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Hindu succession

SRI MAHESH versus SANGRAM & ORS

The adoption of the appellant by the widow (defendant No.1) relates back to the date of death of the adoptive father, but all lawful alienations made by the adoptive mother bind the adopted son; the registered sale deed dated 13.12.2007 was a lawful alienation and is binding on the appellant and must be upheld, whereas the registered gift deed dated 27.08.2008 was invalid for lack of delivery/acceptance and the trial Court’s declaration that the gift was null and void and that the appellant is entitled to the entire B and C schedule properties as sole heir is to be restored (High Court’s reve…

Source excerpt

  • Relation back principle
  • Effects of adoption
  • Validity of sale deed
  • Validity of gift deed
  • Partition
  • Acceptance and delivery of gift
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Hindu succession

MUNNI DEVI ALIAS NATHI DEVI (DEAD) THR LRS. & ORS. versus RAJENDRA ALIAS LALLU LAL (DEAD) THR LRS. & ORS.

The widow (defendant no.1) had a pre-existing right to maintenance under Shastric law, was in exclusive and settled possession of the suit property prior to and after the commencement of the Hindu Succession Act, 1956, and had collected rents and paid house tax; therefore she had effectively acquired the suit property in lieu of maintenance and by virtue of Section 14(1) her limited interest ripened into absolute ownership, so the High Court's order dismissing the plaintiff's suit was correct.

Source excerpt

  • Interpretation of section 14(1) hindu succession act, 1956
  • Widow's right to maintenance
  • Possession in lieu of maintenance
  • Conversion of limited interest into absolute ownership
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Hindu succession

JOGI RAM versus SURESH KUMAR & ORS

The Supreme Court held that on the construction of the Will the testator conferred only a life interest on Ram Devi and that Section 14(2) of the Hindu Succession Act, 1956 applied; therefore Ram Devi did not acquire absolute ownership under Section 14(1). Consequently purchasers deriving title from Ram Devi could not have a better title and, given the history of collusive proceedings and intervening sales during litigation, the respondents could not be treated as bona fide purchasers. The High Court judgment was set aside and the trial court decree (13.8.2009) as affirmed by the appellate co…

Source excerpt

  • Section 14(1) and 14(2) of the hindu succession act, 1956
  • Maintenance
  • Will and testamentary disposition
  • Res judicata
  • Bona fide purchaser
  • Transfer of property act section 41
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Property law

JAGAT RAM versus VARINDER PRAKASH

The suit for possession was barred by limitation as per Article 65(b) Limitation Act, 1963 because it was not filed within 12 years of the death of the Hindu female, Smt. Kirpi. The limitation period begins on the date of death, not any later date, regardless of pending litigation regarding adoption and gift deeds.

Source excerpt

  • Limitation for suit for possession of property
  • Adverse possession
  • Inheritance by hindu female
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Hindu succession

VELLIKANNU versus R. SINGAPERUMAL AND ANR.

Respondent No. 1 having murdered his father is disqualified under Sections 25 and 27 of the Hindu Succession Act from inheriting the property, and is deemed to have predeceased his father. Since Appellant’s right as widow flows from the disqualified Respondent No. 1, she too is disqualified from inheriting the property. Neither Respondent No. 1 nor Appellant can claim the estate under Hindu Succession Act or Mitakshara Law.

Source excerpt

  • Disqualification from succession
  • Coparcenary property succession
  • Effect of murder on inheritance
  • Mitakshara school of hindu law
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Hindu succession

MANGAT MAL (DEAD) AND ANOTHER versus SMT. PUNNI DEVI (DEAD) AND OTHERS

A Hindu widow who acquires property in recognition of her pre-existing right to maintenance possesses limited ownership, which, by virtue of Section 14(1) of the Hindu Succession Act, becomes full and absolute ownership after the Act's commencement, enabling her to validly alienate the property.

Source excerpt

  • Section 14 of hindu succession act
  • Rights of hindu widows
  • Maintenance
  • Residence
  • Pre-existing rights
  • Limited and absolute ownership
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Evidence law

DOLGOBINDA PARICHA versus NIMAI CHARAN MISRA & OTHEH,S

Statements in Exhibit 1 were made before the dispute as to the relationship arose and thus were admissible as to pedigree under Section 32(5); oral evidence of P.W. 2 and P.W. 4, showing conduct and belief as to relationship, was admissible under Section 50. Both High Court and trial court correctly decreed the suit based on admissible evidence.

Source excerpt

  • Admissibility of evidence
  • Interpretation of indian evidence act section 32(5) and section 50
  • Pedigree evidence
  • Hindu succession act (pre-1956): mitakshara succession and effect of hindu law of inheritance (amendment) act, 1929
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

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