Who Owns Your Digital Assets After a Person Dies? Gandhinagar Court Says Legal Heirs Do; Directs Apple to Hand Over the Data
“The right to privacy, being an inherently personal right, does not survive the death of the individual.”
Hindu Succession Act
Supreme Court’s Landmark Benami Act Ruling Explained: Why the 2016 Amendment Is Retrospective, What ‘Fiduciary Capacity’ Means, and When Confiscation Follows
The Court directed the confiscation of the property where a claim, which was presented to be based on a will, but was in substance an attempt to obtain judicial recognition of a benami transaction.
Know Thy Judge | Supreme Court of India: Justice Sandeep Mehta’s stellar career and notable judgments
Justice Sandeep Mehta, formerly the Chief Justice of Gauhati High Court, took oath of office as Judge of Supreme Court of India on 9-11-2023 and will be retiring on 10-01-2028.
Sale deed not binding: Madras HC holds daughter entitled to half share in ancestral property under Hindu Succession Act
“Merely because Patta and Kist Receipts stand in the name of defendant, and because the plaintiff did not raise any objection for the same, the presumption of joint possession of a co-owner cannot be dislodged”
Mitakshara Law| Daughter can claim right in father’s property only if he died before 1956 and has no sons: Chhattisgarh HC
“Mitakshara Law of Inheritance is applicable to a person who died before 1956, thus, the wife or daughter of a Hindu male would inherit his property only if he dies without a male child.”
Supreme Court dismisses Rajasthan’s claim over Khetri Estate; Affirms validity of Raja Sardar Singh Will and Probate in favour of Khetri Trust
Supreme Court held that a State has no locus standi to challenge a Will of a private citizen by claiming to be a person interested in the estate of the deceased due to the action taken under Escheats Act.
Know Thy Judge | Supreme Court of India: Justice Sandeep Mehta
Justice Sandeep Mehta, formerly the Chief Justice of Gauhati High Court, took oath of office as Judge of Supreme Court of India on 9-11-2023 and will be retiring on 10-01-2028.
Can adopted child’s biological family claim share in his property as legal heirs? Madras HC answers
Madras High Court said that the adoptive child is construed to be a member of the adopted family, all the ties of the child are replaced in the adoptive family created by adoption
‘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.
Delhi High Court rules on Hindu woman’s right over life estate of deceased husband as per his will
“In the case of Hindu women, who may not have their own income, receiving a life estate given to them by their husbands who may predecease them is an essential safeguard for their financial security during their lifetime.”
2023 SCC Vol. 10 Part 4
Central Vigilance Commission Act, 2003 — S. 25 r/w FR 56 — Tenure of Director of Enforcement: Permissibility of continuation of tenure
2023 SCC Vol. 9 Part 5
Border Security Force Rules, 1969 — Rr. 142, 143, 43, 45, 48, 49, Appendices IV and VI: Strict adherence to procedural safeguards
Can arrears of maintenance, being property of the wife, devolve on the husband after wife’s death? Madras High Court answers
Madras High Court said that after divorce when the spouses have ceased to be husband and wife, proprietary right of both the spouses also get affected.
Ancestral Property: Latest Supreme Court Judgments
We often get to hear the term ‘ancestral property’, but the exact meaning of the term remains unknown to most of us.
Supreme Court December 2022| Presumption of public servant’s guilt in bribery cases; Rejection of Bilkis Bano’s review plea; Tribal Women’s share in father’s property; and more
“When the daughter belonging to the non-tribal is entitled to the equal share in the property of the father, there is no
2022 SCC Vol. 9 Part 5
Arbitration and Conciliation Act, 1996 — Ss. 7, 8 and 11 — Essential requirements of arbitration agreement: When there is discernible intention
The Elevator Pitch and the Art of Advocacy
by Ajay J. Nandalike†
Hindu widow’s pre-existing right to maintenance automatically ripens into full ownership when she is in settled legal possession of the property: SC
Supreme Court: The bench of Ajay Rastogi and Bela M. Trivedi*, JJ has held that by virtue of Section 14(1) of the
Are Coparcenary rights taken away by Hindu Succession Act? Madras HC throws light
Madras High Court: N. Anand Venkatesh, J., addressed a matter with regard to coparcenary rights of sons and daughters. Plaintiff had sought