Widow Can't Claim Inheritance Of Property Through Natural Succession If Husband Was Not Owner Of Suit Land On Date Of His Death: P&H High Court
2 years, 6 months ago

Widow Can't Claim Inheritance Of Property Through Natural Succession If Husband Was Not Owner Of Suit Land On Date Of His Death: P&H High Court

Live Law  

Punjab and Haryana High Court while dealing with an appeal filed by the widow claiming right over the suit property on the basis of natural succession, held that appellant's husband was not the owner of the suit land on the date of his death, therefore, the question of inheritance of the estate does not arise. The plaintiff claimed the suit property based on natural succession, claiming that her late husband owned and possessed the same. The Court considered the written statement by the defendants which claimed that the husband of the appellant in the Civil Court acknowledged the 4 sons to be the owners in possession of the property resulting in a judgment and decree passed by the Civil Court in their favor. Accordingly, it concluded that the late husband of the appellant was not the owner of the suit land on the date of his death which in turn negates the possibility of inheritance of the estate by his widow.

Court Suit His Death Suit Land Natural Succession  sons  court  owner  widow  land  husband  late  ph  succession  suit  inheritance  property  held  natural

History of this topic

[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, 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 …

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, 5 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, 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 …

Daughter In Law Can Claim Maintenance From Her Father In Law If She Inherited Some Estate From Her Husband: Delhi High Court
2 years, 7 months ago

Daughter In Law Can Claim Maintenance From Her Father In Law If She Inherited Some Estate From Her Husband: Delhi High Court

Live Law  

The Delhi High Court has observed that the daughter-in-law can claim maintenance from her father-in-law provided she has inherited some estate of her husband. 19 of the Family Court Act, 1984 against the order dated 3rd May, 2019 deferring their claim for interim maintenance in a petition under sec. The Family Court in the impugned order, observed that the appellant …

Child Adopted By A Widow Not Entitled To Inherit Her Deceased Husband's Property: Bombay High Court
2 years, 8 months ago

Child Adopted By A Widow Not Entitled To Inherit Her Deceased Husband's Property: Bombay High Court

Live Law  

The Bombay High court on Thursday answered the question of whether the principle of relation back is applicable in case of a son adopted post the demise of the husband of the adopting lady in the negative. A single judge Justice Shrikant D. Kulkarni observed, "an adopted son may have rights in future in the property which the family may …

Children Can't Seek Claim In Property Not Inherited By Deceased Father During His Lifetime: Gauhati High Court
2 years, 9 months ago

Children Can't Seek Claim In Property Not Inherited By Deceased Father During His Lifetime: Gauhati High Court

Live Law  

The Gauhati High Court has held that there is no claim on property of a deceased person by his children if the said property was not inherited by the deceased person during his lifetime. 1 & 2 approached the Civil Judge with a Title Suit, claiming declaration to the said property and other properties left behind by late Shri. The …

Hindu Succession Act | Daughters Entitled To An Equal Share In Property Inherited By Their Parents: Chhattisgarh High Court Reiterates
2 years, 9 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 …

Widow Loses Right In Property Inherited From Previous Husband On Valid Remarriage : Chhattisgarh High Court
3 years, 5 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 …

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, …

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, 3 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 …

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