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Showing posts with label pre-existing right. Show all posts
Showing posts with label pre-existing right. Show all posts
Sunday, 24 May 2026

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...
Friday, 13 February 2026

From Possession to Paper: SC reaffirms adverse-possession title as a “pre‑existing right” (Mukesh v. State of M.P., 2024 INSC 1026) -A View point

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  The Supreme Court in Mukesh v. State of Madhya Pradesh (decided 20 Dec 2024) held that where a compromise/consent decree merely recognise...

Supreme Court: No Registration Or Stamp Duty Required For Compromise Decree Acquiring Property With Pre-Existing Right

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  According to the Court, a compromise decree would not require registration if the below mentioned three conditions mentioned under Section...
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 ...
Monday, 19 February 2024

Whether widow will acquire ownership right over property in her possession recognizing her pre-existing right of maintenance?

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 It may be noted that in the Will executed by Harinarayanji in favour of Daulalji, there was no mention of the suit property. What was state...
Saturday, 23 March 2019

Whether wife will get absolute right in property if his husband was having only life interest in said property?

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In the instant case, there is nothing on record to show that the property in the hands of Chhimli came in lieu of maintenance or on accoun...
Sunday, 20 May 2018

When right in property acquired by Hindu female by compromise decree will not enlarge into full right?

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It is an admitted position that on 23.12.1932 a compromise decree was passed in a suit filed by predecessors of the defendants against t...
Friday, 16 June 2017

Whether it is necessary to register compromise decree if it creates right in property for first time?

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Since defendant No.1 having no pre-existing right in the property, therefore, right was allegedly conferred upon defendant No.1 by way of...
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Monday, 29 May 2017

When family settlement is compulsorily registrable?

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The tenor of the aforesaid document shows that the right in the property has been created for the first time in favour of the plaintif...
Sunday, 28 May 2017

Whether civil court has jurisdiction to try cases if relief is claimed against companies?

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 In Santosh Poddars’ case (supra), the Division Bench of this court was dealing with a suit where the plaintiffs had prayed for a decla...
Sunday, 13 November 2016

Whether property received by widowed daughter from her father in lieu of maintenance will become her absolute property?

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Hindu Law- Hindu Succession Act, 1956- Sec. 14(1)- Moral obligation, when becomes legal obligation - Discussed In this matter, argum...