Choice to be governed by a secular inheritance law must apply across faiths: CJI
1 month, 3 weeks ago

Choice to be governed by a secular inheritance law must apply across faiths: CJI

The Hindu  

Chief Justice of India Sanjiv Khanna on Tuesday orally observed that the freedom to become a non-believer and choose to be governed by secular inheritance laws of the country must apply across faiths. The Chief Justice’s observation came while hearing a petition filed by a Kerala-based woman, Safiya P.M., who said that though born a Muslim, she was now a non-believer and wished to be governed by secular statutes like the Indian Succession Act rather than the Sharia law. “If it is to apply to one faith, it must apply to all faiths,” Chief Justice Khanna, who was heading the Bench comprising Justices Sanjay Kumar and KV Viswanathan, said. “Persons who do not want to be governed by the Muslim Personal Law must be allowed to be governed by the secular law of the country, viz, the Indian Succession Act, 1925 both in the case of intestate and testamentary succession,” the petition said.

Justice Succession Inheritance Muslim Personal Law Muslim Chief Khanna Cji Petition Safiya Padmanabhan Governed Secular Law  cji  faiths  justice  governed  secular  law  apply  chief  inheritance  petition  act  muslim  succession  choice

History of this topic

Why should religion govern people who renounce faith, asks Safiya
1 month, 3 weeks ago

Why should religion govern people who renounce faith, asks Safiya

New Indian Express  

KOCHI: Safiya P M has been swamped with phone calls for the past couple of days ever since the Supreme Court sought the Union government’s view on her petition seeking to declare that people who renounced religion be governed by secular laws in matters of succession. A resident of Alappuzha, Safiya had moved the SC stating that she is a …

Supreme Court Seeks Union's Response On Ex-Muslim's Plea To Be Governed By Indian Succession Act Instead Of Shariat Law
1 month, 3 weeks ago

Supreme Court Seeks Union's Response On Ex-Muslim's Plea To Be Governed By Indian Succession Act Instead Of Shariat Law

Live Law  

The Supreme Court today directed the Union to file its reply in 4 weeks in a plea 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. The bench of CJI Sanjiv Khanna and Justices Sanjay Kumar, KV Viswanathan was hearing a plea by the …

Court seeks Centre's stand on Muslim woman's plea for secular succession rights
1 month, 3 weeks ago

Court seeks Centre's stand on Muslim woman's plea for secular succession rights

India Today  

The Supreme Court on Tuesday asked for the Centre's stand on a Muslim woman's plea seeking to be governed by the Indian succession law instead of Shariat. She also sought a declaration that the persons who didn't wish to be governed by the Muslim personal law must be allowed to be governed by the "secular law of the country" -- …

Know The Law | Supreme Court Explains Doctrine of Relation Back In Hindu Succession & Adoption Laws
2 months, 2 weeks ago

Know The Law | Supreme Court Explains Doctrine of Relation Back In Hindu Succession & Adoption Laws

Live Law  

Applicable to various branches of civil law, the 'Doctrine of Relation Back' refers to a principle that creates a legal fiction where certain acts or rights are allowed to take effect retroactively from an earlier date than the actual date of occurrence. The question was whether an adopted son could assert ownership rights over his adoptive mother's absolute property acquired …

Supreme Court Upholds Tribal Woman's Inheritance Rights; Urges Parliament To Extend Hindu Succession Act To Scheduled Tribes
Trending News
3 months 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 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 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, 1 week ago

Will Hindu women inherit full ownership rights to husband’s property? SC to rule today

India TV News  

The Supreme Court is set to straighten out the confusion concerning interpretations of property rights granted to Hindu women under Section 14 of the Hindu Succession Act, 1956. Hindu Succession Act Section 14 explained Section 14 of the Hindu Succession Act was introduced to tackle discriminatory customary laws and to ensure that Hindu women have full ownership of the property …

Hindu Succession Act | Supreme Court Refers To Larger Bench Conflicting Opinions On Female Hindu's Rights Under S.14
3 months, 1 week 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 …

Daughters can’t inherit father’s property before 1956, HC clarifies
4 months, 1 week 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, 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 …

Ex-Muslim woman from Kerala challenges Muslim Personal Law provisions on inheritance, CJI agrees to hear her case
10 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 …

SC seeks government’s response on non-believer’s plea to be governed by secular law, not Sharia
10 months, 3 weeks ago

SC seeks government’s response on non-believer’s plea to be governed by secular law, not Sharia

The Hindu  

The Supreme Court on April 29 sought the Union Government’s response to a petition filed by a Kerala-based woman, who said she, though born a Muslim, is now a non-believer, and should be governed by the secular statutes rather than the Sharia law. Mr. Padmanabhan submitted that the Supreme Court has already underscored the “fundamental postulate of secularism which treats …

Can Hindu Law Principles Be Applied While Deciding Inheritance Rights Under Mohammedan Law? Supreme Court To Examine
1 year, 1 month 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
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 …

Hindu Succession | 'Issue Is Of Parents' Ancestral Property' : Supreme Court Reserves Judgment On Right Of Child From Invalid Marriage
1 year, 7 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, 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 …

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 …

Hindu Succession Act | Children Born From A Widow's First Marriage Can Inherit Property From Her Second Husband: Gujarat High Court
2 years, 8 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 …

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 …

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 …

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 …

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 …

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

Daughters have equal birthright to inherit property: Supreme Court
4 years, 7 months ago

Daughters have equal birthright to inherit property: Supreme Court

The Hindu  

The Supreme Court on Tuesday held that daughters, like sons, have an equal birthright to inherit joint Hindu family property. The court decided that the amended Hindu Succession Act, which gives daughters equal rights to ancestral property, will have a retrospective effect. The judgment agreed with lead arguments made by senior advocate Bishwajit Bhattacharya that the substituted Section 6 of …

Hindu Succession -Property Of Hindu Male Undergoes Notional Partition On His Death To Devolve On Heirs; No Longer Joint Family Property : SC [Read Judgment]
5 years, 2 months ago

Hindu Succession -Property Of Hindu Male Undergoes Notional Partition On His Death To Devolve On Heirs; No Longer Joint Family Property : SC [Read Judgment]

Live Law  

The Supreme Court discussed the principles of succession as per Hindu Succession Act 1956 in a recent judgment.Referring to Sections 6 and 8 of the Act, the Court said that on death of a Hindu male, notional partition of his property will take place, and it will devolve on the legal heirs based on their respective shares. Since it was …

Breaking: No Prohibition For Succession Of The Property In India By A Foreign National By Inheritance: SC [Read Judgment]
6 years, 10 months ago

Breaking: No Prohibition For Succession Of The Property In India By A Foreign National By Inheritance: SC [Read Judgment]

Live Law  

This Act does not bar the succession of property of any Indian Christian by a person who is not an Indian national, the bench said.Holding that a Pakistani sister is entitled to inherit a share of the property of an Indian citizen, the Supreme Court has observed that there is no prohibition for the succession of the property in India …

Breaking: No Prohibition For Succession Of The Property In India By A Foreign National By Inheritance: SC [Read Judgment]
6 years, 10 months ago

Breaking: No Prohibition For Succession Of The Property In India By A Foreign National By Inheritance: SC [Read Judgment]

Live Law  

This Act does not bar the succession of property of any Indian Christian by a person who is not an Indian national, the bench said.Holding that a Pakistani sister is entitled to inherit a share of the property of an Indian citizen, the Supreme Court has observed that there is no prohibition for the succession of the property in India …

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, 1 month 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, 1 month 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 …

The Religion of Succession
10 years, 10 months ago

The Religion of Succession

Live Law  

The Constitutional mandate set out as Directive Principles of the Constitution defines the agenda for state action in the area of legislation and policy. Under Hindu Succession Act, prior to statutory amendment of 2005, only sons could acquire a share in the joint family property by birth. The daughter could only inherit her father’s 1/3rd share in the Joint Family …

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