Hindu Succession Act 1956
Ancestral Property: Key Supreme Court Rulings You Should Know
“Ancestral property is a rightful heritage, not a personal asset.”
Section 2(2) of Hindu Succession Act must be amended to give Scheduled Tribe daughters succession rights: Rajasthan High Court
“A comprehensive reading of Articles 14, 15, 16 and 21 of the Constitution of India clearly indicates that no laws can be created or enforced so as to cause discrimination against women.”
‘Section 15(1) of Hindu Succession Act an anomaly in legislation that requires rectification’; Delhi HC denies widowed daughter-in-law a share in mother-in-law’s property
The Delhi High Court said that this case is demonstrative of how S. 15(1) of the Hindu Succession Act, 1956 works against a woman.
Woman can be ‘Karta’ of Hindu Undivided Family; societal perceptions cannot be reason to deny rights expressly conferred by legislature: Delhi High Court
“Experience has shown that any culture or practice that is ingrained in the society is bound to face some apprehension and resistance by the society when systemic changes are made to it. But with passage of time, it becomes a tool of social change.”
Legitimacy alone not enough for Coparcenary Rights: Decoding Supreme Court verdict on Rights of Children from Null and Void Marriages
The Supreme Court has held that children born from Null and Void marriages would be entitled to rights in or to the absolute property of the parents and no other person.
Partition of Property may also be effected under a settlement or an oral understanding: Supreme Court
“There is no prohibition to effect a partition otherwise than through an instrument in writing by duly complying with the requirement of law.”
Unfair to deny tribal women right to equal share in father’s property when same right is available to non-tribal women; SC suggests Centre to amend Hindu Succession Act
The observation came in a case where the Supreme Court had to deny, a woman belonging to Scheduled Tribe, the right of survivorship in her father’s property as Section 2(2) of the Hindu Succession Act specifically excludes the female members of the Scheduled Tribe.
Delhi Land Reforms Act 1954 a special law; Succession provided in Hindu Succession Act 1956 will not prevail over it: Supreme Court
Supreme Court: In a case where challenge was made to declare Section 50(a) of the Delhi Land Reforms Act, 1954 unconstitutional being
The Elevator Pitch and the Art of Advocacy
by Ajay J. Nandalike†