Hindu Succession Act 1956

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 […]
27th Jun, 2014

Hindu Law of Succession #indianlaws

This article discusses the journey of a Hindu succession laws from the Mitakshara era to the present era where the women have been empowered