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Showing posts with label Hindu law. Show all posts
Showing posts with label Hindu law. Show all posts
Sunday, 24 May 2026

Supreme Court: Under which circumstances a subsequent change of law will not render an earlier decision on a pure question of law ineffective as res judicata

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The second limb of the High Court's reasoning, that Vineeta Sharma constitutes a 'change in law' which overrides res judicata is...
Saturday, 4 October 2025

From Possession to Precedent: Unraveling Section 14 of the Hindu Succession Act

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  The landscape of Hindu women’s inheritance rights has witnessed seismic judicial shifts in the past two years. Section 14 of the Hindu Suc...
Wednesday, 25 June 2025

What is the difference between section 14(1) and 14(2) of Hindu Succession Act, 1956?

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 Section 14 of the Hindu Succession Act, 1956, is a pivotal provision that transformed women's property rights under Hindu law. The two ...
Thursday, 8 February 2024

Important provisions of Civil minor Acts(Part 2)

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  1) Important provisions of Registration Act 1908. https://www.lawweb.in/2022/09/important-provisions-of-registration.html 2) Important pro...
Thursday, 14 December 2023

What are Kinds of guardians under Hindu Law?

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  Under Hindu law, there are several kinds of guardians who are recognized to protect the interests of individuals who may not be capable of...
Thursday, 7 December 2023

Notes on applicability of custom in Indian law

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  Definition of Custom:   As per S 3 of Hindu Marriage Act,  the expressions “custom” and “usage” signify any rule which, having been contin...
Thursday, 14 September 2023

Supreme Court expounds the law relating to right of illegitimate child in father's ancestral property

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K. Conclusion 54. We now formulate our conclusions in the following terms: (i) In terms of Sub-section (1) of Section 16, a child of a marri...
Sunday, 27 November 2022

Privy Council: The principle of joint tenancy is unknown to Hindu law except in the case of the joint property of an undivided Hindu family

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 With reference to this decision Lord Watson observed: There are two substantial reasons why it ought not to be followed as an authority. In...
Friday, 25 November 2022

Supreme Court: Daughter's Right To Inherit Self-Acquired Property Of Father Dying Intestate Recognized Under Customary Hindu Law

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  Our Analysis 66.  Right of a widow or daughter to inherit the self-acquired property or share received in partition of a coparcenary prope...
Tuesday, 24 May 2022

Supreme Court: Joint Family In DV Act Mean Members Live Together As Family & Not As Understood In Hindu Law

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   In our view, the D.V. Act is a piece of Civil Code which is applicable to every woman in India irrespective of her religious affiliation ...
Friday, 1 April 2022

Whether step mother can execute agreement of sale regarding immovable property as karta if she has inherited it alongwith her step daughters from her husband?

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There is no dispute about the fact that the suit properties  were the separate properties of Dajiba. After his demise somewhere in the year ...
Sunday, 11 April 2021

Whether children born out of void marriage are class 1 Legal heirs as S 8 of the Hindu Succession Act?

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This Court in the matter of Laxmibai and others vrs. Limbabai, reported in 1983 Mh.L.J.103, has recorded a finding that the children born ou...
Friday, 2 April 2021

Whether the daughter can get a partition of ancestral property by disowning relinquishment deed?

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 The plaintiffs, while admitting the execution of sale deed Ex.A-2, refute the release deed. The recital in the release deed refers the exec...
Saturday, 13 March 2021

Whether the court can take into consideration change in the law as well as changes due to subsequent events in the final decree proceeding or appeal in partition suit?

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    Once the constitution of coparcenary changes by birth or death, shares have to be worked out at the time of actual partition. The shares...
Sunday, 7 March 2021

Whether the court can presume that wife had consented to adopt the child if she was present in the adoption ceremony?

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   Learned single judge upon noticing that the provisions of the proviso to section 7 of the 1956 Act are, in part, pari materia to clause (...
Tuesday, 15 September 2020

Supreme Court: Major unmarried daughter not suffering from any physical or mental abnormality can not claim maintenance from her father U/S 125 of CRPC

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1) By virtue of Section 125(1)(c), an unmarried daughter even though she has attained majority is entitled for maintenance, where su...
Thursday, 7 May 2020

Important Notes on Hindu Law

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1) Notes on Hindu succession Act 1956 as amended in the year 2005 https://www.lawweb.in/2019/05/notes-on-hindu-succession-act-1956.html...
Friday, 7 February 2020

Whether children born to adoptee father prior to his adoption can inherit his property in Adoptive family?

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  Since the succession has opened after the death of Laxman on 10th January, 1987, therefore, succession has to be in accordance with ...
Saturday, 26 October 2019

Whether co-sharer can sell specific portion of property?

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11.  Thus, it is clear that when the property in dispute is joint in nature, then although the co-sharer can sell the property to the exte...
Thursday, 18 July 2019

Whether S 6 of Hindu Succession amendment Act 2005 is prospective in nature?

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The text of the amendment itself clearly provides that the right conferred on a 'daughter of a coparcener' is 'on and from the...