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

Dec
14
2016


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 ad valorem court fee when the plaintiff was not in possession of suit property? The court held that there exists in law a doctrine of election. It means that if two or more rights are available to a party on the same subject, it would be open to a party to elect which one right it would like to avail of.




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

Jun
21
2016


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 fact whether it was necessary or for an evident advantage to him/her and that such a transfer even made with Court's permission shall be voidable at the instance of the minor if he/she can show it does not fall in the category of acts which were necessary or reasonable or proper for the benefit of the minor or for realization, protection or benefit of the minor's estate.




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

Mar
9
2016


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 interest of the deceased in the coparcenary property would devolve by testamentary or intestate succession, and not by survivorship. On the application of Section 8 of the Act, either by reason of the death of a male Hindu leaving self-acquired property or by the application of Section 6 proviso, such property would devolve only by intestacy and not survivorship. The ancestral property of the appellant’s grandfather ceased to be joint family property (by virtue of Section 8) on the date of death of Appellant’s grandfather and the other coparceners and his widow held the property as tenants in common and not as joint tenants. Thus, on the date of the birth of the Appellant in 1977, the said ancestral property, not being joint family property, the suit for partition of such property would not be maintainable. 




A female can be a Karta, if eldest amongst coparceners #indianlaws

Feb
10
2016


The Delhi High Court has held that the impediment which prevented a female member of a HUF from becoming its Karta was that she does not possess the necessary qualification of coparcenership. Now that this disqualification was removed by the 2005 Amendment, there is no reason why Hindu women should be denied the position of a Karta. If a male member of an HUF, by virtue of his being the first born eldest, can be a Karta, so can a female member.  The objective of Section 6 of the Hindu Succession Act is to recognise the rights of female Hindus as coparceners and to enhance their right to equality apropos succession. 




Factors to be examined in determining suit for partition/possession

Jan
19
2015


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 view the nature of properties such as whether it was self acquired property or ancestral property




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

Oct
11
2014


 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 after passing of the preliminary decree, the suit continues until the final decree is passed




Reveune Records are not documents of title #indianlaws

Oct
11
2014


 Revenue records do not evidence passing of title, or create title.




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

Oct
10
2014


.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 by birth, but the legislative intent in enacting clauses (b) & (c) is retroactive, because rights in the coparcenary property are conferred by clause (b) on the daughter who was already born before the amendment, and who is alive on the date of Amendment coming into force.




Hindu Law of Succession #indianlaws

Jun
27
2014


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








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