Woman's Rights Over Deceased Husband's Property Cease if Remarriage Proven: Chhattisgarh HC
3 years, 6 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 husband's cousin brother Loknath, who claimed that she had remarried as per local rituals. As per the order, the dispute relates to the sharing of property of Kiya's husband Ghasi, who died in 1942 at Chichor Umaraiya village in the state's Raigarh district. ".as it has already been held that the effect of remarriage would be, widow loses her right in the property inherited from her husband and unless the fact of remarriage is strictly proved after observing the ceremonies required as per Section 6 of the Hindu Widows' Remarriage Act 1856, the fact of remarriage cannot be said to be established by which the right to property, which is a constitutional right, is lost that too by widow," it said.

Property Court Right Husband Chhattisgarh Her Daughter Widow Loknath Kiya Remarriage Ghasi  womans  right  suit  hc  order  property  remarriage  husbands  widow  husband  remarried  kiya  court  deceased  cease  chhattisgarh  rights  proven

History of this topic

Defendants Cannot Introduce Death Certificate As Additional Evidence Without Relevant Pleadings: Jharkhand HC Rules In Property Dispute
1 day, 5 hours ago

Defendants Cannot Introduce Death Certificate As Additional Evidence Without Relevant Pleadings: Jharkhand HC Rules In Property Dispute

Live Law  

Setting aside an order of a district court allowing introduction of a death certificate as evidence in a property dispute, the Jharkhand High Court said that a death certificate issued years after the death, based solely on an affidavit, cannot be admitted as additional evidence if it lacks evidentiary basis and is inconsistent with the pleadings. Presiding over the case …

Hindu Succession Act Doesn't Disqualify Widows From Inheriting Deceased Husband's Property After Remarriage: Madras High Court
4 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 …

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

S. 14 HSA | Hindu Woman Can Claim Absolute Ownership Of Property Possessed Under Her Antecedent Maintenance Right: Supreme Court
1 month, 3 weeks 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
1 month, 3 weeks 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 …

Hindu Succession Act | 2005 Amendment Giving Equal Rights To Daughter Resulted In Reducing Shares Of Mother & Widow : Madras High Court
2 months 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
2 months, 1 week 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 …

Widowed Daughter-in-law Not Required to Live in Matrimonial Home for Maintenance: Allahabad HC
4 months, 1 week ago

Widowed Daughter-in-law Not Required to Live in Matrimonial Home for Maintenance: Allahabad HC

News 18  

In a significant ruling, the Allahabad High Court held that under the Hindu Adoptions and Maintenance Act, 1956, it is not mandatory for a widowed daughter-in-law to reside in her matrimonial home to claim maintenance from her father-in-law. “Merely because the lady may have made that choice may neither lead us to the conclusion that she had separated from her …

Wife's Suit For Declaration Of Right In Ex-Husband's Property Maintainable Before Family Court: Karnataka High Court
5 months, 1 week ago

Wife's Suit For Declaration Of Right In Ex-Husband's Property Maintainable Before Family Court: Karnataka High Court

Live Law  

The Karnataka High Court has said that a suit filed by a wife before the family court to seek a declaration of share in property of her divorced husband as agreed in the terms of divorce, is maintainable. A division bench of Justices Krishna S Dixit and Vijaykumar A Patil dismissed an appeal filed by the ex-husband questioning the jurisdiction …

Hindu Succession Act | Hindu Woman Can Claim Full Ownership Of Property Under S.14(1) Only If She Possesses It : Supreme Court
7 months, 4 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
8 months, 3 weeks 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 …

Divorced Muslim woman’s right to maintenance applies even after remarriage: HC
1 year ago

Divorced Muslim woman’s right to maintenance applies even after remarriage: HC

Hindustan Times  

MUMBAI: The Bombay high court on Tuesday held that a divorced Muslim woman’s right to maintenance from her former husband is unconditional and applicable even after she is remarried. HT Image The single judge bench of justice Rajesh Patil said that though the word “remarriage” was missing from section 3 of the Muslim Women Act, 1986, under which divorced Muslim …

Hindu Succession Act | Legal Heirs Of Daughters Who Died Before 2005 Amendment Entitled To Equal Share In Family Property: Karnataka High Court
1 year 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 …

HAMA | Daughter Cannot Continue Mother's Maintenance Claim After Her Death: Bombay High Court
1 year, 5 months ago

HAMA | Daughter Cannot Continue Mother's Maintenance Claim After Her Death: Bombay High Court

Live Law  

The Bombay High Court recently held that daughter cannot continue her mother’s claim of maintenance from husband after her death, as the right to claim maintenance under the Hindu Adoption and Maintenance Act is an individual right against another person. “right to claim maintenance under the personal laws viz., Hindu Adoption and Maintenance Act, Muslim Law, Christen Law is in …

Married Daughter Of Hindu Malayala Kammala Given Stridhan Also Entitled To Share In Self-Acquired Property Of Parent: Kerala High Court
1 year, 7 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, …

Kerala Muslim Couple's Remarriage after 29 Years Creates Ripples in Community
1 year, 10 months ago

Kerala Muslim Couple's Remarriage after 29 Years Creates Ripples in Community

News 18  

Even as a debate rages over a Uniform Civil Code in the country, a Kerala Muslim couple in their early fifties entered into a marriage contract on March 8 in Kasargod, the northernmost district of the state. The act may have far-reaching consequences in their community, more so than their personal lives, as it has triggered a discussion on International …

Inheritance of No Loss: Gond Tribal Widow Following Hindu Customs Entitled to Inherit Husband's Property, Says HC
2 years, 1 month ago

Inheritance of No Loss: Gond Tribal Widow Following Hindu Customs Entitled to Inherit Husband's Property, Says HC

News 18  

In the absence of any evidence in a property suit to establish a custom that denied her the right, the Chhattisgarh High Court recently held that a Gond tribal woman was entitled to inherit succession in the property left by her dead husband as per the Hindu Succession Act. A bench of Justice Narendra Kumar Vyas observed: “Section 2 of …

Hindu Succession Act | Children Born From A Widow's First Marriage Can Inherit Property From Her Second Husband: Gujarat High Court
2 years, 6 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 …

Wife Remarrying After Husband's Death In Accident Does Not Disentitle Her From Compensation Under Employees' Compensation Act: Rajasthan High Court
2 years, 7 months ago

Wife Remarrying After Husband's Death In Accident Does Not Disentitle Her From Compensation Under Employees' Compensation Act: Rajasthan High Court

Live Law  

The Rajasthan High Court has observed that remarrying of the deceased's wife does not disentitle her from claiming compensation for death of her husband under Employees' Compensation Act, 1923. The court added that the amount of compensation awarded by the trial court looking at the young age of the deceased and number of claimants cannot be said to be unreasonable.Justice …

Hindu Succession Act - HUF Property Is Presumed For Be For Widow's Maintenance When She Has Its Settled & Exclusive Possession : Supreme Court
2 years, 7 months ago

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

Live Law  

The Supreme Court observed that settled exclusive possession of a property of Hindu Undivided Family by a widow would create a presumption that such property was earmarked for realization of her pre-existing right of maintenance.This is more particularly when the surviving coparcener did not earmark any alternative property for recognizing her pre-existing right of maintenance, the. The Supreme Court observed …

Succession law: Govt backs provision that prioritises husband’s kin
2 years, 7 months ago

Succession law: Govt backs provision that prioritises husband’s kin

Hindustan Times  

The Union government has defended in the Supreme Court a provision in succession law that puts the husband’s family first in the line of inheritance, before the woman’s own parents, if she died without executing a will. The petition argued that sections 15 and 16 of the Act “unveils deeply rooted patriarchal ideology.” Submitting its affidavit on Tuesday, the Centre …

Wife Can't Be Denied Maintenance On Grounds That She Is Well-Educated: Punjab And Haryana High Court
2 years, 8 months ago

Wife Can't Be Denied Maintenance On Grounds That She Is Well-Educated: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court has observed that a wife cannot be denied maintenance on the grounds of being well-educated and that a husband is legally and morally responsible to look after his wife and childrenThe Bench of Justice Rajesh Bhardwaj observed thus in a petition filed by a husband challenging an order of the Principal Judge, directing him …

'The Tribal Society Too Isn't Untouched By The Winds of Socio-Economic Change': Jharkhand HC Upholds Inheritance By Female Heir
2 years, 8 months ago

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

Live Law  

The Jharkhand High Court recently upheld the right of a female on inheritance, despite being barred by customary law white, noting that each case has to be judged individually regarding the applicable custom. Based on the findings in the Laxmibai case, the High Court noted that an irregular and inconsistent practice of a custom could not accord it a binding …

Hindu Succession Act | Daughters Entitled To An Equal Share In Property Inherited By Their Parents: Chhattisgarh High Court Reiterates
2 years, 10 months ago

Hindu Succession Act | Daughters Entitled To An Equal Share In Property Inherited By Their Parents: Chhattisgarh High Court Reiterates

Live Law  

The Chhattisgarh High Court has recently held that as per Hindu Succession Act as amended in 2005, the daughters are also entitled to get an equal share in the property inherited by their parents. On doing so, it noted, "Since the plaintiff and defendants are coparcener of the joint Hindu family property, as per Hindu Succession Act as amended in …

Daughters to inherit self-acquired properties of fathers dying without a will: Supreme Court
2 years, 11 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 …

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, 4 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, …

Widow Loses Right In Property Inherited From Previous Husband On Valid Remarriage : Chhattisgarh High Court
3 years, 6 months ago

Widow Loses Right In Property Inherited From Previous Husband On Valid Remarriage : Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has held that the effect of a valid remarriage is that the widow loses her right in the property inherited from her previous husband and that the same cannot be said to be established unless strictly proved under the statutory requirements. A single judge bench comprising of Justice Sanjay K Agrawal observed thus: "The effect of …

"Why Marriage Not Ended Legitimately?": P&H High Court Questions Man Who Is In Live In Relation After Wife Allegedly Deserts Him
3 years, 6 months ago

"Why Marriage Not Ended Legitimately?": P&H High Court Questions Man Who Is In Live In Relation After Wife Allegedly Deserts Him

Live Law  

The Punjab & Haryana High Court last week questioned a man as to why he didn't legitimately end his matrimonial alliance from his wife, after he filed a protection plea and claimed that he has been compelled to provide motherly care to his children since his wife has deserted him. However, in order to avoid any possibility of the female …

Heirs of Woman's Father Can Inherit Property Under Hindu Succession Act: SC
3 years, 10 months ago

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

News 18  

The Supreme Court has said heirs of the father of a woman can inherit property under the Hindu Succession Act and they cannot be held as "strangers". A bench of Justices Ashok Bhushan and R Subhash Reddy referred to Section 15 of the Hindu Succession Act and said the heirs of the parental side of a Hindu woman are covered …

Married Hindu Woman Can Enter 'Family Settlement' With Her Heirs On Parental Side: Supreme Court
3 years, 10 months 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, …

When A Man Marries A Woman Knowing Fully That She Was Not Legally Divorced From Her Earlier Marriage Can't Plead Invalidity Of Marriage In 125 Proceedings: Chhattisgarh HC
3 years, 10 months ago

When A Man Marries A Woman Knowing Fully That She Was Not Legally Divorced From Her Earlier Marriage Can't Plead Invalidity Of Marriage In 125 Proceedings: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court has held that a man, who marries a woman knowing fully well that her earlier marriage has not ended in a valid divorce, is estopped from raising plea of invalidity of marriage in maintenance proceedings under Section 125 of CrPC. The observation was made by a Single Bench of Justice Rajendra Chandra Singh Samant while presiding …

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, 4 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, 4 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 …

Remarriage Of Widow Not A Decisive Factor For Computing Motor Accident Compensation: Kerala HC [Read Judgment]
4 years, 6 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 …

Woman Who Solemnizes 'Kareva' Marriage After Death Of Her Husband Is Not Entitled To Receive Widow Pension: Punjab & Haryana HC [Read Order]
4 years, 6 months ago

Woman Who Solemnizes 'Kareva' Marriage After Death Of Her Husband Is Not Entitled To Receive Widow Pension: Punjab & Haryana HC [Read Order]

Live Law  

The Punjab and Haryana High Court has clarified that a woman who solemnizes 'Kareva' marriage after death of her husband, is not entitled to receive widow pension as she is no longer a "destitute". 1,82,727/- that was released to her towards widow pension under the 'Haryana Pension to Widows and Destitute Women Scheme Rules, 1988-1989', on the ground that she …

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 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 …

Hindu Succession - Property Inherited From Father By Sons Becomes Joint Family Property In The Hands Of Sons : SC[Read Judgment]
5 years, 6 months ago

Hindu Succession - Property Inherited From Father By Sons Becomes Joint Family Property In The Hands Of Sons : SC[Read Judgment]

Live Law  

The Supreme Court has ruled that property inherited from father by sons becomes joint family property in the hands of sons.The bench of Justices A M Khanwilkar and Ajay Rastogi held so in the case Dodamuniyappa through LRs vs Muniswamy and others.Case backgroundThe respondent Muniswamy and five others, the plaintiffs, are the grandchildren of one Chikkanna, the propositus of a …

Widow Cannot Be Deprived Of Property Vested In Her Merely For Contracting A Second Marriage: Karnataka HC [Read Order]
5 years, 6 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 …

Inherited Property Of Hindu Widow Who Dies Intestate Shall Devolve Upon Both Son And Daughter: Bombay HC [Read Judgment]
5 years, 9 months ago

Inherited Property Of Hindu Widow Who Dies Intestate Shall Devolve Upon Both Son And Daughter: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court recently denied relief to a man claiming sole right over ancestral property left behind after the death of both his parents and ruled in favour of his sister who is claiming her right over the said property. The court held that inherited property of a widow covered under the Hindu Succession Act shall devolve upon her …

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