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Hindu law

DORAIRAJ versus DORAISAMY (DEAD) THROUGH LRS & ORS.

The High Court correctly held that the suit properties were, in large part, joint Hindu family properties given the admitted genealogy and existence of ancestral income-yielding lands; the burden lay on the appellant to prove self-acquisition and legal necessity for alienations by the Karta, which was not established except in limited items, the unregistered Will was properly treated as suspicious and not relied upon, and therefore the High Court's decree awarding the plaintiff a 5/16th share (with exclusion of specified items) was upheld; the appeals were dismissed.

Source excerpt

  • Karta
  • Coparcenary
  • Self-acquired property
  • Burden of proof
  • Will
  • Partition
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Family law

KANCHANA RAI versus GEETA SHARMA & ORS.

The Court held that the phrase "any widow of his son" in Section 21(vii) of the Hindu Adoptions and Maintenance Act, 1956 includes widows irrespective of whether they became widows before or after the death of the father-in-law, and such widows are dependants entitled to claim maintenance from the deceased father-in-law's estate under Section 22; a narrow interpretation limited to widows of predeceased sons would be linguistically unsupported, arbitrary under Article 14 and violative of Article 21, and therefore impermissible.

Source excerpt

  • Maintenance
  • Dependants
  • Widow daughter-in-law
  • Section 21 of hindu adoptions and maintenance act, 1956
  • Section 22 of hindu adoptions and maintenance act, 1956
  • Article 14 of constitution of india
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Property law

RAMESH CHAND (D) THR. LRS. versus SURESH CHAND AND ANR.

Agreement to sell, General Power of Attorney, affidavit and receipt did not transfer title because no registered sale deed was executed as required by Section 54; the General Power of Attorney did not effect conveyance; the registered Will was not properly proved and was surrounded by suspicious circumstances and therefore did not confer title; plaintiff was not in possession and so could not avail Section 53A; accordingly the judgments below upholding plaintiff's title were set aside and the plaintiff's suit was dismissed.

Source excerpt

  • Suit
  • Possession
  • Mesne profit
  • Declaration
  • Mandatory injunction
  • General power of attorney
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Succession

METPALLI LASUM BAI (SINCE DEAD) AND OTHERS versus METAPALLI MUTHAIH (D) BY LRS.

The trial Court correctly found the registered Will (Ext.-A1) genuine and the oral family settlement corroborated by admissions and possession; because the defendant admitted the testator's signatures and plaintiff's possession of the allotted land, the High Court erred in reducing plaintiff's share and substituting its own factual conclusions, so the trial Court's decree restoring plaintiff's title and validating the sale was restored.

Source excerpt

  • Will
  • Registered will
  • Family settlement
  • Declaration of title
  • Partition
  • Admission of signatures
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Succession

RAM CHARAN & ORS. versus SUKHRAM & ORS.

In the absence of any proved custom or law denying succession to female members of the Scheduled Tribe, the courts must apply the principles of justice, equity and good conscience (s.6, Central Provinces Laws Act, 1875) and Article 14; consequently the legal heirs of the deceased tribal woman (Dhaiya) are entitled to an equal share in the ancestral property, and accrued rights are not defeated by the subsequent repeal of the 1875 Act.

Source excerpt

  • Inheritance of tribal woman to ancestral property
  • Application of custom in succession
  • Principles of justice, equity and good conscience (s.6 central provinces laws act, 1875)
  • Article 14 equality and gender discrimination
  • Effect of repeal on accrued rights
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Succession

GURDIAL SINGH (DEAD) THROUGH LR versus JAGIR KAUR (DEAD) AND ANR. ETC.

The non-mention of the testator's wife and failure to give reasons for her disinheritance, considered cumulatively with attendant circumstances (including evidence that the wife lived with the testator and absence of estrangement, and indications that the propounder sought to deny her marital status), gave rise to serious doubt and demonstrated that the free disposition of the testator was vitiated by undue influence of the appellant, rendering the Will invalid.

Source excerpt

  • Proof of will
  • Suspicious circumstances
  • Disinheritance
  • Undue influence
  • Free disposing mind
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Hindu law

TIRITH KUMAR & ORS. versus DADURAM & ORS.

The Hindu Succession Act, 1956 does not apply to members of Scheduled Tribes absent a Central Government notification under s.2(2); the parties were members of the notified Sawara tribe and no de-notification was produced, so the High Court correctly held HSA inapplicable and, because Mardan died in 1951 (prior to HSA, 1956), correctly applied Sections 5 and 6 of the Central Provinces Laws Act, 1875 and the principles of justice, equity and good conscience to grant a portion of the property to Mardan's daughters and their descendants; the Supreme Court dismissed the appeal.

Source excerpt

  • Application of the hindu succession act, 1956 to scheduled tribes
  • Notified scheduled tribe (sawara)
  • Justice, equity and good conscience under central provinces laws act, 1875
  • Right of survivorship for female tribals
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Property law

SMT. NARESH KUMARI & ORS. versus SMT. CHAMELI & ORS.

The plaintiffs failed to prove any specific breach of a valid perpetual service condition; given the long uninterrupted possession by defendants and that reading a perpetual unpaid service condition into the gift would amount to forced labour and cannot be sustained, the gift is to be construed as relating to past services (or at most services during the donor's lifetime), and the plaintiffs are not entitled to resumption.

Source excerpt

  • Gift
  • Onerous gift
  • Resumption of property
  • Conditions of service
  • Possession
  • Limitation
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Family law

TEJ BHAN (D) THROUGH LR. & ORS. versus RAM KISHAN (D) THROUGH LRS. & ORS.

The two-Judge bench recognised that precedents on the interpretation of Section 14(1) and (2) are inconsistent and, because a two-Judge bench is not appropriate to finally reconcile multiple conflicting two- and three-Judge decisions, the Court declined to resolve the conflict on this occasion and directed the Registry to place the matter before the Chief Justice of India for constituting an appropriate larger bench to reconcile principles and restate the law on the interplay between sub-section (1) and (2) of Section 14 of the Hindu Succession Act.

Source excerpt

  • Section 14 of hindu succession act, 1956
  • Disposition of property in favour of hindu female
  • Interplay between section 14(1) and section 14(2)
  • Maintenance versus testamentary disposition
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Civil procedure

LEHNA SINGH (D) BY LRS. versus GURNAM SINGH (D) BY LRS. & ORS.

Section 41 of the Punjab Courts Act does not require framing of a substantial question of law to entertain a second appeal; however, findings of fact recorded by the first appellate court cannot be disturbed in second appeal. In the present case the first appellate court wrongly set aside the trial courts finding on the Will without meeting the trial courts reasons, and the High Court rightly restored the trial courts judgment; on independent examination the trial courts findings were supported by evidence, and the civil appeal is dismissed.

Source excerpt

  • Second appeal
  • Framing of substantial question of law
  • Will
  • Suspicious circumstances
  • Reappreciation of evidence
  • Section 41 punjab courts act, 1918
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.