Muslim Law -- Matruka property - Devolution of property - Will is the first document that is to be satisfied subject to limits imposed by Muslim Law, i.e it cannot exceed one-third of estate and cannot ordinarily be made in favour of an heir without the consent of other heirs and then whatever remains hereafter, is to be distributed strictly as per the rules of intestate..........
Muslim Law -- Matruka property - Devolution of property - Wife being a sharer is entitled to 1/8th share but where there is no child or child of a son, share to which wife is entitled is 1/4th...........
Muslim Law -- Matruka property - Devolution of property - Property in question is matruka property and so has to be distributed amongst the survivors of deceased - Civil Court clearly fell in error by excluding the property on basis of agreement to sell, as agreement to sell has no value in the eyes of law, all the property that vested in deceased would become matruka..........
Hindu Succession Act, 1956, Section 8 -- Property of a Hindu male dying intestate - Property after the death of Hindu male shall devolve upon his Class 1 heirs i.e mother and wife - No evidence on record that wife committed murder of husband/Hindu Male - It cannot be said that wife is seized to be Class I heir of her husband - Mother and wife of deceased rightly held, as..........
Hindu Marriage Act, 1955, Section 16 -- Legitimacy of children born out of void and voidable marriage - Law as to: (i) In terms of S.16(1) of the Act, a child of a marriage which is null and void u/s 11 of Hindu Marriage Act is statutorily conferred with legitimacy irrespective of whether (a) such a child is born before or after the commencement of Amending Act 1976; (b) a..........
Hindu Succession Act, 1956, Section 6 - - Daughter - Devolution of interest in coparcenary property : (i) The provisions contained in substituted S.6 of the Hindu Succession Act, 1956 confer status of coparcener on the daughter born before or after amendment in the same manner as son with same rights and liabilities; (ii) The rights can be claimed by the daughter born..........
Hindu Succession Act, 1956, Section 6 - - Daughter - Devolution of interest in coparcenary property - Amended provisions of S.6(1) provide that on and from the commencement of the Amendment Act, the daughter is conferred the right - Section 6(1)(a) makes daughter by birth a coparcener "in her own right" and "in the same manner as the son" - S.6(1)(a) contains the concept..........
Hindu Succession Act, 1956, Section 6 - - Daughter - Devolution of interest in coparcenary property - Under the amended S.6, since the right is given by birth, that is an antecedent event, and the provisions operate concerning claiming rights on and from the date of Amendment Act...........
Hindu Succession Act, 1956, Section 6 - - Daughter - Devolution of interest in coparcenary property - Provisions contained in S.6(4) also make it clear that provisions of S.6 are not retrospective as the rights and liabilities are both from the commencement of the Amendment Act...........
Hindu Succession Act, 1956, Section 6 - - Daughter - Devolution of interest in coparcenary property - Partition - Proviso to S.6(1) and S.6(5) saves any partition effected before 20.12.2004 - However, Explanation to section 6(5) recognises partition effected by execution of a deed of partition duly registered under the Registration Act, 1908 or by a decree of a court -..........
