Hindu Woman Without Own Income Can Enjoy Property Given By Deceased Husband, But Can't Have Absolute Rights Over It: Delhi High Court

The Delhi High Court on Wednesday observed that a Hindu woman without having her own income has complete rights to enjoy, throughout her lifetime, the property received by her from the deceased husband but cannot have “absolute rights” over it. “In the case of Hindu women, who may not have their own income, receiving a life estate given to them by their husbands—who may...

Mere Failure To Transfer Vehicle Registration Will Not Invalidate Sale/Gift Of Vehicle: Supreme Court

The Supreme Court has observed that mere failure to get a transferred vehicle registered in the name of the new owner will not mean that the sale/gift transaction will get invalidated. The Court made this observation in the context of deciding whether the non-disclosure of three vehicles allegedly owned by the family members of Arunachal Pradesh MLA Karikho Kri in the election affidavit...

Children From Void Marriage Can't Be Denied Share In Their Parent's Property : Supreme Court

The Supreme Court on Friday (January 19) held that the children born out of a void and voidable marriage shall be considered as legitimate children and be treated as an extended family of the common ancestor for the purpose of deciding a valid share in the property of the common ancestor. Reversing the findings of the High Court, the Bench of Justices MM Sundresh and SVN Bhatti noted that...

Police Must Inform 'Hit & Run' Accident Victims About Compensation Scheme, Centre Must Consider Increasing Amount : Supreme Court

Taking note of the dismal rate of grant of compensation under the scheme formulated by the Central Government for the victims of 'hit and run' accidents, the Supreme Court has issued a slew of directions.As per the mandate of Section 161 of the Motor Vehicles Act 1988, the Central Government has framed the Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022 which is effective...

Hindu Succession Act | Legal Heirs Of Daughters Who Died Before 2005 Amendment Entitled To Equal Share In Family Property: Karnataka High Court

The Karnataka High Court has held that legal heirs of a daughter are entitled to equal share in the family properties, even if the daughters had passed away before the amendment to the Hindu Succession Act, came into force in 2005. A single judge bench of Justice Sachin Shankar Magadum, dismissed the plea filed by Channabasappa Hosmani, questioning the order passed by the trial court wherein...

Will Can't Be Presumed To Be Valid Merely Because It Is Registered : Supreme Court

The Supreme Court on Friday (06.10.2023) held that mere registration would not sanctify a document by attaching to it an irrebuttable presumption of genuineness.The Apex Court was considering a property dispute, in which the validity and legality of a Will was called into question. The matter had reached the Apex Court after a series of appeals. The Trial Court had held that valid execution...

Hindu Succession Act | To Decide Shares Of Heirs, First Step Is To Ascertain Share Of Deceased In Coparcenary Property On Date Of Death : Supreme Court

Tried and tested many times over, the issue of succession to Mitakshara coparcenary property continues to raise its head time and again like an undying Hydra of Lerna, the Supreme Court remarked while disposing a civil appeal(1 September 2023).In this case, a partition suit was filed in the year 1991 and the same was decreed by the Trial Court in the year 1996. The First Appellate Court...

Hindu Succession Act | Possession Of Property Necessary For Woman To Claim Rights Under Section 14 : Supreme Court

The Supreme Court has reiterated that for a Hindu female to claim rights under Section 14 of the Hindu Succession Act 1956, she has to be in possession of the property.Section 14 states that property of a female Hindu will be her absolute property. "Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as...

Hindu Succession Act | Daughters Get Equal Coparcenary Rights As Sons Even If Father Died Before 2005 Amendment : Orissa High Court

The Orissa High Court has reiterated daughters’ entitlement to inherit ancestral property in view of their equal coparcenary rights, as were conferred on them by the Hindu Succession (Amendment) Act, 2005, irrespective of date of death of their fathers.Following the conclusion reached by the Supreme Court in its landmark decision in Vineeta Sharma v. Rakesh Sharma & Ors., the Division...

J&K Hindu Succession Act | Will Can Be Executed In Favour Of Unrelated Person: High Court

The Jammu and Kashmir High Court has made it clear that a Will under Section 27 of the Jammu and Kashmir Hindu Succession Act can be executed in favour of a person who is not even related to the executant.A single bench of Justice Vinod Chaterjee Koul said Will is statutorily recognized mode of "alteration of natural line of succession" delineated by Hindu Succession Act without any...

No Scope For Determining Shares Of Parties While Deciding Application For Grant Of Succession Certificate: Karnataka High Court

The Karnataka High Court has said that a court considering application for grant of Succession Certificate has no power to go into the substantial and intricate question of facts and law.A single judge bench of Justice C M Joshi sitting at Kalaburagi bench, dismissed a petition filed by parents of one deceased Nagappa, challenging order of the trial court and appellate court granting...

Electronic Monitoring To Regulate Overspeeding : Supreme Court Calls For Expert Committee Meeting On Implementation Of Section 136A MV Act

The Supreme Court on Friday heard a plea regarding road safety through electronic monitoring. A bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala asked for a meeting to be convened by Justice AM Sapre, chairperson of Supreme Court Committee on Road Safety to set out an agreed formulation of modalities for implementing the provisions of Section 136A...