filmov
tv
NO ONE CAN DENY THE SHARE OF DAUGHTER IN HER FATHER'S PROPERTIES. (DECEMBER, 2022)
Показать описание
#Daughter's_Share_In_Property #supremecourtofindia #hindusuccessionact
Free Legal advice to solve your day to day legal problem.
Better legal information to enrich your legal outlook.
Vineeta Sharma vs. Rakesh Sharma & Ors (2020) 9 SCC 1
This judgment expanded the Hindu woman’s right to be a joint legal heir and inherit ancestral property on terms equal to male heirs.
SC had the issue: Whether the amendment of 2005 granting equal rights to daughters to inherit ancestral property would benefit a daughter of a coparcener by birth of after amendment?
Five important points:
The benefit is to accrue with birth. Since the right to coparcenary of a daughter is by birth, it is not necessary that the father should be alive on September 9, 2005.
They will have equal rights like sons to inherit joint Hindu family property.
The concept of deemed partition created by the proviso to Section 6 of the Hindu Succession Act, 1956 as originally enacted will not cause disruption of the coparcenary.
An unregistered partition, or oral partition, without any contemporaneous public document, cannot be accepted as the statutorily recognised mode of partition.
In exceptional cases, where the plea of oral partition is supported by public documents, showing the manner as it had been affected by a decree of a court, it may be accepted.
The daughter as a coparcener will have same same rights and liabilities asa son provided there had been no parting/partition/devolution before December 20, 2004.
One more point, a Daughter can claim the benefit in the case of Intestate Succession and not Testamentary Succession.
One thing is very clear that daughters can not question the disposal or alienation of ancestral properties by the existing coparceners prior to December 20, 2004.
Only a coparcener has the right to demand the partition of property. A share in a property is adulated by birth or death in a family.
A daughter, living or dead, as on the date of the amendment, shall be entitled to a share in her father’s property. It means that even if the daughter was not alive on the date of the amendment, her children could claim her rightful portion.
In January 2022, the Apex Court delivered a very good decision in Arunachala Gounder (dead) v. Ponnuswamy (2022) SCC Online SC 72
. It held:
The self-acquired property of a Hindu male dying intestate would devolve by inheritance and not by succession.
The daughter shall be entitled to inherit such property, as well as property obtained through the partition of a coparcenary or family property.
In case a woman dies intestate, then the ancestral property devolved on her from her father would be bestowed upon her father’s heirs.
The property devolved on her from her husband’s side would be assigned to her husband’s heir in case she dies issueless.
It means: The basic aim of the legislature in enacting Section 15(2) is to ensure that the inherited property of a female Hindu dying issueless and intestate, goes back to the source.”
Free Legal advice to solve your day to day legal problem.
Better legal information to enrich your legal outlook.
Vineeta Sharma vs. Rakesh Sharma & Ors (2020) 9 SCC 1
This judgment expanded the Hindu woman’s right to be a joint legal heir and inherit ancestral property on terms equal to male heirs.
SC had the issue: Whether the amendment of 2005 granting equal rights to daughters to inherit ancestral property would benefit a daughter of a coparcener by birth of after amendment?
Five important points:
The benefit is to accrue with birth. Since the right to coparcenary of a daughter is by birth, it is not necessary that the father should be alive on September 9, 2005.
They will have equal rights like sons to inherit joint Hindu family property.
The concept of deemed partition created by the proviso to Section 6 of the Hindu Succession Act, 1956 as originally enacted will not cause disruption of the coparcenary.
An unregistered partition, or oral partition, without any contemporaneous public document, cannot be accepted as the statutorily recognised mode of partition.
In exceptional cases, where the plea of oral partition is supported by public documents, showing the manner as it had been affected by a decree of a court, it may be accepted.
The daughter as a coparcener will have same same rights and liabilities asa son provided there had been no parting/partition/devolution before December 20, 2004.
One more point, a Daughter can claim the benefit in the case of Intestate Succession and not Testamentary Succession.
One thing is very clear that daughters can not question the disposal or alienation of ancestral properties by the existing coparceners prior to December 20, 2004.
Only a coparcener has the right to demand the partition of property. A share in a property is adulated by birth or death in a family.
A daughter, living or dead, as on the date of the amendment, shall be entitled to a share in her father’s property. It means that even if the daughter was not alive on the date of the amendment, her children could claim her rightful portion.
In January 2022, the Apex Court delivered a very good decision in Arunachala Gounder (dead) v. Ponnuswamy (2022) SCC Online SC 72
. It held:
The self-acquired property of a Hindu male dying intestate would devolve by inheritance and not by succession.
The daughter shall be entitled to inherit such property, as well as property obtained through the partition of a coparcenary or family property.
In case a woman dies intestate, then the ancestral property devolved on her from her father would be bestowed upon her father’s heirs.
The property devolved on her from her husband’s side would be assigned to her husband’s heir in case she dies issueless.
It means: The basic aim of the legislature in enacting Section 15(2) is to ensure that the inherited property of a female Hindu dying issueless and intestate, goes back to the source.”
0:00:12
No one can deny the logic #TheTraitors #iPlayer
0:00:17
No one can deny that Elon Musk is great
0:00:34
No one can deny how powerful she is!
0:00:31
No one can deny that she hits different 🔥 #Blackpink #Kpop #Viral #Shorts
0:00:24
They're so fine🔥❤️ No one can deny that💯♥️ #daishun #shunnakanishi #dainakai #couple #boyfriend...
0:00:33
no one can deny it’s CATCHY 😭 I was😨 a bad🙅♀️ girl😈🔪🤫 - liv pearsall #shorts sorry jojo...
0:00:16
No one can deny that it's cute!#httyd#lightfury#viral#shorts
0:00:53
no one can deny what BTS and their organic success has done for kpop😌 #youtubeshorts #ytshorts #bts...
0:00:07
No one can deny Jungkook's talent.... #jungkook #bts #shorts #viral
0:00:06
No One can Deny : History Repeat Itself: #ipl2023 #shorts #shortcuts
0:00:42
No one can deny VERNON😆svt Vs🕷Meanwhile Hoshi telling CARTS to be QUIET🤣#seventeen#joshua#dino#dk...
0:00:10
No one can deny that he is the all rounder#viralvideo HAN JISUNG
0:00:18
Power of BTS that noone can deny #grandcentralstation #jk #ck #calvinklein #jungkook #usa #bts #army
0:00:34
no one can deny the power of ATEEZ
0:00:15
No one can deny how good was HAZARD @chelseafc😔 #football #premierleague #chelsea#edit #foryou
0:02:04
No One Can Deny
0:00:11
The most common universal jokes that no one can deny
0:04:09
No One Can Deny It
0:00:25
and no one can deny it❤️ #music #edit #hazbinhotel #huskerdust #hazbinhoteledit #angeldust #husker...
0:03:21
so pretty and no one can deny it
0:00:17
No one can deny this song is hard
0:04:09
Neelix, Static Movement, Caroline Harrison - Nobody Can Deny (Official Audio)
0:04:25
THE SKYSCRAPER PROPHECY (NO ONE CAN DENY THIS)
0:00:14
True words and no one can deny them #gru #funny #darkhumor
Комментарии