Hindu Succession Act 1956

16th Feb, 2022

“A daughter can inherit the self-acquired property of her father even prior to the commencement of Hindu Succession Act, 1956 and such inherited property goes back to the source if the daughter dies issueless”

Factual Matrix:   The Hon’ble Supreme Court vide its judgment dated 20.01.2022 in the matter of “Arunachala Gounder (Dead) by LR’s vs. Ponnusami & Ors.” had the occasion to deal with whether a sole daughter […]
18th Sep, 2021

Women not re-married on the day of husband’s death is entitled to share in husband’s property

The Nagpur Bench of the Bombay High Court in Jaiwanti Bai v. Sunanda in Second Appeal No. 144 of 2007was called upon to interpret Section 24 of the Hindu Succession Act, 1956 which bars the […]
3rd Oct, 2019

Father’s self acquired property given to son by way of Will/gift will retain the character of self acquired property and will not become ancestral property, unless a contrary intention is expressed in the testament.

The Supreme Court had observed that as per Mitakshara law of Succession, father’s self acquired property given to son by way of Will/gifts will retain the character of self acquired will retain the character of […]
19th Mar, 2019

Preferential right of heirs under section 22 of Hindu Succession Act applicable also to agricultural lands

The Supreme Court has held that the preferential right given to an heir of a Hindu under Section 22 of the Hindu Succession Act is applicable even if the property in question is an agricultural […]
21st Aug, 2018

Oral averments in deposition of partition having taken place is not discharge of onus of proof by the person alleging partition

The Delhi High Court in Veeru Parshad Gupta vs Jogeshwari Devi RFA 586/2018 on 25.07.2018 laid that oral averments in deposition of partition having taken place is not discharge of onus of proof by the […]
13th Jun, 2018

Ratio of Commissioner of Wealth Tax, Kanpur and Ors. Vs. Chander Sen and Ors reiterated

The Delhi High Court reiterated the law laid down in the landmark judgment of Commissioner of Wealth Tax, Kanpur and Ors. vs. Chander Sen and Ors. – if a person dies after passing of the […]
22nd Jan, 2018

How is an HUF created after the commencement of Hindu Succession Act 1956?

Delhi High Court recently clarified the position of law in regard to creation/existence of HUF. It was held that an HUF can come into existence prior to passing of the Hindu Succession Act in the […]
14th Jan, 2018

How is an HUF created after the commencement of Hindu Succession Act 1956?

Delhi High Court recently clarified the position of law in regard to creation/existence of HUF. It was held that an HUF can come into existence prior to passing of the Hindu Succession Act in the […]
14th Dec, 2016

Is suit for Partition maintainable in presence of a Will? #indianlaws

Delhi High Court in this case had to decide questions relating to whether legal heirs can maintain a suit for partition when the parent has left a will, and second one related to payment of […]
21st Jun, 2016

Transfer of the minor’s immovable property without the permission of the Court is not binding on the minor# indianlaws

Any transfer of the nature mentioned in sub- Section 2 of Section 8 Hindu Succession Act, of the minor’s immovable property without the permission of the Court is not binding on the minor irrespective of the […]
9th Mar, 2016

Grandson has no birth right in grandfather’s properties to claim partition during lifetime of his father #indianlaws

When a male Hindu dies leaving behind a female relative specified in Class I of the Schedule or a male relative specified in that Class who claims through such female relative surviving him, then the […]
20th Nov, 2015

Right to maintenance of Hindu widow not a mere formality #indianlaws

Supreme Court has held that, in whatever form a limited interest is created in favour of a Hindu widow, having a pre-existing right of maintenance, the said rights become an absolute right by the operation […]