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Landmark Judgments and Articles on Law

Whether the gift of a immovable property to a stranger to the exclusion of the other heirs of Class-I can be regarded as a transfer ?

IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE Present: THE HON’BLE JUSTICE HARISH TANDON & THE HON’BLE JUSTICE KAUSIK CHANDA C.A.N 11623 OF 2017 IN F.A.T 661 OF 2017 Sri Pabitra Kumar Maity Vs. Smt. Shyamali Manna & Ors Mr. Suman Kumar…

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

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1933 OF 2009 Mangammal @ Thulasi and Anr. ….Appellant(s) Versus T.B. Raju and Ors. …. Respondent(s) JUDGMENT R.K.Agrawal, J. 1) This appeal is preferred against the impugned judgment and order dated 18.09.2006 passed…

If Widow who remarries loses rights over late Husband’s property?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION APPEAL NO.8 OF 2007 IN NOTICE OF MOTION NO.80 OF 2006 IN PETITION NO.676 OF 2006 Mr Sanjay Purshottam Patankar … Appellant v/s Smt Prajakta Pramnod Patil … Respondent Mr A.K. Sarena for…

Daughter will not get right in property of Joint Hindu family where Partition has taken place before December 20, 2004

IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 1147/2012 RAKHI GUPTA ….. Plaintiff Through Mr.F.K. Jha, Adv. versus ZAHOOR AHMAD & ORS ….. Defendant Through Mr.Varun Goswami, Adv. CORAM: HON’BLE MR. JUSTICE KAILASH GAMBHIR ORDER % 29.11.2012 I.A. No. 15133/2012(O. 7 Rule 11…

Whether daughter is entitled to inherit ancestral property even if she was born prior to enactment of Hindu succession Act?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 188-189 OF 2018 [@SLP(C) Nos. 10638-10639 of 2013] DANAMMA @ SUMAN SURPUR & ANR. .Vs AMAR & ORS. A.K. SIKRI, J. Dated:FEBRUARY 1, 2018. The appellants herein, two in number, are the daughters…

Whether daughter can be denied right in ancestral property if preliminary decree is passed?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 8538 of 2011 (Arising out of SLP (Civil) No. 9586 of 2010) Decided On: 12.10.2011 Ganduri Koteshwaramma and Anr. Vs. Chakiri Yanadi and Anr. Hon’ble Judges/Coram: R.M. Lodha and J.S. Khehar, JJ. Citation: (2011) 9 SCC…

Distinction between S 14(1) and S 14(2) of Hindu succession Act relating to property rights of woman

Supreme Court of India PETITIONER:V. TULASAMMA & ORS. Vs. RESPONDENT:V. SESHA REDDI (DEAD) BY L. Rs. DATE OF JUDGMENT17/03/1977 BENCH:BHAGWATI, P.N.,GUPTA, A.C.,FAZALALI, SYED MURTAZA CITATION: 1977 AIR 1944 1977 SCR (3) 261 1977 SCC (3) 99 CITATOR INFO : R 1978 SC 361 (5) R…

Daughter’s right to receive share in ancestral property

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.7217 OF 2013 PRAKASH & ORS. VERSUS PHULAVATI & ORS. Citation;(2016)2 SCC36 Dated;OCTOBER 16, 2015 1. The only issue which has been raised in this batch of matters is whether Hindu Succession (Amendment) Act,…

Equal rights on ancestral property to Daughters married before 2005

Shri Badrinarayan Shankar … vs Ompraskash Shankar Bhandari on 14 August, 2014

THE HINDU SUCCESSION (AMENDMENT) ACT, 2005

THE HINDU SUCCESSION (AMENDMENT) ACT, 2005 Year : 1962 Act :THE HINDU SUCCESSION (AMENDMENT) ACT, 2005. NO. 39 OF 2005. An Act further to amend the Hindu Succession Act, 1956.BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:-…


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