Author: TYC

ISSUE:

After the passing away of the grandfather , did the joint family property retain its joint family status?

Whether the appellant is a coparcener with a title to the challenged property by birth?

Whether the Class 1 heir's father, the appellant, had the right to bring a partition action while he was still alive?

RULE:

Through terms of Section 6, if a Hindu man who owns an interest in a Mitakshara coparcenary property passes away after the implementation oh Hindu Succession Act, 1956, his stake in the property is passed on to the coparcenary's surviving members by survivorship.

A male Hindu's stake in Mitakshara coparcenary property is clearly confined to that which he can dispose of through the execution of a will or any other type of testamentary disposition, as is made clear by the exclusion in the Act's explanation of Section 30.

ISSUE:

Whether the benefits of Hindu Succession (Amendment) Act, 2005 are available to the appellants?

RULE:

Hindu women and girls will be accorded the same property rights as other male relatives for any intestate succession divisions made from September 2005. The daughters have access to the same inheritance rights as other male siblings as per the Hindu Succession (Amendment) Act of 2005, which was not previously possible for them.

ISSUE:

In terms of Sections 6 and 8 of the Succession Act, what portion would a Hindu widow receive?

RULE:

According to Section 6 of the Hindu Succession Act, 1956, the husband's interest in the coparcenary property would pass through survivorship to the surviving coparcenary members rather than in accordance with the Act's provisions.

The proviso to section 6 takes effect if the husband passes away leaving a widow and a daughter, and the standard rule is reversed. The proviso provided that the husband's interest in the coparcenary property would pass under the Act through intestate succession rather than survivorship.

ISSUE:

Considering the circumstances of the case and the existing state of affairs, was the council's determination that the sums of Rs. 185043 and Rs. 482742 did not constitute the resources of the assessee-Hindu united Family correct?

In light of the aforementioned circumstances, is the financing cost of Rs. 23.330 an allowable deduction in the assessment of business earnings for the joint family of the assessee?

RULE:

If a person passes away following the passage of the Hindu Succession Act, 1956, and there is no Hindu Undivided Family in place at the time of the death of such a person, the successors-in-interest of such a person will undoubtedly inherit a ancestral property, but the inheritance will be in the form of a self-acquired property rather than a Hindu Undivided Family property, even though the successor(s) will undoubtedly inherit a ancestral property.

ISSUE:

Whether the husband has any rights over the ‘Streedhan’?

Whether a legal partnership is created between husband and wife due to the joint holding of the ‘Streedhan’ property?

Whether the refusal to return the ‘Streedhan’ property by a husband on demand from his wife would amount to Criminal Breach of Trust under Section 405?

RULE:

Section 14 of the Hindu succession act talks about property possessed by a Hindu female to be her absolute property, whether acquired before or after the commencement of the Hindu Succession Act, 1956.

Section 27 of the Hindu Marriage act states that the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife.

ISSUE:

Whether a Hindu woman is entitled to become an absolute owner of the property which she had alienated upon its reconveyance to her by the transferee after the enforcement of the Hindu Succession Act, 1956.

Whether the word "possessed" in Section 14 talk about the actual possession or the mere acquisition of a right or interest in the property?

RULE:

Section 14 (1) of The Hindu Succession Act 1956 states that any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. The explanation given with the sub-section says that In this sub-section, “property” includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by a gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever and also any such property held by her as stridhana immediately before the commencement of this Act.

ISSUE:

Whether Tulasamma has the right to alienate the property after the passing of the Hindu Sucession Act , 1956 , even after the terms of the compromise state otherwise?

Whether the instrument of compromise under which the properties were given to the appellant Tulasamma before the 1956 Act in lieu of maintenance falls within Section 14(1) or is covered by Section 14(2) of the 1956 Act: and

Whether a Hindu widow has a right to property in lieu of her maintenance, and if such a right is conferred on her subsequently by way of maintenance it would amount to mere recognition of a pre-existing right or a conferment of a new title so as to fall squarely within Section 14(2) of the 1956 Act.

RULE:

Section 14 (1) of The Hindu Succession Act 1956 states that any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. The explanation given with the sub-section says that In this sub-section, “property” includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.

Section 14 (2) of The Hindu Succession Act, 1956 states that nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property

ISSUE:

Did Kipro have a limited right over the property that she got in lieu of the property her deceased husband owned in Pakistan?

Whether the property should devolve to Santi's pre-deceased husband's brother after her death?

RULE:

Section 15 (2) (a) talks about any property inherited by a female Hindu from her father or mother. It says that the same shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter), to the heirs of the father.

Section 14 talks about property possessed by a Hindu female to be her absolute property, whether acquired before or after the commencement of the Hindu Succession Act, 1956. She will hold the property as an absolute, full owner and not as a limited owner.

ISSUE:

Whether the property is given to a female Hindu, towards her maintenance, with right of enjoyment restricted till her lifetime forms a part of her absolute estate under section 14?

Whether the settlement deed conferred an absolute right or a limited right in the property?

Whether the sale deed executed by the first wife is valid?

RULE:

Section 14 has two objects (1) to remove the disability of a female to acquire and hold property as an absolute owner and (2) to convert the right of a woman in any estate held by her as a limited owner into an absolute owner.

ISSUE:

Who inherits the property of a Hindu female dying intestate?

RULE:

Section 15 of the Hindu Succession Act, 1956 provides for the general rules of succession in the case of female Hindus. It lays down the mode and manner in which the devolution of interest of a female shall take place. Section 15 (2)(a) would be applicable.