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Showing posts with label S 6 of hindu succession Act. Show all posts
Showing posts with label S 6 of hindu succession Act. Show all posts
Sunday, 7 June 2026

Supreme Court: After Intestate Succession under Hindu Succession Act, One Co-Heir Cannot Alienate Shares Of Others Acting As Karta

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Accordingly, in the context of Section 8, the question of karta-ship ordinarily does not arise merely because the property has come from a p...
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...

Supreme Court: Hindu Succession Act ,2005 Amendment Does Not Limit Daughters' Pre-Existing Inheritance Rights U/S 8 of Hindu Succession Act

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  (ii) Section 6(5) of the H.S. Act is a saving clause of narrow and strict application. It does not create a jurisdictional bar to the inst...

Supreme Court: A partition carried out among the sons alone cannot defeat the daughters' succession rights in the father's share of the property

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The operative reasoning of the High Court reads as follows: In my opinion, even assuming that there is a partition in 2000 prior to 2004, ev...
Saturday, 25 April 2026

Questions and answers on law {Part 93}

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  Q :- What are Coparcenary rights of daughter? Whether after death of daughter, her children can claim rights in coparcenary property? Ans...
Sunday, 19 November 2023

Under which circumstance Compromise between some of the parties in partition suit will become invalid and no valid decree can be passed based on said compromise?

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   The present case depicts as to how on February 27, 1991 the court recorded the alleged agreement and compromise in a casual manner. It ne...

Whether the daughter is entitled to get share in the ancestral property of her father If Law Gets Amended Before Passing Final Decree In Partition Suit?

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 Before we proceed to discuss the dictum, as laid by this Court in Vineeta Sharma (supra) we must look into the decision of this Court in th...
Monday, 23 May 2022

Can the daughter claim partition of joint family property without bringing property given to her towards dowry in hotchpotch?

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  Such being the case, I am of the considered opinion that a beneficiary of Section 6 of the Hindu Succession Act cannot claim a benefit by ...
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...
Thursday, 13 August 2020

Supreme Court: Precaution to be taken by the court if, in the suit for partition of joint family property filed by a daughter, defence of prior partition is taken

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Earlier, an oral partition was permissible, and at the same time, the burden of proof remained on the person who asserted that there  ...
Tuesday, 11 August 2020

Landmark Supreme Court Judgment on right of daughter in ancestral property as coparcener since her birth

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  Resultantly, we answer the reference as under: (i) The provisions contained in substituted Section 6 of the Hindu Succession Act, ...
Saturday, 28 December 2019

Whether daughter can claim share in joint family property prior to death of father?

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 Section 6 of the Act has been amended on 09.09.2005 effacing devolution by survivorship through insertion of intestate succession in Mita...
Friday, 20 September 2019

Latest Supreme Court and Bombay HC Judgments

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Whether Adultery Judgment passed by Supreme Court will operate retrospectively? Hon'ble Apex Court in  Maj. Genl. A.S Gauraya ...
Monday, 2 September 2019

Leading Supreme court Judgment on share of widow in property of her deceased husband

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Before considering the implications of Explanation 1, it is necessary to remember that what Section 6 deals with is devolution of the inte...
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...

S 6 of Hindu Succession (Amendment) Act, 2005 referred to bench of three judges of Supreme Court

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The High Court has granted certificate of fitness to appeal under Articles 133(1)(a) and 134A of the Constitution of India having regard ...