Hindu Succession Act 1956

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 […]
20th Nov, 2015

Hindu Succession (Amendment) Act, 2005 prospective in effect #indianlaws

An amendment of a substantive provision is always prospective unless either expressly or by necessary intendment it is retrospective. Even a social legislation cannot be given retrospective effect unless so provided for or so intended […]
1st Aug, 2015

Under Section 52 of the Transfer of Property Act, 1882, the ‘lis’ continues so long as a final decree or order has not been obtained from the Court #indianlaws

Under Section 52 of the Transfer of Property Act, 1882, the ‘lis’ continues so long as a final decree or order has not been obtained from the Court. Even after the dismissal of a suit […]
19th Jan, 2015

Factors to be examined in determining suit for partition/possession

The Court is required to go through the merits of the claim of the respective parties in proper perspective and then to record a finding regarding extent of shares received by each coparcener/co-owner keeping in […]
11th Oct, 2014

Daughters can avail benefits of amended Hindu Succession Act in a partition suit even when only preliminary decree is passed

 A suit for partition is not disposed of by passing of a preliminary decree until a final decree is passed partitioning the immovable property of the joint Hindu family by metes and bounds; that even […]
11th Oct, 2014

Reveune Records are not documents of title #indianlaws

 Revenue records do not evidence passing of title, or create title.
10th Oct, 2014

Whether right of women in Coparcenry property is retrospective? #indianlaws

.A bare perusal of sub-section (1) of Section 6 would clearly show that the legislative intent in enacting clause (a) is prospective i.e. daughter born on or after 9 September 2005 will become a coparcener […]