hindu succession act

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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Succession planning – Life moves with Trust

Corporate Law - Reflecting on ownership or leadership succession provokes an extreme emotional reaction for business and asset owners, as this is a reminder of age and mortality, which innately clouds the human mind with fear, feeling of loss of control or influence. A stress free mind calls for a simple and robust succession plan to protect the assets a...

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Presentation on HUF – WHY AN HUF?

Corporate Law - CA Sagar Kakkad WHY AN HUF? Because you can save up to INR 5 Million in Present Value Terms !! Assumptions Your current age is 30 years and your life expectancy is 70 years Government increases the basic exemption limit by average INR 25 k per year and deductions by average INR 5 k per […]...

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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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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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Claim of Succession should be beyond Any Reasonable Doubt – SC

Siddamurthy Jayarami Reddy (D) by LRs. Vs. Godi Jaya Rami Reddy & Anr (Supreme Court of India) - Hindu Succession Act, 1956- The plea, of the appellants, that Rami Reddy's family from the second wife and the testator's family was a composite family and the properties were joint family properties of the plaintiffs and the defendants, has not been accepted by the trial court as well as High Court...

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Recent Posts in "hindu succession act"

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 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 |

Succession planning – Life moves with Trust

Reflecting on ownership or leadership succession provokes an extreme emotional reaction for business and asset owners, as this is a reminder of age and mortality, which innately clouds the human mind with fear, feeling of loss of control or influence. A stress free mind calls for a simple and robust succession plan to protect the assets a...

Read More
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

Presentation on HUF – WHY AN HUF?

CA Sagar Kakkad WHY AN HUF? Because you can save up to INR 5 Million in Present Value Terms !! Assumptions Your current age is 30 years and your life expectancy is 70 years Government increases the basic exemption limit by average INR 25 k per year and deductions by average INR 5 k per […]...

Read More
Posted Under: Corporate Law |

Concept of HUF; Distinction b/w Co-parcener and 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...

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