hindu law

Capacity of Females Hindu to Form A Hindu Undivided Family: SC

Corporate Law - Female heirs of a Hindu governed by the Dayabhaga School of Hindu Law dying intestate could not impress upon their inherited property the character of joint family property. The properties inherited from her husband was assessable in the hands of the assessee in the status of individual. It means that female members of a HUF cannot form H...

Tax savings through HUF

Corporate Law - HUF is a creation of law and cannot be created by the act of parties, except in the case of adoption by member of HUF. HUF is a separate legal entity as per section 2(31) of the Income Tax Act and therefore, as long as the HUF is in existence, no individual member can be separately assessed in respect of its income. [ITO vs. Bachu Lal Kap...

Law relating to partition of HUF

Corporate Law - HUF (Hindu Undivided family) is peculiar concept under Hindu Law which is not prevalent in any other religion. All the assets of an HUF are owned collectively by all the members. As the share of each of the members in the HUF assets fluctuates with death and birth in the family, no member can predicate […]...

Rights of a Hindu daughter in property

Corporate Law - Hindu law is derived from old scriptures and has developed over the years with judicial pronouncements. Some of the laws applicable to Hindu have been codified in 1956 with passing of legislations like Hindu Marriage Act, Hindu Succession Act, 1956, Hindu Adoption an maintenance Act and Hindu Minority and Guardian ship Act. The most impor...

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....

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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...

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....

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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Hindu Widow having pre-existing right to maintenance in property gets full ownership of property

Munni Devi Alias Nathi Devi (Dead) Thr Lrs. & Ors. Vs. Rajendra Alias Lallu Lal (Dead) Thr Lrs. & Ors (Supreme Court) - SC held Hindu Widow had pre-existing right to maintenance in suit property that had ripened into full ownership by virtue of Section 14(1) of Hindu Succession Act, 1956....

Unmarried Daughter Can Claim Marriage Expenses from Parents Hindu Law

Rajeshwari Vs Bhunu Ram (Chhattisgarh High Court) - Rajeshwari Vs Bhunu Ram (Chhattisgarh High Court) Section 20 of the Hindu Adoptions and Maintenance Act, 1956 speaks about the maintenance of children and aged parents. Sub section(3) of Section 20 causes obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarr...

Daughters entitled to equal share in property inherited by their parents

Sonia Bai Vs Dashrath Sahu (Chhattisgarh High Court) - ince the plaintiff and defendants are coparcener of the joint Hindu as per Hindu Succession Act as amended in 2005, the daughters are also entitled for getting equal share in the property inherited by their parents. The suit land is inherited by deceased Kachra Bai, as such defendants and plaintiff ...

Properties given as dowry will form part of Suit Instituted by Daughter under Hindu Succession Act

Hemalatha Vs Venkatesh (Karnataka High Court) - In a suit for partition, the properties which had been given as dowry or otherwise at the time of marriage of the daughter plaintiff, claiming a right of partition under Section 6 of the Hindu Succession Act, would be amenable for partition and the same would have to be included in a suit for partit...

Daughter entitled to inherit self-acquired property of her father: SC

Arunachala Gounder (Dead) By Lrs. Vs Ponnusamy and Ors. (Supreme Court of India) - The Supreme Court on Thursday said the daughters of a male Hindu dying without a will would be entitled to inherit self-acquired and other properties obtained in the partition by the father....

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