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 would be entitled to the property inherited by the father in the said notional partition. In interpreting the Section 6 of the Hindu Succession Act, the Chief Justice highlighted that prior to the substitution of the Act in 2005, when a male Hindu died after the commencement of the Act, who had an interest in a Hindu Mitakshara Joint Family Property, his share would devolve by survivorship and not in accordance to the provisions of the act. He said– "So, whatever the father gets, in that both the legitimate and the children born from void or voidable marriage will get a share. In Bharatha Matha & another Vs. R. Vijaya Renganathan & others, AIR 2010 SC 2685 and Jinia Keotin Vs. Kumar Sitaram 1 SCC 730, the Apex Court had taken a view that the children born out of the void marriage were not entitled to claim inheritance of the ancestral coparcenary property and were entitled to claim a share only in the self acquired property of their father.

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History of this topic

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court
1 month, 2 weeks ago

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court

Live Law  

The Gujarat High Court dismissed a wife's revision plea challenging a family court order which rejected her Order VII Rule 11 CPC application for rejection of her husband's 'composite suit' for nullity of marriage and divorce alleging cruelty, after noting that there is no prohibition on filing such a suit or joint petition. Therefore, there cannot be any bar in …

Daughter Born Before Partition Of Ancestral Property Prior To Amendment Of S.6 Of Hindu Succession Act Cannot Claim Right In Father's Share: Karnataka HC
1 month, 4 weeks ago

Daughter Born Before Partition Of Ancestral Property Prior To Amendment Of S.6 Of Hindu Succession Act Cannot Claim Right In Father's Share: Karnataka HC

Live Law  

The Karnataka High Court has said that daughter who was already born at the time of a partition that took place before 20th December 2004, between the father and his sons, cannot be elevated to the status of the daughter born after the partition and cannot claim the share in the property allotted to the father or challenge the alienation …

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

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

Know The Law | Supreme Court Explains Doctrine of Relation Back In Hindu Succession & Adoption Laws
2 months, 3 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, 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 …

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 …

Can Declaratory Decree For Adding Children From Void Marriage To Service Record Be Refused Despite S. 16 HMA? : Allahabad HC To Decide
4 months, 2 weeks ago

Can Declaratory Decree For Adding Children From Void Marriage To Service Record Be Refused Despite S. 16 HMA? : Allahabad HC To Decide

Live Law  

The Allahabad High Court is set to decide a substantial question of law regarding whether a civil court can deny a declaratory decree to enter the names of children born out of a void marriage into his service records despite the law contained under Section 16 of the Hindu Marriage Act 1955, which grants legitimacy to children born out of …

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 …

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 …

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court
1 year, 1 month ago

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that pendente lite maintenance passed by Family Court under Section 24 of Hindu Marriage Act, 1955 is amenable to an appeal before High Court under Section 19 of the Family Courts Act.For context as per Section 19 of the Family Court, an appeal shall lie from every judgment or order, …

Children From Void Marriage Can't Be Denied Share In Their Parent's Property : Supreme Court
1 year, 2 months ago

Children From Void Marriage Can't Be Denied Share In Their Parent's Property : Supreme Court

Live Law  

The Supreme Court on Friday held that the children born out of a void and voidable marriage shall be considered as legitimate children and be treated as an extended family of the common ancestor for the purpose of deciding a valid share in the property of the common ancestor. Reversing the findings of the High Court, the Bench of Justices …

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 Marriage Can Be Dissolved Through Customary Divorce If Existence Of Such A Customary Right Is Established : Supreme Court
1 year, 5 months ago

Hindu Marriage Can Be Dissolved Through Customary Divorce If Existence Of Such A Customary Right Is Established : Supreme Court

Live Law  

The Supreme Court observed that a Hindu marriage can be dissolved through a customary divorce deed, provided the existence of such a customary right is established.This is by virtue of Section 29 of the Hindu Marriage Act 1955, which states the none of the provisions of the Act will affect any right recognised by custom or conferred by any special …

Mother Can't Relinquish Property Rights Of Minor Children Without Proper Documentation: Telangana High Court
1 year, 5 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 …

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XVI]
1 year, 5 months ago

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XVI]

Live Law  

The Court having jurisdiction to grant a Succession Certificate is the District Judge within whose territorial limits the deceased ordinarily resided at the time of his death.. In the State of Kerala the State Government, in exercise of their power under Section 388 of the Indian Succession Act issued two notifications on 06-02-1958 which read as follows:- "i) In exercise …

[Hindu Marriage Act] Children Born Out Of Void Marriage Can't Claim Share In Joint Family Property: Telangana High Court
1 year, 6 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, 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 Act | To Decide Shares Of Heirs, First Step Is To Ascertain Share Of Deceased In Coparcenary Property On Date Of Death : Supreme Court
1 year, 6 months ago

Hindu Succession Act | To Decide Shares Of Heirs, First Step Is To Ascertain Share Of Deceased In Coparcenary Property On Date Of Death : Supreme Court

Live Law  

Tried and tested many times over, the issue of succession to Mitakshara coparcenary property continues to raise its head time and again like an undying Hydra of Lerna, the Supreme Court remarked while disposing a civil appeal.In this case, a partition suit was filed in the year 1991 and the same was decreed by the Trial Court in the year …

Children from void, voidable marriages entitled to parents’ share in ancestral property: SC
1 year, 6 months ago

Children from void, voidable marriages entitled to parents’ share in ancestral property: SC

The Hindu  

The Supreme Court on September 1 held that a child born of a void or voidable marriage can inherit the parent’s share in a joint Hindu family property governed by the Mitakshara law. Chief Justice Chandrachud said the first step to inheritance of a child from a void or voidable marriage would be to ascertain the exact share of his …

Hindu Succession Act | Possession Of Property Necessary For Woman To Claim Rights Under Section 14 : Supreme Court
1 year, 7 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, 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 …

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XI]
1 year, 8 months ago

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XI]

Live Law  

Q.51 What are the modes of revocation of an unprivileged Will or codicil? Section 70 of the Indian Succession Act deals with the revocation of unprivileged Will or codicil. The said Section reads as follows:- “70: Revocation of unprivileged Will or co dicil No unprivileged Will or codicil, nor any part thereof, shall be revoked otherwise than by marriage, or …

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, …

Property Rights: When Can A Daughter Claim Her Father's Property?
1 year, 10 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, 11 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 …

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 …

Supreme Court Annual Digest 2022- Hindu Law
2 years, 2 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, 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 …

Supreme Court Dismisses Plea Seeking Amendment Of Hindu Succession Act As Recommended In 204th Law Commission Report
2 years, 6 months ago

Supreme Court Dismisses Plea Seeking Amendment Of Hindu Succession Act As Recommended In 204th Law Commission Report

Live Law  

The Supreme Court dismissed a writ petition seeking direction to amend the Hindu Succession Act 1956 as recommended by the Law Commission of India in its 204th report.The bench comprising Justices DY Chandrachud and Hima Kohli noted that the petitioner is not an aggreived person. The Supreme Court dismissed a writ petition seeking direction to amend the Hindu Succession Act …

How to deal with claims on a property when there is no will
2 years, 7 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 …

Production Of Succession Certificate Mandatory When Decree Holder Dies Only If Decree Amount Comes Under 'Debts' Or 'Securities': Kerala High Court
2 years, 8 months ago

Production Of Succession Certificate Mandatory When Decree Holder Dies Only If Decree Amount Comes Under 'Debts' Or 'Securities': Kerala High Court

Live Law  

The Kerala High Court on Friday held that the production of succession certificate is mandatory as per Section 214 of the Succession Act when the decree holder dies in cases where the decree amount comes under the category 'debts' or 'securities'.Justice A Badharudeen further added that when the decree holder dies after the deposit has been made, an exemption is …

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 …

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 …

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