hindu law

Creation of HUF – Tax Planning Advantage

Corporate Law - Tax Planning is an important agenda of any individual. People often end up paying taxes even after exhausting their limits under Section 80C, 80 D and so on. However, do you know that a very important tool which is often overlooked, is formation of a HUF, which is a legitimate way of reducing your tax liability....

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The Concept of will

Corporate Law - A Will becomes enforceable only after the death of the testator. It gives absolutely no rights to the legatee (the person who inherits) until the death of the testator. It has no effect during the lifetime of the testator. A testator can change his Will, at any time, in any manner he deems fit. ...

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What happens if a person dies without a will? How Hindu Succession Act Applies?

Corporate Law - A written and a registered Will, is the best and most convenient way for you to pass on your estate to the persons whom you want to....

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Applicability of Hindu Succession Law when a person dies unwilled

Corporate Law - When a person dies unwilled, then The Hindu Succession Act, 1956 applies for division of wealth. This law applies to Hindus, Jains, Buddhists and Sikhs. Money is so powerful that relation doesn’t take time to break. Family members can really fight over the issue of who gets how much out of the wealth and a lot of times unexpected things...

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Understanding Uniform Civil Code

Corporate Law - If we require Uniform Civil Code, does this mean India does not have a civil law or India is not a civil society? India is perfectly a civil society. The Constitution of India, 1950 being the highest piece of law. Even parliament cannot change the basic structure of constitution of India. Later, Code of Civil Procedures, 1908, Criminal pr...

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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...

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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....

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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...

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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....

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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...

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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’....

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Women can be Karta of HUF: Delhi High Court

Mrs. Sujata Sharma Vs Shri Manu Gupta (Delhi High Court) - In a judgment that is expected to have far reaching ramifications, the Delhi High Court has ruled that a female member of a Hindu Undivided Family can also be the ‘karta’. Falling prey to the patriarchal system, this role of leadership has been traditionally inherited by men of the household....

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Recent Posts in "hindu law"

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

Creation of HUF – Tax Planning Advantage

Tax Planning is an important agenda of any individual. People often end up paying taxes even after exhausting their limits under Section 80C, 80 D and so on. However, do you know that a very important tool which is often overlooked, is formation of a HUF, which is a legitimate way of reducing your tax liability....

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 preliminary decree would have to be amended t...

Read More

The Concept of will

A Will becomes enforceable only after the death of the testator. It gives absolutely no rights to the legatee (the person who inherits) until the death of the testator. It has no effect during the lifetime of the testator. A testator can change his Will, at any time, in any manner he deems fit. ...

Read More
Posted Under: Corporate Law |

What happens if a person dies without a will? How Hindu Succession Act Applies?

A written and a registered Will, is the best and most convenient way for you to pass on your estate to the persons whom you want to....

Read More
Posted Under: Corporate Law |

Applicability of Hindu Succession Law when a person dies unwilled

When a person dies unwilled, then The Hindu Succession Act, 1956 applies for division of wealth. This law applies to Hindus, Jains, Buddhists and Sikhs. Money is so powerful that relation doesn’t take time to break. Family members can really fight over the issue of who gets how much out of the wealth and a lot of times unexpected things...

Read More
Posted Under: Corporate Law |

Understanding Uniform Civil Code

If we require Uniform Civil Code, does this mean India does not have a civil law or India is not a civil society? India is perfectly a civil society. The Constitution of India, 1950 being the highest piece of law. Even parliament cannot change the basic structure of constitution of India. Later, Code of Civil Procedures, 1908, Criminal pr...

Read More
Posted Under: Corporate Law |

Removing Gender Bias is abrogation of freedom of religion?

a) In recent past, Bombay HC held that, women can enter any part of Shani temple. b) Currently, a three member bench of SC is considering an issue of constitutional validity of Ban on entry of women into a temple in a case from kerala. Apparently, from the discussion that took place in the court room, it is more likely that, the bench wil...

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Posted Under: Corporate Law |

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

Women can be Karta of HUF: Delhi High Court

Mrs. Sujata Sharma Vs Shri Manu Gupta (Delhi High Court)

In a judgment that is expected to have far reaching ramifications, the Delhi High Court has ruled that a female member of a Hindu Undivided Family can also be the ‘karta’. Falling prey to the patriarchal system, this role of leadership has been traditionally inherited by men of the household....

Read More
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