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Showing posts with label succession. Show all posts
Showing posts with label succession. Show all posts
Wednesday, 20 December 2023

What is the basic concept of 'Uniform Civil Code' and its implications on personal laws?

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  From marriage to adoption, how Uniform Civil Code could subsume personal laws across religions The Uniform Civil Code is back in the news ...
Sunday, 12 September 2021

Whether Hindu widow can inherit husband's property if she has not remarried on the day succession opens?

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 It is very well true that if we have to deal with rights of a particular party, we have to consider the provisions of relevant law in its e...
Tuesday, 4 May 2021

Whether on the death of Muslim his legal heirs will inherit his property as joint tenant or tenants in common?

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  The cause of action for partition of properties is said to be a perpetually recurring one" See Monsharam Chak-ravarty & Ors. v. G...
Sunday, 19 July 2020

What is difference between succession and survivorship as per Hindu Succession Act?

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Prior to enactment of Hindu Succession Act 1956,on the death of one coparcener of joint family,other coparceners of joint family were gett...
Wednesday, 8 April 2020

How to ascertain the legal heirs of female Hindu for succession to her property if her husband pre-deceased her?

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The only reason why the High Court has allowed the second appeal is on the ground that the appellant is not an heir of her mother-in-law u...
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 ...
Thursday, 19 December 2019

Supreme Court: While considering right of succession of married daughter over leased property provisions of rent Act are not relevant

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 From the impugned orders passed by the inventory court and the High Court, it is not in dispute that both the courts below have held agai...
Monday, 16 December 2019

Supreme Court: While considering right of succession over lease property provisions of rent Act are not to be considered

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We are of the opinion that both, the learned Inventory Court as well as the High Court have committed a grave error in relying upon the pr...
Tuesday, 5 February 2019

Whether Child Born Out Of Marriage Between Muslim Man And Hindu Woman Entitled To get His Father's Property?

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For example,  if a man were to marry a nonscriptural woman, the marriage would be only invalid, for she might at any time adopt Islam or ...
Wednesday, 26 December 2018

Whether children born out of void marriage can claim share in property of their parents during their life time?

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 Thus, it is now made more than clear that, the children of a void marriage, though regarded as legitimate, such children would not be ...
Sunday, 25 November 2018

Whether plaintiff has proved his title if defendant has failed to prove his title?

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As pointed out by the Apex Court in its decision reported in Brahma Nand v. Mathra Puri, MANU/SC/0295/1964 : A.I.R. 1965 SC 1506, the  plai...
Sunday, 17 September 2017

Whether court can direct bank to deposit money of deceased for distribution to legal heirs inspite of nomination?

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With regard to the first point, this Court in a Judgment reported in MANU/GH/0183/1997 : 1998 (2) GLT 350 in the case of Smt. Sunita Sha...
Thursday, 22 December 2016

Whether estate will vest in nominee instead of legal heirs in case of nomination?

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The provisions relating to nominations under the various Enactments have been consistently interpreted by the Apex Court by holding tha...
Thursday, 15 September 2016

Whether sanyasi can hold personal property?

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A math is typically a Hindu religious institution. It was described in Krishna Singh v. Mathura Ahir MANU/SC/0657/1981 : AIR 1980 SC 707...
Sunday, 14 August 2016

What are rights of legal heirs of deceased tenant in tenanted premises?

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It is obvious that the provisions of section 5(11)(c) of the Rent Act provides for a right of succession different from the one under the...
Friday, 22 July 2016

Whether Hindu widow will become absolute owner of property from which she has right to receive maintenance?

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 After hearing the learned counsel on either side, the following question is formulated for decision in the second appeal :       ...
Sunday, 5 June 2016

Whether wife of brother of deceased husband of widow is entitled to succeed to her property as agnate?

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 Mr. Mankapure, faced with this position, faintly urged that Sonabai did not qualify as 'agnate' within the meaning assigned to ...
Wednesday, 1 June 2016

UK High Court's Judgment on Modern Perspective of Donatio Mortis Causa

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There are three requirements to constitute a valid DMC. They are: i) Donor contemplates his impending death. ii) Donor makes a gi...
Thursday, 26 May 2016

Whether exclusion of natural legal heirs from inheritance is suspicious circumstance surrounding execution of Will?

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 I do not find any substance in the contentions raised by the learned counsel for the appellant-defendant no.3. Defendant no. 3 has...
Saturday, 9 April 2016

Judgment of Supreme Court Of Queensland on interpretation of will

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The principles of construction governing the approach to be taken by the court on an application such as this are of long-standing. The ...