Narendra Kumar Vyas observed that the following conditions must be filled up for a valid will to be executed by Mahomedan: A bequest may be executed by any Muslim to …

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 …

Will executed by a Muslim does not mandatorily need a probate
4 years, 3 months ago

Will executed by a Muslim does not mandatorily need a probate

Live Mint  

My maternal grandfather had inherited some property from his father. —Name withheld on request Assuming you are Hindu by faith, note that Hindu law recognizes two classes of property, joint family property or HUF; and separate property. If the property is joint family or HUF property, it must be shown that your late grandfather or great grandfather waived separate rights …

Undivided Share In Joint Family Can Be Disposed By Will As Per Sec.30 Hindu Succession Act : SC [Read Judgment]
6 years, 1 month ago

Undivided Share In Joint Family Can Be Disposed By Will As Per Sec.30 Hindu Succession Act : SC [Read Judgment]

Live Law  

The undivided interest of a Hindu in a joint family property can be disposed of by Will as per Section 30 of the Hindu Succession Act 1956, held the Supreme Court yesterday while dismissing appeals from a partition suit. "Section 30 of the Act, permits the disposition by way of Will of a male Hindu in a Mitakshara coparcenary property", …

It is not compulsory to register Will even if it includes immovable property
6 years, 11 months ago

It is not compulsory to register Will even if it includes immovable property

Live Mint  

What are the costs and procedures for Will registration? As per Section 30 of the Hindu Succession Act, 1956, a Hindu may dispose of by Will or other testamentary disposition, any property which is capable of being disposed of by him or her, according to the provisions of the Indian Succession Act, 1925 or any other law for the time …

Interpretation Of Will: Subsequent Clause Taking Away A Bequest Invalid If There Is Absolute Bequest By Previous Clause: Kerala HC [Read Judgment]
6 years, 11 months ago

Interpretation Of Will: Subsequent Clause Taking Away A Bequest Invalid If There Is Absolute Bequest By Previous Clause: Kerala HC [Read Judgment]

Live Law  

A clause in a Will absolutely bequeathed property to a person. The court noted that there was absolute bequest in the first part, and hence subsequent disposition in Ext.A1 Will altering the bequest in favour of the plaintiffs on the first defendant dying issueless is liable to be ignored as having no validity in the eye of law. The contingency …

Kerala HC Allows Muslim Father to Alienate Immovable Property of Daughter
7 years, 4 months ago

Kerala HC Allows Muslim Father to Alienate Immovable Property of Daughter

Live Law  

A Kerala High Court ruling has ruled that a Muslim father can act as the legal guardian of his minor daughter so as to alienate immovable property. The ruling was given by dismissing the appeal suit of a Muslim daughter who had sought for partition of property, ignoring the alienation effected by her father in capacity of her legal guardian.

Muslim Father Can Act As Legal Guardian Of Minor Daughter To Alienate Immovable Property: Kerala HC [Read Judgment]
7 years, 4 months ago

Muslim Father Can Act As Legal Guardian Of Minor Daughter To Alienate Immovable Property: Kerala HC [Read Judgment]

Live Law  

Referring to tenets of Muhammedan law, the Kerala High Court has ruled that Muslim father can act as the legal guardian of his minor daughter so as to alienate immovable property. The ruling was given by dismissing the appeal suit of a Muslim daughter who had sought for partition of property, ignoring the alienation effected by her father in capacity …

Breaking: Priests/Nuns Too Have Rights Of Intestate/ Testamentary Succession Of Property : Kerala HC [Read Judgment]
7 years, 9 months ago

Breaking: Priests/Nuns Too Have Rights Of Intestate/ Testamentary Succession Of Property : Kerala HC [Read Judgment]

Live Law  

A division bench of the Kerala High Court, presided by Justice V Chithambaresh and Justice K Ramakrishnan, on Wednesday ruled that a person cannot be denied his/her property rights on the mere fact of being a priest or nun.“There is absolutely no statutory prohibition for a Christian priest or nun in the matter of intestate or testamentary succession of property …

Provisions of a valid Will can supersede the Hindu laws of succession
7 years, 10 months ago

Provisions of a valid Will can supersede the Hindu laws of succession

Live Mint  

I own two houses. In case a Hindu female does not make a Will, her assets would devolve first upon the heirs mentioned in sub-section 1 of Section 15 of the Hindu Succession Act, 1956. As per this Section, read with Section 16 of the Hindu Succession Act, the property of a Hindu female dying intestate would first devolve upon …

Ask Mint Money | Some rules of Indian Succession Act don’t apply to all communities
13 years, 1 month ago

Ask Mint Money | Some rules of Indian Succession Act don’t apply to all communities

Live Mint  

Can a Muslim bequeath his entire property under a will if he has registered his marriage under the Special Marriage Act? —Hasan Ali The Special Marriage Act, 1954 inter alia provides that notwithstanding any restrictions contained in the Indian Succession Act, 1925, succession to the property of any person whose marriage is solemnized under SMA and to the property of …

Where there’s a will
18 years, 1 month ago

Where there’s a will

Live Mint  

Not so long ago, it seemed that it was all right to verbally let one’s heirs know what they would inherit once you were gone. Private Trusts Despite India’s preference for the will as a way to distribute property, the trust structure is quite popular overseas when it comes to passing on property. A “trust is also viable to keep …

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