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Showing posts with label daughter's right to property. Show all posts
Showing posts with label daughter's right to property. Show all posts
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...
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, ...
Friday, 23 November 2018

When daughter and wife of male Hindu is entitled to sue for partition of joint family property?

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 As regards the entitlement and share of the appellant No. 1 in the suit property, now in view of the law laid down by the Apex Court, i...
Tuesday, 6 November 2018

When it is not permissible for daughter to file suit for partition of ancestral property?

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 As regards the contention of the plaintiffs about their non joinder in the earlier suit, at the time when the suit was filed in the year 1...
Saturday, 9 June 2018

Notes on changes brought about by Hindu Succession( Amendment) Act,2005

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Hindu succession amendment Act 2005 has brought about following important changes: 1) Equal rights for daughters - After 2005 amend...
Sunday, 15 April 2018

Supreme court: Daughter become coparcener in joint family irrespective of when she was born

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Accordingly, we hold that the rights under the amendment are applicable to living daughters of living coparceners as on 9-9-2005 irr...
Sunday, 5 February 2017

Good legal article on Hindu woman's right to property

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INTRODUCTION 1.In the ancient times, the woman could hold property but in practice, in comparison to men's holding, her right to...
Sunday, 21 February 2016

What will be effect of Hindu succession amendment Act 2005 on prior partition?

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    Contention of the respondents that the Amendment should be read as retrospective being a piece of social legislation cannot be acce...
Tuesday, 26 January 2016

Whether daughters can be denied share in coparcenary property on ground that cash and jewellery are given to them?

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Learned Counsel for the appellants argued that Sannamadaiah purchased a site in the name of the third plaintiff and gave gold and silver...
Tuesday, 10 November 2015

Landmark judgment of Supreme court on daughter's right to receive share in ancestral property

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Accordingly, we hold that the rights under the amendment are applicable to living daughters of living coparceners as on 9th September,...
Monday, 2 November 2015

Supreme Court sets 2005 cut-off on women right to ancestral property

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The court said the father would have had to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male sibli...
Saturday, 18 October 2014

Whether S 6 of Hindu succession Act is retroactive in nature?

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    In view of above discussion, in our view the correct legal position is that Section  6  as amended by the 2005 Amendment Act is retroa...
Sunday, 3 February 2013

Daughter's right to get impleaded in suit after Hindu succession amendment Act 2005

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Civil - Amendment - Hindu Succession Act, 1956 - Trial court permitted impleadmentIion of Plaintiff No. 2 and 3 in suit and consequenti...
Tuesday, 15 January 2013

Whether daughters who expired prior to coming into force of amendment Act 2005 will become coparcener?

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This is the case where the daughters had already expired prior to the coming into force of the amendment Act and prior to any litigatio...