Hindu Succession Act, 1956, Section 8, 11, 19 -- Hindu dying issueless - Suit property originally being co-parcenary property, equally divided between two sons and daughter - Since one son had died issueless, therefore his share would be divided between other son and daughter being Class II heirs equally by virtue of S.8 r/w S.11 of the Act...........
Hindu Succession Act, 1956, Section 15(1) -- Property of female Hindu dying intestate - Father of defendants was not validly married to Hindu female and valid marriage between them not established, thus, father of defendant not entitled to succeed property of Hindu female, as in order to include within meaning of husband u/s 15(1)(a) of the Act, he must be legally wedded..........
Hindu Succession Act, 1956, Section 15(1), 16 -- Property of female Hindu dying intestate - Marriage between father of defendants and Hindu female not established - Defendants thus, were illegitimate sons of Hindu female with father of defendants, who will succeed property alongwith plaintiff who was born to Hindu female from her valid marriage...........
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 - - Coparcenary - Basic concept of coparcenary is based upon common ownership by coparceners - When it remains undivided, the share of the coparcener is not certain - Nobody can claim with precision the extent of his right in the undivided property - Coparcener cannot claim any precise share as the interest in coparcenary is..........
Hindu Succession Act, 1956, Section 6 - - Coparcenary - In case coparcenary property comes to the hands of a `single person' temporarily, it would be treated as his property, but once a son is born, coparcenary would revive in terms of the Mitakshara law...........
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 -..........
