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 husband.Justice Shalini Phansalkar Joshi was hearing a. 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 husband. Case Background The petitioners challenged an order of the joint civil judge junior division, Pune, dated November 28, 2016, wherein a suit filed by the deceased’s husband was declared maintainable. 2 to 5 are not the children of deceased Sundarabai, then it follows that respondent also cannot have any share in the suit property in view of provisions of section 15 of the Hindu Succession Act, 1956. The court examined Section 15 of the Hindu Succession Act and said: Thus, as per sub section of section 15, notwithstanding anything contained in sub section, any property inherited by a female Hindu from her father or mother, shall devolve, in the absence of any son or daughter of the deceased not upon the legal heirs referred in sub section in the order specified therein, but upon the heirs of the father.

Children Property Pune Hindu Suit Her Husband Husband Her Father Bombay Section 15 Sub Section Female Hindu Sundarabai  hc  court  succession  judgment  parents  inherited  heirs  sundarabais  hindu  shall  read  children  petitioners  suit  order  property  husband

History of this topic

Legal Heirship Certificate Can Be Issued Based On Affidavit Of Applicant & Persons Known To Family Like Neighbours And Relatives: Madras HC
1 week, 1 day ago

Legal Heirship Certificate Can Be Issued Based On Affidavit Of Applicant & Persons Known To Family Like Neighbours And Relatives: Madras HC

Live Law  

The Madras High Court has recently observed that while applying for a legal heirship certificate, if no proof is available to determine who the legal heirs are, the authorities may prepare a report based on the affidavit given by the applicant and five affidavits of persons knowing the family, like a neighbour or a relative. The court was hearing a …

Legal clarity in complex times
2 weeks ago

Legal clarity in complex times

Deccan Chronicle  

l The Protection of Women from Domestic Violence Act, 2005 l The Hindu Succession Act, 2005 l The Indecent Representation of Women Act, 1986, on the personal front, and The Sexual Harassment of Women at Workplace Act, 2013. l Equal Remuneration Act, 1976 l On the professional front, there is the Maternity Benefit Act, 1961, among other regulations. “The legislature …

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court
1 month, 1 week 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, 3 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 …

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 …

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" -- …

Defendants Cannot Introduce Death Certificate As Additional Evidence Without Relevant Pleadings: Jharkhand HC Rules In Property Dispute
2 months, 1 week 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 …

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 …

Trial Courts Must Conduct Summary Inquiry Under O.22 R.5 CPC To Ascertain Legal Heirs In Disputes: Jharkhand High Court
2 months, 3 weeks ago

Trial Courts Must Conduct Summary Inquiry Under O.22 R.5 CPC To Ascertain Legal Heirs In Disputes: Jharkhand High Court

Live Law  

The Jharkhand High Court in a judgment delivered recently emphasised the mandatory nature of conducting a summary inquiry under Order 22 Rule 5 of the Civil Procedure Code when disputes arise regarding the legal heirs of a deceased plaintiff or defendant. Justice Subhash Chand, presiding over the case, held: “Where there is dispute in regards to legal heirs of deceased …

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 …

SC to rule on property rights of Hindu women
Trending News
3 months, 1 week 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, 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 …

Can I claim a share of my maternal grandparent’s property?
3 months, 2 weeks ago

Can I claim a share of my maternal grandparent’s property?

Live Mint  

My maternal grandparents have a property valued at close to ₹10 crore. After their demise, ideally, the property should have been distributed among children, i.e., the four sisters and two brothers, including my mother. As per HSA, Class I heirs include son, daughter, widow, mother, son of a pre-deceased son, daughter of a pre-deceased son, son of a predeceased daughter, …

Jharkhand Building Control Act | Family Member Residing With And Dependent On Deceased Tenant Qualifies As Legal Heir: High Court
3 months, 2 weeks ago

Jharkhand Building Control Act | Family Member Residing With And Dependent On Deceased Tenant Qualifies As Legal Heir: High Court

Live Law  

The Jharkhand High Court has held that a family member who resided with and was dependent on a deceased tenant qualifies as a legal heir under the proviso to Section 5 of the Jharkhand Building Act, 2011. and the proviso of Section 5 of the Jharkhand Building Act, 2011 the petitioner who has averred himself to be the nephew of …

S. 14 HSA | Hindu Woman Can Claim Absolute Ownership Of Property Possessed Under Her Antecedent Maintenance Right: Supreme Court
3 months, 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
4 months ago

Hindu Succession Act | Life Interest Given To Woman Will Not Transform Into Absolute Ownership As Per Section 14 : Supreme Court

Live Law  

The Supreme Court held that when a Hindu woman is given only a restricted estate in property, then she cannot claim to be the absolute owner of the property due to the application of Section 14 of the Hindu Succession Act 1956.Hence, such a property cannot be bequeathed through a Will.The property possessed by a Hindu woman will transform into …

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

Hindu society’s norms should not be challenged for property rights: SC
4 months, 2 weeks 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
6 months, 2 weeks 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 …

Telangana HC Rules Children Can’t Contest Mother’s Gift Settlement Deed
6 months, 3 weeks ago

Telangana HC Rules Children Can’t Contest Mother’s Gift Settlement Deed

Deccan Chronicle  

Hyderabad: The Telangana High Court made it clear that children cannot challenge the gift settlement deed executed by their mother by arguing that the subject property was joint family property and that the mother was the ostenisble owner and not the real owner. Priyadarsini, which passed the order, was dealing with an appeal suit filed by a son challenging the …

Wife's Suit For Declaration Of Right In Ex-Husband's Property Maintainable Before Family Court: Karnataka High Court
7 months, 2 weeks 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 …

Dowry death convicts also disqualified to inherit property of the victim: HC
8 months, 2 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 …

[Indian Succession Act] Question Of Title Over Property Can't Be Decided During Probate Proceedings, Requires Filing Of Separate Suit: Patna High Court
9 months, 1 week 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 …

Mere Allotment Of Property Without Registration Does Not Confirm Allottee's Title: Karnataka High Court
10 months ago

Mere Allotment Of Property Without Registration Does Not Confirm Allottee's Title: Karnataka High Court

Live Law  

The Karnataka High Court has held that the wife of an original allottee becomes the absolute owner of the property if, before registration of property, the allottee died and thereafter on making the necessary payment the property is transferred in the woman's name. The court said “Even though the property has been allotted in favour of K.Thippanna, he died before …

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

Property bought in name of homemaker wife is family property: Allahabad HC
1 year ago

Property bought in name of homemaker wife is family property: Allahabad HC

Hindustan Times  

The Allahabad High Court has ruled that property bought by a husband in the name of his homemaker wife without having any independent source of income "will be the property of the family". Allahabad High Court While hearing a case involving a son's claim for declaration of co-ownership of his deceased father's property, Justice Arun Kumar Singh Deshwal said that …

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 …

Bombay High Court Family Law Digest 2023
1 year, 2 months ago

Bombay High Court Family Law Digest 2023

Live Law  

Wife's Refusal For DNA Test No Ground for Adverse Inference For Maintenance – Bombay High Court Case Title: Namdeo s/o. Bombay High Court Upholds Grant Of Maintenance To Woman Who Had Accepted Alimony Under 'Customary Divorce' Case Title: Gajanan v. Surekha Citation: 2023 LiveLaw 61 Observing that a person's approaching the civil court for divorce itself shows that customary divorce …

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 Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court
1 year, 5 months ago

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court

Live Law  

The Karnataka High Court has dissolved the marriage between a couple, as the wife did not join the company of the husband even after the trial court passed an order for restitution of conjugal on an application filed by the husband. On going through the records the bench noted that the appellant/husband issued legal notice back in 2016 calling upon …

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 …

[Hindu Marriage Act] Children Born Out Of Void Marriage Can't Claim Share In Joint Family Property: Telangana High Court
1 year, 5 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 | Possession Of Property Necessary For Woman To Claim Rights Under Section 14 : Supreme Court
1 year, 6 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 …

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 …

HAMA | Daughter Cannot Continue Mother's Maintenance Claim After Her Death: Bombay High Court
1 year, 7 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 …

Adopted Child Doesn't Retain Right To Claim Share In Birth Family’s Property, Telangana High Court Full Bench Rules In 46-Year-Old Dispute
1 year, 8 months ago

Adopted Child Doesn't Retain Right To Claim Share In Birth Family’s Property, Telangana High Court Full Bench Rules In 46-Year-Old Dispute

Live Law  

A Full Bench of the Telangana High has ruled that a child upon adoption ceases to be a coparcener of his or her birth family and consequently gives up any right or interest in the family ancestral property. "Only if a partition has taken place before the adoption and property is allotted to his share or self acquired, obtained by …

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. …

Mother Entitled To Arrears Of Maintenance Accrued To Deceased Daughter: Madras High Court
1 year, 10 months ago

Mother Entitled To Arrears Of Maintenance Accrued To Deceased Daughter: Madras High Court

Live Law  

The Madras High Court recently held that a mother is entitled to claim the arrears of maintenance that accrued to her deceased daughter before her death. The court noted that arrears of maintenance was the property of the deceased daughter and after her death, her mother, being a legal guardian, is entitled to this property. Justice V Sivagnanam thus dismissed …

S.125 CrPC | Step Mother May Seek Maintenance From Step Children By Showing Evidence That Deceased Husband Had Properties: Karnataka High Court
2 years ago

S.125 CrPC | Step Mother May Seek Maintenance From Step Children By Showing Evidence That Deceased Husband Had Properties: Karnataka High Court

Live Law  

The Karnataka High Court has said that a stepmother, to claim maintenance amount from legal heirs of her deceased husband, has to prove before the family court by tendering evidence and submission of documents that her husband was having a lot of properties and they are having income and thus she is entitled for maintenance amount. The court said “The …

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