Hindu Succession Act, 1956, Section 22 -- Preferential right of heir to acquire property - S.22 of the Act has no restrictive applicability in case of proposed transfer if transfer has been affected without knowledge of heir, still heir can maintain proceeding invoking preferential right enshrined u/s 22 of the Act...........
Hindu Succession Act, 1956, Section 15(1)(A) -- Property of female Hindu dying intestate - Succession - Husband of deceased is the only person who can be included in Class I of Scheduled to the Act, thus, entitled to her property - Turn of mother of deceased as legal heir can arise only in absence of class I heirs - Legal heirship certificate to the extent it includes..........
Consent decree -- Family settlement by a Hindu female with her nephews (brothers sons) - Such family settlement is not with strangers to the family - A perusal of S.15(1)(d) of Hindu Succession Act indicates that heirs of father are covered in the heirs, who could succeed - When heirs of father of a female are included as person who can possibly succeed, it cannot be held..........
Consent decree -- Family settlement by a Hindu female with her nephews (brothers sons) - Hindu female succeeded to half share of her husband in agricultural land after his death - She was absolute owner of said half share when she entered into family settlement with his nephews/defendants - Defendants being brother's son of female are not strangers to family - Consent..........
Hindu Succession Act, 1956, Section 6 -- Right of daughter - Partition suit - Daughter would inherit equal share as that of son in ancestral properties and date of death of father whether before or after date of amendment to S.6 of the Act, would be irrelevant - Plaintiff and defendants Nos.1 & 2 entitled to 1/3rd share each...........
Hindu Succession Act, 1956, Section 23 -- As repealed - Dwelling house - Right of daughter - Denial of share in dwelling house to daughter is not justified after repealing of S.23 of the Act...........
Civil Procedure Code, 1908, Section 25 -- Transfer of testamentary case - Testamentary case is pending in High Court of Uttarakhand and its transfer sought to District Court Delhi - Since Will set up by petitioner covers properties located both in Nainital and Delhi, both these Courts have concurrent jurisdiction - But in view of S.273 Proviso (b) of Succession Act,..........
Hindu Succession Act, 1956, Section 15(2) -- Scope - S.15(2) is an exception to S.15(1) of the Act - `Any property', which includes movable and immovable property, inherited by a female Hindu from her parents, and she dying intestate and issueless, shall devolve on the legal heirs of her father - The provision does not take within its ken self-acquired property or property..........
Succession Act, 1925, Section 57, 213 -- Will - Probate - Grant of probate of Will is compulsorily to be obtained by testator or legatee for establishing right based upon Will only when it relates to territories provided u/s 57(a), (b) of the Act - If Will is not executed within territorial jurisdiction mentioned in S.57(a), (b) of the Act, rigors of S.213 of the Act,..........
Hindu Succession Act, 1956, Section 14 -- Will - Life interest created in favour of wife by husband during his lifetime - Bequest in favour of wife extended beyond the actual share she would have got had a partition taken place in case husband had died intestate - It is nothing but interest that comes into existence in favour of wife for first time according to volition of..........
