Supreme Court Upholds Tribal Woman's Inheritance Rights; Urges Parliament To Extend Hindu Succession Act To Scheduled Tribes
Trending News
3 weeks, 1 day 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 if required, to amend the provisions of the Hindu Succession Act by which the Hindu Succession Act is not made applicable to the members of the Scheduled Tribe.” A bench consisting of Justice CT Ravikumar and Justice Sanjay Karol was hearing an appeal challenging the decision of the Chhattisgarh High Court, which granted property rights to the respondents from the 'Sawara Tribe', a notified scheduled tribe under Article 342 of the Constitution. Rejecting the Appellant's argument, the High Court invoked the principles of justice, equity, and good conscience to extend the survivorship benefit under the Hindu Succession Act to the Respondent despite noting that HSA does not apply to members of the Scheduled Tribe. In Madhu Kishwar, Ramaswamy, J. observed: “I would hold that the provisions of the Hindu Succession Act, 1956 and the Indian Succession Act, 1925 though in terms, would not apply to the Scheduled Tribes, the general principles contained therein being consistent with justice, equity, fairness, justness and good conscience would apply to them. Accordingly I hold that the Scheduled Tribe women would succeed to the estate of their parent, brother, husband, as heirs by intestate succession and inherit the property with equal share with the male heir with absolute rights as per the general principles of the Hindu Succession Act, 1956, as amended and interpreted by this Court and equally of the Indian Succession Act to tribal Christians…” “Having considered the pronouncements of this Court as aforesaid, and keeping in view the fact that Mardan passed away in the year 1951, that is, prior to the enactment of HSA, 1956, we find no error in the judgment of the High Court applying the provisions of the Central Provinces Laws Act, 1875 and more particularly Section 6 thereof which postulates the application of the principle of justice, equity and good conscience, to account for possibilities not covered by Section 5 of the Act.”, the Court said.

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History of this topic

Supreme Court calls for property rights parity for tribal women
3 weeks, 1 day ago

Supreme Court calls for property rights parity for tribal women

Hindustan Times  

The Supreme Court has urged the Union government to consider amending the Hindu Succession Act, 1956, which disqualifies a scheduled tribe woman from being considered on par with male counterparts in matters of her share in the paternal property. A bench of justices CT Ravikumar and Sanjay Karol, in a ruling on Thursday, made the recommendation, referring to a 2022 …

Supreme Court Upholds Tribal Woman's Inheritance Rights; Urges Parliament To Extend Hindu Succession Act To Scheduled Tribes
Trending News
3 weeks, 1 day 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 weeks, 3 days 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 …

SC to rule on property rights of Hindu women
Trending News
1 month 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
1 month 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
1 month, 2 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, 2 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 …

Daughter Has No Inheritance Right In Father's Properties If He Died Before 1956, Leaving Behind Daughter & Her Mother: Bombay High Court
Trending News
1 month, 4 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
1 month, 4 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 …

Hindu Succession Act | 2005 Amendment Giving Equal Rights To Daughter Resulted In Reducing Shares Of Mother & Widow : Madras High Court
1 month, 4 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
6 months 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 …

[Indian Succession Act] Question Of Title Over Property Can't Be Decided During Probate Proceedings, Requires Filing Of Separate Suit: Patna High Court
6 months, 4 weeks ago

[Indian Succession Act] Question Of Title Over Property Can't Be Decided During Probate Proceedings, Requires Filing Of Separate Suit: Patna High Court

Live Law  

The Patna High Court has held that the probate proceedings are not the appropriate stage to adjudicate on the title and interest of a testator under the Indian Succession Act, 1925 and that the determination over the question of title could be done only by filing a separate suit. The High Court stated that probate proceedings are not a place …

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

Uttarakhand’s Uniform Civil Code: Unifying laws or dividing communities?
10 months, 1 week ago

Uttarakhand’s Uniform Civil Code: Unifying laws or dividing communities?

The Hindu  

Published : Feb 29, 2024 15:26 IST - 14 MINS READ All the transient provisions in the Constitution, such as for language, reservation, special status to Jammu and Kashmir, or the Uniform Civil Code, were treated as transient because there was no unanimity at the time of the Constituent Assembly debates. In 1956, The Hindu Code Bill came into being …

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 …

Succession Act 1925 | Appeal Against Civil Judge Order Denying Succession Certificate Lies Before District Judge Not HC: Allahabad High Court
1 year, 1 month ago

Succession Act 1925 | Appeal Against Civil Judge Order Denying Succession Certificate Lies Before District Judge Not HC: Allahabad High Court

Live Law  

The Allahabad High Court has held that an appeal against the order of a Civil Judge rejecting a plea for the issuance of a succession certificate would lie before the District Judge under Section 388 of the Indian Succession Act, 1925, and not before the High Court under Section 384 of the Act. The proviso to sub­section creates an exception …

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XVI]
1 year, 3 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 Succession Act | Possession Of Property Necessary For Woman To Claim Rights Under Section 14 : Supreme Court
1 year, 4 months ago

Hindu Succession Act | Possession Of Property Necessary For Woman To Claim Rights Under Section 14 : Supreme Court

Live Law  

The Supreme Court has reiterated that for a Hindu female to claim rights under Section 14 of the Hindu Succession Act 1956, she has to be in possession of the property.Section 14 states that property of a female Hindu will be her absolute property. The Supreme Court has reiterated that for a Hindu female to claim rights under Section 14 …

Hindu Succession | Is Child From Void/Voidable Marriage Entitled To Coparcenary Share Inherited By Father? Supreme Court Discusses
1 year, 4 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 …

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

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

Live Law  

Q.56 What is the scope of the prohibition under Section 213 of the Indian Succession Act, 1925? Q.58 When were Indian Christians excluded from the operation of Section 213 of the Indian Succession Act, 1925? In the case of Indian Christians in Kerala, the above mandate under Section 213 of the Indian Succession Act to have the Will probated etc. …

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, …

Of wills and trusts: Why women need to have their own succession plan
1 year, 10 months 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 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, 1 month ago

Scheduled Tribe Women Not Entitled To Any 'Right Of Survivorship' Under Hindu Succession Act: Supreme Court Urges Centre To Bring Suitable Amendment

Live Law  

The Supreme Court held that a female member of the scheduled tribe is not entitled to any right of survivorship under the provisions of Hindu Succession Act.The bench of Justices MR Shah and Krishna Murari urged the Central Government to consider whether it is necessary to bring a suitable amendment to Hindu Succession Act in this regard. The Supreme Court …

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

How to deal with claims on a property when there is no will
2 years, 5 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 …

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 …

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 …

'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 …

Need For Addressing The Gender Stereotypes Under The Hindu Succession Act, 1956
2 years, 8 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, 9 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
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 …

Discriminatory Nature Of Section 15, The Hindu Succession Act,1956
2 years, 10 months ago

Discriminatory Nature Of Section 15, The Hindu Succession Act,1956

Live Law  

The struggle of a Hindu woman to achieve equality in matters of succession has been going on for decades with major landmarks being the Hindu Women's Rights to Property Act, 1937, The Hindu Succession Act, 1956, and The Hindu Succession Act, 2005. One, in complete contrast to Section 15, Section 8 of the HSA provides the order of succession for …

Limited Estate Given To Hindu Wife By Way Of Will Can Become Absolute Under Sec14(1) Hindu Succession Act Only If Property Was Given For Her Maintenance: Supreme Court
2 years, 11 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 to hear plea challenging validity of Section 15 of Hindu Succession Act
2 years, 11 months ago

Supreme Court to hear plea challenging validity of Section 15 of Hindu Succession Act

India Today  

The Supreme Court will hear a plea challenging the validity of Section 15 of the Hindu Succession Act on 'Legal Heirs'. The plea stated that the Hindu Succession Act has "apparent discrimination in the devolution" on gender basis. According to the plea, filed by a Mumbai-based woman, under section 15, the heirs are counted differently in the case of married …

Supreme Court Posts Plea Challenging Validity Of Section 15 Hindu Succession Act Before 3-Judge Bench
2 years, 11 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. …

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 …

Inherited Property Of A Female Hindu Dying Issueless And Intestate Goes Back To The Source: Supreme Court
2 years, 11 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 …

Mechanical Compliance Of Stipulations U/Sec 63 Indian Succession Act Does Not Prove Execution Of Will: Supreme Court
3 years, 1 month ago

Mechanical Compliance Of Stipulations U/Sec 63 Indian Succession Act Does Not Prove Execution Of Will: Supreme Court

Live Law  

The Supreme Court observed that mechanical compliance of stipulations under Section 63 of the Indian Succession Act, 1925, does not prove the execution of a Will.Evidence of meeting the requirement of the said provision must be reliable, the bench of Justices L. Nageswara Rao and Aniruddha Bose said.In this case, the person claiming to be scribe of the Will as …

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, …

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, …

Property Rights: A Conversation Whose Time Is Now
4 years ago

Property Rights: A Conversation Whose Time Is Now

Live Law  

As multitudes of migrant workers took to the streets to walk hundreds of kilometres away from India's cities, even as the COVID-lockdown had compelled everyone else to stay in their homes, it inevitably brought to fore the scale of the housing crises which plagues some of the major cities and towns in India. Yet the first element that strikes anyone …

Hindu Succession Act, 1956: The Fight To End Gender-Based Discrimination Continues
4 years, 3 months ago

Hindu Succession Act, 1956: The Fight To End Gender-Based Discrimination Continues

Live Law  

The Supreme Court, in a recent judgment, ruled that a daughter has the same rights as a son in ancestral property under the Hindu Succession Act, 2005, irrespective of whether the father was alive at the time of the amendment. Till its amendment in 2005, the principle law - the Hindu Succession Act, 1956 - did not grant daughters rights …

Rights Of Daughters As Coparceners: A Giant Stride Towards Gender Equality - News18
4 years, 3 months ago

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

News 18  

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

End gender-based discrimination in the Hindu Succession Act
4 years, 4 months ago

End gender-based discrimination in the Hindu Succession Act

Hindustan Times  

On August 11, the Supreme Court of India ruled that a daughter has the same rights as a son in an ancestral property under the Hindu Succession Act, 2005, regardless of when the father may have died, which the principle law – the Hindu Succession Act, 1956 – originally did not grant. The assumptions in the Hindu Succession Act that …

A giant step to address gender injustice
4 years, 4 months ago

A giant step to address gender injustice

Live Mint  

The Supreme Court has removed the last vestiges of gender discrimination in coparcenary rights through a judgement that will bestow on daughters an equal right to joint family property retrospectively under the Hindu Succession Act, 1956. While the amendment to the law in 2005 granted daughters the right as coparceners, the confusion over whether their father needed to be alive …

Rights of daughters | Supreme Court ruling a wake-up call to family businesses
4 years, 4 months ago

Rights of daughters | Supreme Court ruling a wake-up call to family businesses

The Hindu  

Family businesses which have not yet recognised the rights of daughters will see an impact from the Supreme Court’s verdict on Tuesday that gives retrospective effect to a 2005 amendment to the Hindu Succession Act of 1956, experts said. The apex court has ruled that daughters will have equal coparcenary rights in a Hindu Undivided Family irrespective of whether the …

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