Explainer : Right Of Hindu Women To Property
5 years, 7 months ago

Explainer : Right Of Hindu Women To Property

Live Law  

Historically, and also ironically, women under Hindu Law were not entitled to any share in the immovable or movable property either as a daughter or as a wife, of their ancestors. Realising the dichotomy and gender discrimination, the Parliament corrected the wrong which had been continuing for Centuries by accepting the recommendation of the Law Commission of India whereby Hindu Succession Bill was passed by both the Houses of the Parliament and Hindu Succession Act, 1956 was amended to include 'Daughter' in coparcenary, because of which she has now been given equal right as that of a 'Son' in respect of the property of the father. The Amendment Act of 2005 has also repealed Section 23 of the Hindu Succession Act, 1956 thereby recognising/ granting equal rights to Daughters to seek Partition even in a dwelling house, wholly occupied by male coparcener of joint family. The Supreme Court after citing Section 6 of the Amendment Act of 2005 held that if a final decree of Partition has not been passed, until the commencement of the Hindu Succession Act, 2005, then the preliminary decree had to be amended considering the share of the daughters. In this case the father had died in the year 2001 and after coming into force of the Hindu Succession Act, 2005, the Daughters had filed an application for Amendment of the Preliminary Decree, which was rejected by the Trial Court on the ground that as the Appellants were born prior to the enactment of the Act hence not entitled to any share in the property of their father.

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History of this topic

Legal clarity in complex times
2 weeks, 6 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 …

Supreme Court calls for property rights parity for tribal women
3 months, 1 week 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
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, 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
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, 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
3 months, 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
4 months 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 …

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

Hindu society’s norms should not be challenged for property rights: SC
4 months, 3 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 …

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 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?
1 year 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
1 year, 1 month 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 …

Legally Speaking | The quest for equality, which is at the heart of the Uttarakhand UCC bill, is flawed
1 year, 1 month ago

Legally Speaking | The quest for equality, which is at the heart of the Uttarakhand UCC bill, is flawed

Hindustan Times  

Uttarakhand's Uniform Civil Code bill, recently passed by the state assembly session, has been a subject of intense discussion. While criminal laws apply to all Indian citizens without regard to religion, caste, race, or creed, distinct religious communities are governed by independent religious laws known as personal laws in case of civil matters such as marriage, divorce, maintenance, guardianship, succession, …

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 …

Can my niece claim a share of her grandmother’s property?
1 year, 3 months ago

Can my niece claim a share of her grandmother’s property?

Live Mint  

My mother, who owned a house in Lucknow, died recently without leaving behind a will. In the given scenario, the legal framework for the distribution of property revolves around the Hindu Succession Act, 1956, with a focus on intestate succession. As per section 15 of the Act, which outlines general rules of succession in the case of female Hindus, the …

Hindu Succession Act | Possession Of Property Necessary For Woman To Claim Rights Under Section 14 : Supreme Court
1 year, 6 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 …

As Law Commission Seeks Fresh Suggestions on UCC, a Look at Personal Laws in India
1 year, 9 months ago

As Law Commission Seeks Fresh Suggestions on UCC, a Look at Personal Laws in India

News 18  

The Law Commission on Wednesday initiated a fresh consultation process on uniform civil code by seeking views from stakeholders, including public and recognised religious organisations, on the politically sensitive issue. For example, Hindu personal laws are governed by the Hindu Marriage Act, Hindu Succession Act, Hindu Minority and Guardianship Act, and others. It’s important to note that the Hindu Marriage …

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, …

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 …

75 Years After Partition, Hindus Still Treated Like Second-Class Citizens in Indian Subcontinent
2 years, 2 months ago

75 Years After Partition, Hindus Still Treated Like Second-Class Citizens in Indian Subcontinent

News 18  

On 5 January, Bangladesh National Hindu Grand Alliance tabled its annual report of atrocities on Bangladeshi minorities. Pakistan didn’t even have a legal provision to register Hindu marriages until 2017 when a law was passed in the Pakistani senate. Seventy-five years have passed since Partition but even today certain rights such as divorce, adoption and inheritance evade Hindus of Pakistan. …

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 …

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 Adoptions & Maintenance Act Does Not Envisage Agreement To Adopt 'Unborn Child': Punjab & Haryana High Court
2 years, 9 months ago

Hindu Adoptions & Maintenance Act Does Not Envisage Agreement To Adopt 'Unborn Child': Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court while dealing with a case of adoption of an unborn child, held that no such provision as to give effect to adoption of an unborn child is envisaged under the Hindu Adoptions and Maintenance Act, 1956. The court further noted that there is no registered document available regarding the factum of adoption as per …

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 Posts Plea Challenging Validity Of Section 15 Hindu Succession Act Before 3-Judge Bench
3 years, 1 month 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
3 years, 2 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 …

Daughters to inherit self-acquired properties of fathers dying without a will: Supreme Court
3 years, 2 months ago

Daughters to inherit self-acquired properties of fathers dying without a will: Supreme Court

India TV News  

Highlights Daughters to inherit self-acquired properties of fathers dying without a will: Supreme Court The SC judgement dealt with the property rights of Hindu women and widows under the Hindu Succession The SC bench set aside trial court and high court's findings dismissing partition suit of daughters In a significant verdict, the Supreme Court on Thursday said the daughters of …

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

Heirs of Woman's Father Can Inherit Property Under Hindu Succession Act: SC
4 years, 1 month 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 …

Property Rights: A Conversation Whose Time Is Now
4 years, 3 months 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, 5 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 …

Plea In SC Seeks Religion-Neutral, Gender-Neutral Grounds Of Maintenance, Alimony
4 years, 5 months ago

Plea In SC Seeks Religion-Neutral, Gender-Neutral Grounds Of Maintenance, Alimony

Live Law  

The Supreme Court has been moved in a PIL seeking a direction to the Centre to take steps to remove the prevailing anomalies in the grounds of maintenance and alimony and to make them uniform for all citizens without discrimination on the basis of religion, race, cast, sex or place of birth in spirit of the Articles 14, 15, 21, …

Rights Of Daughters As Coparceners: A Giant Stride Towards Gender Equality - News18
4 years, 5 months ago

Rights Of Daughters As Coparceners: A Giant Stride Towards Gender Equality - News18

News 18  

Gender equality has always been the offshoot of prolonged battles both in legal fora and on the streets. A three judge bench headed by Justice Arun Mishra ruled that the Hindu Succession Act 2005 ensures equal rights of a daughter to be coparcener in her father’s ancestral property from the day of her birth. The discrimination as contained in Section …

Petition seeks Right to Marry for homosexuals under Hindu Marriage Act
4 years, 6 months ago

Petition seeks Right to Marry for homosexuals under Hindu Marriage Act

Op India  

A petition has been filed in the Delhi High Court seeking the recognition of same sex marriages under the Hindu Marriage Act. The petitioners claim that Hindu Marriage Act permits any two Hindus to solemnise their marriage and therefore, homosexuals should also have the right to marry and have their marriages recognised. @Iyervval — Bar & Bench September 13, 2020 …

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