Search Results for Tag : succession

Statute

Bombay High Court has observed that there is no compulsion for any legal heir of a deceased predecessor to either apply for a succession certificate o.....

Tags : Bombay High Court, Succession Certificate

Kar. HC: Child Born in 'Batil' Marriage is Illegitimate(04.08.2023)

Karnataka High Court while observing that child born in a 'Batil' marriage under Mohammadan Law, is illegitimate, has held that he does not have any r.....

Tags : Karnataka High Court, Batil Marriage, Succession, Mohammadan Law

Bombay High Court: Stepson Can’t Inherit Property Under Hindu Succession Act(08.02.2018)

Bombay High Court, while dismissing a plea by a stepson claiming a stake in his father’s property, has said that the definition of ‘son’ in the Hindu .....

Tags : Bombay High Court, Hindu Succession Act

SC: To Claim Right U/S 14 Hindu Succession Act, Woman Must Have Possession of Property(29.08.2023)

Supreme Court has held that the essential ingredient of Section 14(1) of Hindu Succession Act, 1956 is possession over the property and therefore in o.....

Tags : Supreme Court, Hindu Succession Act, Woman, Possession

FAMILY - Married Daughter has Right of Succession in Lease Premises Under Goa Succession Law: SC(14.03.2019)

Supreme Court has observed that a married daughter would have a right of succession in the "lease premises", as per the provisions of Goa Succession, .....

Tags : Supreme Court, Right of Succession in Lease Premises, Married Daughter,Goa Succession, Special Notaries and Inventory Proceeding Act, 2012.

FAMILY - Preferential Right U/S- 22 of Hindu Succession Act Applicable to Agricultural Land: SC(15.03.2019)

Supreme has held that the preferential right given to an heir of a Hindu under Section 22 of the Hindu Succession Act, 1956 is applicable even if the .....

Tags : Bombay High Court, Hindu Succession Act, Section-22, Agricultural Land

All. HC: S.388 Allows Appeal Against Order of Inferior Court to District Judge(01.12.2023)

Allahabad High Court has held that proviso to Section 388(2) of the Succession Act creates an exception by providing that an appeal from any order of .....

Tags : Allahabad High Court, Appeal, District Judge, Succession Act

Judgments

No retrospective relief for Hindu women in succession(16.10.2015)

In a case where a daughter contested having only a share in the self-acquired property of her father, but not in the entire property, the Supreme Cour.....

Tags : Hindu succession, retrospective, application

Kar. HC: Repeal of Section 23 of Hindu Succession Act has Retroactive Effect(20.11.2023)

Karnataka High Court has held that Section 23 of Hindu Succession Act while was repealed by the Amendment Act of 2005, is prospective in operation wit.....

Tags : Karnataka High Court, Hindu Succession Act, Retroactive Effect

Supreme Court Seeks Union Response on Gender Neutral Uniform Law for Succession Rights(11.03.2021)

Supreme Court has sought the Union government’s stand on the need for a gender and religion neutral uniform law conferring succession and inheritance .....

Tags : Supreme Court, Gender Neutral Uniform Law for Succession Rights

Bombay HC: Property Inherited by Hindu Female from Her Parents, Will Devolve Upon Her Parent's Heirs(25.01.2018)

Bombay High Court has held that u/s 15 of the Hindu Succession Act, any property inherited by a female Hindu from her father or mother, will devolve u.....

Tags : Bombay High Court, Succession

SC: ST Women Not Entitled to Any 'Right of Survivorship' Under Hindu Succession Act(12.12.2022)

Supreme Court while observing that a female member of the scheduled tribe (ST) is not entitled to any right of survivorship under the provisions of Hi.....

Tags : Supreme Court, Scheduled Tribe Women, Hindu Succession Act

Bombay HC Rejects Plea by Grandson of Deceased Account Holder Seeking Fund Release(01.06.2017)

Bombay High Court has rejected a petition filed by one Amol Patil who sought withdrawal of money from his deceased grandmother’s account without deman.....

Tags : Bombay High Court, succession certificate

Kerala HC Turns Down Plea Challenging Vires of S. 33(b) Of Indian Succession Act(12.06.2018)

Kerala High Court has turned down a widow’s plea challenging the constitutionality of Section 33(b) of the Indian Succession Act which provides 50 per.....

Tags : Kerala High Court, Succession

Delhi High Court: Succession Can Only Be Granted To Legal Heirs Of A Person Who Dies Intestate(11.05.2017)

Delhi High Court has held that in cases where someone dies without a will, succession can only be granted to the legal heirs of that person, not the n.....

Tags : Delhi High Court, Succession

SC: Full Ownership of Property Under S.14 (1) Can be Claimed by Hindu Woman Only if She Possesses it(20.05.2024)

Supreme Court has held that for establishing full ownership on the undivided joint family estate under Section 14(1) of the Hindu Succession Act, 1956.....

Tags : Supreme Court, Hindu Succession Act, Joint Family

Gujarat HC: Child Born from Widow's First Marriage Can Inherit Property from Her Second Husband(27.06.2022)

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 o.....

Tags : Gujarat High Court, Hindu succession Act, Widow

Kar. HC: Hereditary Archakship Conferred Only on Paternal Line and Not Maternal Line(07.06.2023)

Karnataka High Court has held that in order to claim the post of hereditary archak, the line of succession should be on the paternal side and not on t.....

Tags : Karnataka High Court, Hereditary Archakship, Succession, Paternal Line

P&H HC: Widow Can’t Claim Inheritance through Succession if Husband Not Owner of Property(02.06.2022)

Punjab and Haryana High Court while deciding the inheritance dispute, has held that as husband was not the owner of the suit land on the date of his d.....

Tags : Punjab and Haryana High Court, Inheritance, Succession

Bom. HC: Daughter Will Not Have Right to Inherit Father’s Property, if He Died Prior to 1956 Act(14.11.2024)

Bombay High Court has held that if the father has died before the enforcement of the Hindu Succession Act, 1956 then the daughter will not have any ri.....

Tags : Bombay High Court, Hindu Succession Act, Right of Inheritance

SC: If Party Affected by Will Raises Dispute, Succession Can’t Go Forward Without its Determination(25.09.2024)

Supreme Court has stated that if there is a Will, it has to be honoured. If one of the parties, who will be affected by the Will coming into effect, c.....

Tags : Supreme Court, Will, Succession

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