hindu law

Inability To Do Household Work – Ground Of Cruelty For Seeking Divorce?

Corporate Law - A women’s place in the marriage has been the cause of many matrimonial disputes. What is expected of a wife/daughter-in-law poses a problem in maintaining a healthy marriage. With the passage of time, the norms of society have changed and women no longer belong in the households only....

Read More

Interpretation of Section 6 of Hindu Succession Act, 1956

Corporate Law - Interpretation of Section 6 of the Hindu Succession Act, 1956. Article explains the latest judgment of the Hon’ble Supreme Court of India, delivered on 11-8-2020, in the case of ‘Vineeta Sharma Vs. Rakesh Sharma’, on the interpretation of Section 6 of the Hindu Succession Act, as amended by the Amendment Act of 2005. Introdu...

Read More

Daughter’s Right in Ancestral Property from Retrospective Effect

Corporate Law - In a significant judgment on Tuesday, the Supreme Court of India ruled that a daughter will have a share in her ancestral property after the Hindu Succession (Amendment) Act, 2005 irrespective of the fact whether her father was alive or not at the time of the amendment....

Read More

Women’s Rights under Hindu Law

Corporate Law - Rights of Widow Under Hindu Succession The prevailing legislation at the time, however, was a colonial creation, called The Hindu Widow’s Remarriage Act, 1856. According to this legislation, a Hindu widow had to give up any right to property, or maintenance from her dead husband’s property (self-acquired and joint family property), if...

Read More

Hindu Succession (Amendment) Act, 2005- Rights & Liabilities of a daughter member

Corporate Law - Daughter shall be a Coparcener of Hindu Family Property. If a Hindu dies, the coparcener property shall be allotted to the daughter as is allotted to sons. If a female coparcener dies before partition, then children of such coparcener would eligible for allotment assuming a partition had taken place immediately before her de...

Read More

Unmarried Hindu woman has equal property rights

Corporate Law - An unmarried Hindu woman is entitled to equal share in ancestral or coparcenery property along with other male members under the amended Hindu Succession Act, the Supreme Court has held. Coparcenary refers to equal inheritance which was restricted only to male members of the Hindu Undivided Family but after succesive amendements several s...

Read More

Marriage between a Hindu and a non-Hindu not valid under Hindu Marriage Act- Delhi HC

Corporate Law - The marriage between a Hindu and a non-Hindu solemnised as per the Hindu rites is neither valid nor the parties can claim any benefits under the Hindu Marriage Act (HMA), the Delhi High Court has ruled....

Read More

Ancestral family property can be ‘gifted’ away : Bombay HC

Corporate Law - he Bombay High Court ruled on Wednesday that no part of an ancestral family property can be ‘gifted’ away. The court in a landmark order while resolving the dispute over a 69-year-old gift deed declared as void the document dating back to 1941, which said that Miraj resident Mallapa had gifted a portion of his ancestral property to hi...

Read More

Daughters have Equal rights to inherit ancestral property even if born prior to 9.9.2005: SC

Vineeta Sharma vs. Rakesh Sharma (Supreme Court) (Larger Bench) - Equality reaffirmed by the Supreme Court in a recent judgement delivered on August 11, 2020. It has been held that a daughter will have a share under the Hindu Succession (Amendment) Act, 2005, irrespective of whether her father was alive or not at the time of the amendment....

Read More

Co-coparcener cannot challenge sale made by Karta of HUF due to legal necessity

Kehar Singh (D) Thr. L.Rs. & Ors.Vs Nachittar Kaur & Ors. (Supreme Court) - Kehar Singh (D) Thr. L.Rs. & Ors.Vs Nachittar Kaur & Ors. (Supreme Court of India) Once the factum of existence of legal necessity stood proved, then, in our view, no co­-coparcener (son) has a right to challenge the sale made by the Karta of his family. The plaintiff being a son was...

Read More

SC analyses right of married daughters to claim partition in HUF Property

Mangammal @ Thulasi and Anr. Vs T.B. Raju and Ors. (Supreme Court of India) - This appeal is preferred against the impugned judgment and order dated 18.09.2006 passed by the High Court of Judicature at Madras in S.A. No. 780 of 2006 whereby learned single Judge of the High Court dismissed the appeal filed by the appellants herein at the admission stage....

Read More

Rights of daughters in coparcenary property if suit for partition filed before 09.09.2005 and decree been passed after 09.09.2005

Danamma @ Suman Surpur vs Amar (Supreme Court of India) - Rights of daughters in coparcenary property as per the amended S. 6 are not lost merely because a preliminary decree has been passed in a partition suit. So far as partition suits are concerned, the partition becomes final only on the passing of a final decree. Where such situation arises, the preli...

Read More

Daughter have equal rights in Parents property prospectively: SC

Prakash & Ors Vs Phulavati & Ors (Supreme Court of India) - Supreme Court held In the case of Prakash & Ors vs. Phulavati & Ors that the text of the amendment itself clearly provides that the right conferred on a ‘daughter of a coparcener’ is ‘on and from the commencement of Hindu Succession (Amendment) Act, 2005’....

Read More
Sorry No Post Found

Recent Posts in "hindu law"

Inability To Do Household Work – Ground Of Cruelty For Seeking Divorce?

A women’s place in the marriage has been the cause of many matrimonial disputes. What is expected of a wife/daughter-in-law poses a problem in maintaining a healthy marriage. With the passage of time, the norms of society have changed and women no longer belong in the households only....

Read More
Posted Under: Corporate Law |

Interpretation of Section 6 of Hindu Succession Act, 1956

Interpretation of Section 6 of the Hindu Succession Act, 1956. Article explains the latest judgment of the Hon’ble Supreme Court of India, delivered on 11-8-2020, in the case of ‘Vineeta Sharma Vs. Rakesh Sharma’, on the interpretation of Section 6 of the Hindu Succession Act, as amended by the Amendment Act of 2005. Introdu...

Read More
Posted Under: Corporate Law |

Daughter’s Right in Ancestral Property from Retrospective Effect

In a significant judgment on Tuesday, the Supreme Court of India ruled that a daughter will have a share in her ancestral property after the Hindu Succession (Amendment) Act, 2005 irrespective of the fact whether her father was alive or not at the time of the amendment....

Read More
Posted Under: Corporate Law |

Daughters have Equal rights to inherit ancestral property even if born prior to 9.9.2005: SC

Vineeta Sharma vs. Rakesh Sharma (Supreme Court) (Larger Bench)

Equality reaffirmed by the Supreme Court in a recent judgement delivered on August 11, 2020. It has been held that a daughter will have a share under the Hindu Succession (Amendment) Act, 2005, irrespective of whether her father was alive or not at the time of the amendment....

Read More

Women’s Rights under Hindu Law

Rights of Widow Under Hindu Succession The prevailing legislation at the time, however, was a colonial creation, called The Hindu Widow’s Remarriage Act, 1856. According to this legislation, a Hindu widow had to give up any right to property, or maintenance from her dead husband’s property (self-acquired and joint family property), if...

Read More
Posted Under: Corporate Law |

Hindu Succession (Amendment) Act, 2005- Rights & Liabilities of a daughter member

Daughter shall be a Coparcener of Hindu Family Property. If a Hindu dies, the coparcener property shall be allotted to the daughter as is allotted to sons. If a female coparcener dies before partition, then children of such coparcener would eligible for allotment assuming a partition had taken place immediately before her de...

Read More

Concept of HUF; Distinction between Co-parcener & member

Income Tax Act provides a special status to HUF under the Act and covers it in the definition of person u/s 2(31) of the Act. The Hindu Undivided Family (HUF) has not been defined under Income Tax Act, 1961, however, as per Hindu Law A Hindu Undivided Family (HUF) is ordinarily joint not only in estate but in food and worship. The members...

Read More

Meaning, Formation, Taxation, Membership & Partition of HUF

The Hindu Undivided Family can best be defined as a family that consists of a common ancestor and all his lineal male descendants and their wives and unmarried daughters. The Hindu Undivided Family (HUF) cannot be created by acts of any party. The only exceptions are in the case of an adoption or a marriage when a stranger may become a HU...

Read More
Posted Under: Corporate Law |

Taxation of HUF & Family Arrangement

Basic requirements for the existence of an HUF are as follows :(i) Only one co-parcener or member cannot form an HUF Family is a group of people related by blood or marriage. A single person, male or female, does not constitute a family. However the property held by a single co-parcener does not lose its character of Joint Family propert...

Read More
Posted Under: Corporate Law |

Some Important Aspects of HUF Under Income Tax, 1961

Article covers Some Important Aspects of HUF Under Income Tax, 1961 which includes Partition of HUF under Income Tax Act, 1961 and its assessment after Partition, Residential Status of HUF, Taxability of Income from house property in the name of HUF, Proprietorship and Partnership by HUF, Capital Gain Exemption available to HUF, Deduction...

Read More

Browse All Categories

CA, CS, CMA (5,118)
Company Law (6,815)
Custom Duty (8,170)
DGFT (4,430)
Excise Duty (4,421)
Fema / RBI (4,502)
Finance (4,731)
Income Tax (35,538)
SEBI (3,797)
Service Tax (3,648)

Search Posts by Date

January 2021
M T W T F S S
 123
45678910
11121314151617
18192021222324
25262728293031