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 under persons entitled to succession of property. Section 15 of the Hindu Succession Act relates to general rules of succession in the case of female Hindus and says that property can be inherited upon the heirs of the father. The top court said the term "family" has to be understood in a wider sense so as to include within its fold not only close relations or legal heirs but "even those persons who may have some sort of antecedent title, a semblance of a claim or even if they have a spes successionis".

Property Succession Hindu Heirs Hindu Succession Act Jagno  womans  hindu  property  held  inherit  heirs  act  succession  woman  court  father  sc  female  family

History of this topic

Supreme Court calls for property rights parity for tribal women
5 days, 1 hour 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, 16 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, 16 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 …

Can I claim a share of my maternal grandparent’s property?
3 weeks ago

Can I claim a share of my maternal grandparent’s property?

Live Mint  

My maternal grandparents have a property valued at close to ₹10 crore. After their demise, ideally, the property should have been distributed among children, i.e., the four sisters and two brothers, including my mother. As per HSA, Class I heirs include son, daughter, widow, mother, son of a pre-deceased son, daughter of a pre-deceased son, son of a predeceased daughter, …

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 …

Ex-Muslim woman from Kerala challenges Muslim Personal Law provisions on inheritance, CJI agrees to hear her case
7 months, 3 weeks ago

Ex-Muslim woman from Kerala challenges Muslim Personal Law provisions on inheritance, CJI agrees to hear her case

Op India  

On Monday, the Supreme Court of India issued notices to State and Union governments while hearing a writ petition 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. In her plea, Safiya seeks a “declaration that persons who do not want to be governed …

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

Uttarakhand’s Uniform Civil Code: Unifying laws or dividing communities?
9 months, 3 weeks ago

Uttarakhand’s Uniform Civil Code: Unifying laws or dividing communities?

The Hindu  

Published : Feb 29, 2024 15:26 IST - 14 MINS READ All the transient provisions in the Constitution, such as for language, reservation, special status to Jammu and Kashmir, or the Uniform Civil Code, were treated as transient because there was no unanimity at the time of the Constituent Assembly debates. In 1956, The Hindu Code Bill came into being …

Paternalistic Approach Of Family Law Towards Woman
10 months, 1 week ago

Paternalistic Approach Of Family Law Towards Woman

Live Law  

The subject of religion-based personal legislation in India is a complex and multifaceted one, encompassing various aspects such as secularism, modernism, national cohesion, communal identity, religious liberty, and the principle of equality. Within the framework of Muslim personal law in India, there exist several instances that underscore the paternalistic approach embedded in family laws. The court's decision in this case …

Can Hindu Law Principles Be Applied While Deciding Inheritance Rights Under Mohammedan Law? Supreme Court To Examine
10 months, 3 weeks ago

Can Hindu Law Principles Be Applied While Deciding Inheritance Rights Under Mohammedan Law? Supreme Court To Examine

Live Law  

The Supreme Court is set to examine whether the principles of Hindu law could be applied while adjudicating inheritance rights under the Mohammedan law. The bench of Justices CT Ravikumar and Rajesh Bindal, while issuing notice in a partition matter, ordered: “The question of seminal importance, which is required to be decided in this case is whether the principles of …

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 …

[Hindu Marriage Act] Children Born Out Of Void Marriage Can't Claim Share In Joint Family Property: Telangana High Court
1 year, 3 months ago

[Hindu Marriage Act] Children Born Out Of Void Marriage Can't Claim Share In Joint Family Property: Telangana High Court

Live Law  

Editor's Note: On September 1, the Supreme Court in Revanasiddappa vs. Mallikarjun recognized the rights of children born out of invalid marriages in their parents' share in Hindu joint family property. The Telangana High Court on August 28 had held that a child born out of a second marriage, a void marriage under the Hindu Marriage Act, cannot claim share …

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 | 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 …

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. …

Succession Certificates Under Indian Succession Act 1925 Do Not Confer Any Titles: Jammu & Kashmir High Court Explains
1 year, 8 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 …

Kerala Muslim Couple's Remarriage after 29 Years Creates Ripples in Community
1 year, 9 months 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
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 …

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 …

Muslim mother cannot be a guardian of minor children, rules Kerala HC
2 years, 5 months ago

Muslim mother cannot be a guardian of minor children, rules Kerala HC

New Indian Express  

KOCHI: A division bench of the Kerala High Court has observed that it cannot hold a Muslim woman can be the guardian of her minor child's property since it is bound by the precedents of the Supreme Court. Sudha observed that even though the personal law which prevents Muslim women from being guardians can be argued to be violative of …

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 …

'The Tribal Society Too Isn't Untouched By The Winds of Socio-Economic Change': Jharkhand HC Upholds Inheritance By Female Heir
2 years, 7 months ago

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

Live Law  

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 …

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 …

Properties Given As Dowry To Be Included In Partition Suit Instituted By Daughter Under Hindu Succession Act: Karnataka High Court
2 years, 10 months ago

Properties Given As Dowry To Be Included In Partition Suit Instituted By Daughter Under Hindu Succession Act: Karnataka High Court

Live Law  

The Karnataka High Court has held that the properties which had been given as dowry or otherwise at the time of marriage of the daughter, would be amenable for partition and the same will have to be included in a suit for partition, instituted by the daughter. A single judge bench of Justice Suraj Govindaraj said, "In a suit for …

How will maternal grandparents’ property be distributed under Indian law?
2 years, 10 months ago

How will maternal grandparents’ property be distributed under Indian law?

Live Mint  

I have a query on Hindu Succession act: My mother has 6 brothers and 2 sisters, of which only 4 are alive including my mother. However, if such property is not ancestral but your maternal grandparents’ self-acquired property, the distribution would be governed by intestate succession if the same has not been bequeathed under a valid Will. Please note that …

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 …

Discover Related