OTHERS
Testator Executing Will In Favour Of Persons Taking Care Of His Household Is Not Unnatural: Himachal Pradesh High Court
The Himachal Pradesh High Court held that the execution of a will in favour of family members who had been caring for the testator and his household could not be termed unnatural.Justice Satyen Vaidya remarked that: “… the execution of Will by Anokhi Ram in favour of persons, who were taking care of the entire family and in whom he had reasons to establish trust cannot be said to...
Any Legal Heir Or Representative Of Deceased Can Maintain Consumer Complaint On Their Behalf: Delhi High Court
The Delhi High Court has held that any “legal heir” and “representative” of a deceased consumer can maintain a consumer complaint on his/her behalf.Justice Manoj Jain observed that the Consumer Protection Act 1986 does not make any distinction between a class-I or class-II legal heir defined under the Hindu Succession Act, 1956.The bench thus dismissed objections to a deceased...
Hindu Succession Act | Property Of Father Who Dies Intestate Devolves On Son In Individual Capacity, Not As Family's Karta: Delhi High Court
The Delhi High Court has ruled that the property of a father who dies intestate devolves on his son in his individual capacity and not as the “Karta” of his own family.“Therefore, so long as the father (deceased's son) is alive, the son (deceased's son's son) cannot claim any right in his father's property, since Section 8 of Hindu Succession Act excludes the concept of survivorship...
Hindu Marriage Act | Second Marriage During Appeal Period Valid If Divorce Decree Remains Unchallenged By Ex-Spouse: Kerala High Court
The Kerala High Court has recently held that a marriage contracted within the time frame provided for appealing a decree of divorce dissolving previous marriage would not be considered to be illegal if the decree is unchallenged by the former spouse.The decision was passed by the Division Bench of Justice Devan Ramachandran and Justice M.B. Snehalatha while considering an original petition by...
Compelling Couple To Live Together After 30 Yrs Of Separation Amounts To Mental Cruelty: Punjab & Haryana High Court
The Punjab and Haryana High Court observed that when either of spouses have chosen to live "apart for over three decades without even a show of reconciliation or cohabitation, the very essence of marriage stands eroded."The Court opined that, "What remains is only a legal bond without any substance. To compel the parties to reside together after such a prolonged separation would be...
Hindu Succession Act| State Cannot Invoke Doctrine Of Escheat To Challenge A Will Which Is Granted Probate : Supreme Court
The Supreme Court recently held that a State Government cannot invoke the doctrine of escheat under Section 29 of the Hindu Succession Act once a Hindu male has executed a Will, which has been declared to be valid and has been granted probate by a Court.The bench of Justice BV Nagarathna and Justice SC Sharma was hearing a challenge to the order of the Delhi High Court, which upheld the...
Hindu Marriage Act | Presumption Of Valid Marriage Doesn't Always Diminish Merely Due To No Direct Evidence Of 'Saptapadi': Delhi High Court
The Delhi High Court has ruled that the presumption of a valid marriage is not diminished simply because there is no direct or positive proof of the ceremony of Saptapadi having taken place between the parties. A division bench comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar said that if there is even some evidence showing that the parties went through a form...
Foreign Law Can't Dissolve Hindu Marriage Performed Under HMA Even If Couple Is Domiciled Abroad Or Acquires Foreign Citizenship: Gujarat HC
The Gujarat High Court has held that a marital dispute between two Hindus whose marriage was conducted in India can be entertained only under the Hindu Marriage Act and foreign family law shall not be applicable even if the couple are domiciled or have citizenship of a foreign country. The court thus underscored that the applicability of a foreign law to dissolve a marriage which has...
S. 2(2) Hindu Succession Act Is 'Barrier' For Tribal Women To Lay Claim Over Father's Property: Rajasthan High Court Suggests Amendment
The Rajasthan High Court has opined that when daughters belonging to non-Scheduled Tribe (“ST”) communities were entitled to equal share in father's property, there was no reason to deny the same right to the daughters of the ST community. Section 2 of the Hindu Succession Act lays down the scope of application of the Act, and Section 2(2) gives states that nothing contained in the Act...
Implement Cashless Treatment Scheme For Accident Victims in True Spirit: Supreme Court To Centre
The Supreme Court recently directed the Central Government to ensure that the Cashless Treatment Scheme for Road Accident Victims Scheme, 2025, which was notified on May 5, 2025, is implemented in its true letter and spirit.The scheme has been framed under Section 162 of the Motor Vehicles Act, 1988, which mandates the government to provide cashless treatment to road accident victims during...
