Widow Entitled To Husband’s PF Amount Even After Remarriage: Madras HC [Read Judgment]
8 years, 3 months ago

Widow Entitled To Husband’s PF Amount Even After Remarriage: Madras HC [Read Judgment]

Live Law  

The Madras High Court has held that a widow is equally entitled, even after remarrying, to receive the Provident Fund amount from her late husband’s account.The court reiterated the fact that the bar under Section 24 of the Hindu Succession Act, 1956, was deleted in September 2005, upholding her right to claim herself as a legal representative of her deceased husband.The petitioner. The Madras High Court has held that a widow is equally entitled, even after remarrying, to receive the Provident Fund amount from her late husband’s account. Justice N Kirubakaran reiterated the provisions of the Succession Act, 1956, and the Hindu Widow Re-marriage Act, 1856, and held that, ‘the right of the widow not only to remarry, but also to inherit the property of the late husband has been declared and the women, including widows, are treated as co-parcener on par with the males’. Empathising with the petitioner, who had lost her second husband also, the judge stated: ‘It is very disheartening to note that the appellant lost her second husband within fifteen days of the remarriage and her position has not been improved anymore.’ Setting aside the order of the subordinate court, it held that ‘the widow is equally entitled to a share on par with the mother of the deceased husband in the Provident Fund amount in all other dues’.

Act Husband Widow  act  hc  fund  madras  deceased  right  court  judgment  husbands  pf  husband  entitled  held  succession  read  remarriage  widow  provident

History of this topic

Legal clarity in complex times
3 weeks, 4 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 …

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court
3 weeks, 6 days ago

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court

Live Law  

The Orissa High Court has ruled that a competent Court, considering facts and circumstances of the case as well as to provide just and fair means, can grant maintenance to wife exceeding the amount which she claimed in her application under the Hindu Marriage Act, 1955. Clarifying the disputed question concerning jurisdiction of Courts to grant enhanced maintenance, the Division …

Probate Not Necessary For Wills Executed By Indian Christians And Muhammadans After State Amendment To Indian Succession Act: Kerala HC
2 months, 3 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 …

Hindu Succession Act Doesn't Disqualify Widows From Inheriting Deceased Husband's Property After Remarriage: Madras High Court
3 months, 2 weeks 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 …

SC to rule on property rights of Hindu women
Trending News
3 months, 3 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 | 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 …

Muslim Law | Father-In-Law Is Not Compelled To Maintain Deceased Son's Widow: Madhya Pradesh High Court Reiterates
4 months, 3 weeks ago

Muslim Law | Father-In-Law Is Not Compelled To Maintain Deceased Son's Widow: Madhya Pradesh High Court Reiterates

Live Law  

The Gwalior bench of the Madhya Pradesh High Court has reiterated that under Muslim Law, a father-in-law is not required to provide financial support to his deceased son's widow. The Calcutta High Court has specifically in the case of Shabnam Parveen observed that as per DV Act, the father-in-law of the son's widow is not bound to give maintenance to …

Judge raps woman seeking Rs 6 lakh monthly maintenance from husband: Let her earn
7 months, 1 week ago

Judge raps woman seeking Rs 6 lakh monthly maintenance from husband: Let her earn

India Today  

A Karnataka High Court judge has rebuked a woman who demanded more than Rs 6 lakh per month as maintenance from her husband. The woman, Radha Munukuntla, was seeking financial support under Section 24 of the Hindu Marriage Act, 1955, and had detailed her monthly expenses to justify her demand. During a hearing that was held on August 20, Munukuntla's …

Indian Muslim women can claim alimony from husband after divorce, rules Supreme Court – Firstpost
8 months, 3 weeks ago

Indian Muslim women can claim alimony from husband after divorce, rules Supreme Court – Firstpost

Firstpost  

The Supreme Court said a divorced Muslim woman can file a claim for maintenance under Section 125 of the Criminal Procedure Code against her former husband A divorced Muslim woman can now seek alimony from her husband by filing a claim for maintenance under Section 125 of the Criminal Procedure Code, the Supreme Court of India ruled on Wednesday. A …

Hindu Succession Act | Hindu Woman Can Claim Full Ownership Of Property Under S.14(1) Only If She Possesses It : Supreme Court
10 months, 2 weeks 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, 1 week 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 …

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 …

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, 6 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 | 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 …

Mother Entitled To Arrears Of Maintenance Accrued To Deceased Daughter: Madras High Court
1 year, 11 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 …

'Husband Not Incapacitated': Madras High Court Sets Aside Family Court Order Asking Wife To Pay Interim Maintenance
2 years ago

'Husband Not Incapacitated': Madras High Court Sets Aside Family Court Order Asking Wife To Pay Interim Maintenance

Live Law  

The Madras High Court has recently set aside an order of the Family Court directing the wife to pay twenty thousand rupees as interim maintenance to her husband during the pendency of their divorce petition. Justice R Subramanian and Justice K Govindarajan Thilakavadi noted that the Family Court judge had "magnified" a small procedure and had misplaced sympathy. The appellants …

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 Succession Act - HUF Property Is Presumed For Be For Widow's Maintenance When She Has Its Settled & Exclusive Possession : Supreme Court
2 years, 10 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, 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 …

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

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, 6 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, …

Woman's Rights Over Deceased Husband's Property Cease if Remarriage Proven: Chhattisgarh HC
3 years, 8 months ago

Woman's Rights Over Deceased Husband's Property Cease if Remarriage Proven: Chhattisgarh HC

News 18  

The Chhattisgarh High Court has observed that rights of a woman over the property of her deceased husband would cease if her remarriage is "strictly proven" as per the law. A bench of Justice Sanjay K Agrawal made the observation in a recent order, while dismissing an appeal related to a property suit filed against Kiya Bai by her deceased …

Dowry Death- Society Has Got The Wrong Message That In-Laws Can Easily Escape Liability If They Live Separately From Victim: Madras HC
3 years, 11 months ago

Dowry Death- Society Has Got The Wrong Message That In-Laws Can Easily Escape Liability If They Live Separately From Victim: Madras HC

Live Law  

While refusing to suspend the sentence awarded to a couple convicted for the offence under Section 498-A of IPC, the Madras High Court recently observed that the first and foremost responsibility of the parents is to groom their children as responsible citizens. The Court further added, "Taking advantage of that, a wrong message has gone to the Society that the …

SC Dismisses Challenge Against Delhi HC Decision Holding That Widow's Right To Compensation For Husband's Death Will Not Abate After Re-Marriage
3 years, 11 months ago

SC Dismisses Challenge Against Delhi HC Decision Holding That Widow's Right To Compensation For Husband's Death Will Not Abate After Re-Marriage

Live Law  

The Supreme Court has affirmed a Delhi High Court decision that a widow's right to claim compensation under the Motor Vehicles Act for the death of her husband in a motor vehicle accident will not abate on her re-marriage. By dismissing the SLP against the Delhi High Court decision, the Supreme Court has affirmed that the right of a widow …

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 …

Married Hindu Woman Can Enter 'Family Settlement' With Her Heirs On Parental Side: Supreme Court
4 years, 1 month 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, …

After Husband's Death, Wife Has Every Right To Claim Maintenance From The Estate Inherited By Father-In-Law: Bombay HC [Read Judgment]
4 years, 6 months ago

After Husband's Death, Wife Has Every Right To Claim Maintenance From The Estate Inherited By Father-In-Law: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has observed that after husband's death, a woman has every right to claim maintenance from the estate inherited by her father-in-law.High Court has dismissed a writ petition filed by a man who challenged an order passed by Family Court, Bandra granting interim maintenance to his widowed daughter-in-law and grandson.Justice Nitin W Sambre observed that as per …

In historic verdict, Bangladesh court allows Hindu widows to get shares in husbands' properties
4 years, 6 months ago

In historic verdict, Bangladesh court allows Hindu widows to get shares in husbands' properties

India TV News  

In a historic verdict, the Bangladesh High Court has said that Hindu widows are entitled to shares in all properties owned by their late husbands and not just their homesteads. Previously Hindu widows in the country were only entitled to their spouses' homesteads and not other assets like agricultural land. But there's still a long way to go to achieve …

‘Daughter for a lifetime’: SC backs women’s share in parental property
4 years, 7 months ago

‘Daughter for a lifetime’: SC backs women’s share in parental property

Hindustan Times  

The Supreme Court on Tuesday held that daughters will have coparcenary rights on father’s property even if he died before the Hindu Succession Act 2005 came into force. Supreme Court of India The bench headed by Justice Arun Mishra was answering a reference based on conflicting decisions given by past verdicts of the top court. In 2016, the Supreme Court …

Daughter is entitled to equal property rights under amended Hindu Succession Act: Supreme Court
4 years, 7 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 …

Remarriage Of Widow Not A Decisive Factor For Computing Motor Accident Compensation: Kerala HC [Read Judgment]
4 years, 8 months ago

Remarriage Of Widow Not A Decisive Factor For Computing Motor Accident Compensation: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has held that, while computing compensation for dependency of a widow on the death of her husband under Section 166 of the Motor Vehicles Act, her remarriage shall not be a decisive factor. Justice N. Nagaresh observed that the loss of dependency consequent to the death of the husband does not cease merely because she has …

Widow Cannot Be Deprived Of Property Vested In Her Merely For Contracting A Second Marriage: Karnataka HC [Read Order]
5 years, 9 months ago

Widow Cannot Be Deprived Of Property Vested In Her Merely For Contracting A Second Marriage: Karnataka HC [Read Order]

Live Law  

The Karnataka High Court has observed that a widow cannot be deprived of the property vested in her merely for contracting a second marriage. The High Court, in a petition challenging this order, observed that it was not shown any provision of law or a ruling of the Apex Court or of the other High Courts in support of the …

Undivided Share In Joint Family Can Be Disposed By Will As Per Sec.30 Hindu Succession Act : SC [Read Judgment]
6 years, 2 months 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", …

Kerala HC Turns Down Widow’s Plea Challenging Constitutionality Of Sect. 33(b) Of Indian Succession Act Providing 50% Share Of Deceased Husband’s Property To His Kin [Read Judgment]
6 years, 9 months ago

Kerala HC Turns Down Widow’s Plea Challenging Constitutionality Of Sect. 33(b) Of Indian Succession Act Providing 50% Share Of Deceased Husband’s Property To His Kin [Read Judgment]

Live Law  

The provisions of the Act, 1925 have withstood the test of time without much amendment, the court said.The Kerala High Court has turned down a widow’s plea challenging the constitutionality of Section 33 of the Indian Succession Act which provides 50 percent of deceased husband’s property to those who are kindred to him.Philomina had approached the high. The Kerala High …

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

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

Live Law  

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

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

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

Live Law  

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

Muslim Father-In-Law Under No Obligation To Maintain Son's Widow Under DV Act: Calcutta HC [Read Judgment]
7 years, 4 months ago

Muslim Father-In-Law Under No Obligation To Maintain Son's Widow Under DV Act: Calcutta HC [Read Judgment]

Live Law  

The Calcutta High Court, on Friday, exempted a father-in-law from maintaining his son's widow, opining that he was under no obligation to maintain her.The Court had been approached by one Ms. Shabnam Parveen, who had demanded maintenance from her father-in-law, contending that he was the one handling the family business after her husband's death.Assessing her plea, Justice Md. The Calcutta …

Muslim Father-In-Law Under No Obligation To Maintain Son's Widow Under DV Act: Calcutta HC [Read Judgment]
7 years, 4 months ago

Muslim Father-In-Law Under No Obligation To Maintain Son's Widow Under DV Act: Calcutta HC [Read Judgment]

Live Law  

The Calcutta High Court, on Friday, exempted a father-in-law from maintaining his son's widow, opining that he was under no obligation to maintain her.The Court had been approached by one Ms. Shabnam Parveen, who had demanded maintenance from her father-in-law, contending that he was the one handling the family business after her husband's death.Assessing her plea, Justice Md. The Calcutta …

Marriage Certificate should not be insisted for sanctioning Family Pension if the widow proves herself to be heir: Madras HC [Read Judgment]
9 years, 4 months ago

Marriage Certificate should not be insisted for sanctioning Family Pension if the widow proves herself to be heir: Madras HC [Read Judgment]

Live Law  

The Madras High Court Madurai bench while hearing a case relating to allowing family pension to the second wife held that officials should not insist on production of marriage certificate from Tahsildar or Registrar or District Court for sanctioning family pension when a widow produces 'heir' certificate.The Writ petition was filed by G. Pushpam, the widow of Late A. Ganesan …

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