Who is an heir and what is inheritance?

Laws of succession in India are highly complex. This guide tries to simplify the laws surrounding property inheritance in India by answering some oft-repeated question about ancestral property. We also quote the latest court judgements to keep you updated about the changing course of the law.

Property and its division remains a major bone of contention among family members. This is primarily because in the presence of various laws pertaining to the matter, not a lot of clarity of afforded to the common man in matters related to inheritance. This legal guide will help you have a better understanding of some of the oft-popping questions on property inheritance in India.

 

What is inheritance?

The term inheritance is exclusively used in the context of succession. Upon the death of an individual, their property, title, debts and obligations may devolve upon the heir. Although different societies treat inheritance differently, tangible and immovable property are often treated as inheritance.  

See also: How to remove illegal possession from your property?

 

What is an ancestral property and how is it different from self-acquired property ?

A property  a person inherits from his family members is an ancestral property. On the other hand, a property you buy using your own resources is your self-acquired property. A self-acquired property becomes the ancestral property after a point.  The reverse is also true – an ancestral property can also become a self-acquired property.

When does an ancestral property become a self-acquired property?

When an ancestral property is divided among members of a joint Hindu family, it becomes self-acquired property in the hands of a family member.

When does a self-acquired property become an ancestral property?

Similarly, a self-acquired and undivided property of a person’s great-great grandfather becomes an ancestral property eventually.

See also: All about ancestral property

See also: Coparcener meaning in HUF context

 

Who is an heir?

The Indian law, like most laws worldwide, recognises the concept of an heir. Heirs include those persons, who are legally entitled to inherit property from their ancestors. An ancestral property is divided among the legal heirs of the owner under various laws in India. This article will give you an understanding of inheritance, the concept of heir and property rights in India.

 

Who are legal heirs of an ancestral property?

An heir is a person, who is legally empowered to inherit the estate of his ancestors, who died without leaving a will (a state known as intestate in legal parlance). After the demise of such a property owner, matters relating to property inheritance and other claims will need to be taken up by their legal heirs.

It begs to mention here that the concept of an heir differs from religion to religion. This is also why their property rights in the deceased person’s property might also differ according to the religion they come from.

For example, the Hindus Succession Act (HSA) applies to Hindus, Buddhist, Jains and Sikhs, and those who have converted to any of these religions or are born out of wedlock. The Hindu Succession Act does not apply to Indian Muslims and Christians since they have their personal law to determine how property would be inherited by their legal heirs.  In this article, we will examine the property rights of those on whom the Hindu Succession Act is applicable. 

See also: How to become co-owner of property?

 

Importance of legal heir certificate in inheritance

When someone passes away and their family needs to inherit their assets, the legal heirs usually need two important papers: one that shows the person has died (death certificate) and another that proves who can inherit their things (legal heir certificate).

A legal heir certificate is a document that has legal enforceability and states the relationship between the deceased and his legal heirs. This ‘post-demise’ document, which states the names of all legal heirs of the deceased, is crucial for the surviving members to stake their claim in the property of their late relation. Understandably, a great deal of diligence and inquiry are employed on the part of the authorities, before issuing a legal heir certificate.

Applicability of the Hindu Succession Act

The HSA comes into force when a Hindu dies intestate . Thereafter, succession depends upon the rules as carried in the Act. In case of a Hindu man dying intestate, his property goes to the following and in this order of preference. The following chart shows the rightful heirs as per the Act:

Heir according to Hindu Succession Act

Class-I heirs	Class-II heirs	Agnates	Cognates
i. Son ii. Daughter iii. Widow iv. Mother v. Son of a predeceased son vi. Daughter of predeceased son vii. Widow of predeceased son viii. Son of a predeceased daughter ix. Daughter of predeceased daughter x. Son of predeceased son of predeceased son xi. Daughter of predeceased son of a predeceased son xii. Widow of predeceased son of a predeceased son	i. Father ii. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister iii. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’ daughter’s son, (4) daughter’s daughter’s daughter. iv. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter. v. Father’s father; father’s mother. vi. Father’s widow; brother’s widow. vii. Father’s brother; father’s sister. viii. Mother’s father; mother’s mother ix. Mother’s brother; mother’s sister.	Example: Father’s brother’s son or even father’s brother’s widow. Rule 1: Of two heirs, the one who is in nearer line is preferred. Rule 2: Where the number of degrees of ascent is the same or none,  that heir is preferred who is closer to the common ancestor. Rule 3: Where  neither heir is entitled to be  preferred to the other under Rule 1 or Rule 2 they take simultaneously.	Example: Father’s sister’s son or brother’s daughter’s son Rule 1: Of two heirs, the one who is in nearer line is preferred. Rule 2: Where the number of degrees of ascent is the same or none,  that heir is preferred who is closer to the common ancestor. Rule 3: Where  neither heir is entitled to be  preferred to the other under Rule 1 or Rule 2 they take simultaneously

*Note: Agnates are relations through the males but not by blood or adoption. These can be relations through marriages. Cognates are relations through the females.

 

 

Major changes in Hindu Succession Act

The Hindu Succession Act was amended in 2005 to add or remove different clauses within the earlier Act. Some of the most significant changes in the Act are as follows:

Section 4(2) amendment

The Section 4(2) of the Hindu Succession Act did not include agricultural lands under its scope of inheritance. This is revoked in 2005 by adding the right to claim inheritance over agricultural lands. The Act was amended to ensure greater equality between men and women, so that women could exercise their rights on the lands they have been toiling.

Revamping of Section 6

Section 6 of the Hindu Succession Act stated that women could enjoy property rights only if it was gifted by the woman’s relatives or strangers. However, in both the cases, the absolute ownership or the rights were retained by the relatives or the strangers. The revamping of Section 6 and adding new clauses helped in making women enjoy equal rights as her brothers or other male members in the family.

See also: Can gift deed be revoked

Omitting Section 3

Section 3 of the Hindu Succession Act did not grant women the right to seek for partition within a house unless the male members wanted so. This reduced the autonomy and rights of the women and hindered her privacy. As a result, the amendment omitted Section 3 of this Act.

See also: All about partition deed format

Succession rights in India

Daughter’s right on father’s property after marriage

The HSA was amended in 2005 and it gave equal rights to the daughter in terms of property. Prior to the Hindu Succession Amendment Act 2005, sons enjoyed rights over the deceased father’s property, whereas daughters could do so only till she was unmarried. It was understood that after marriage, a woman attaches herself to the husband’s family and therefore, has rights in another Hindu Undivided Family (HUF) altogether. Now, married and unmarried daughters have the same rights on their father’s property as their brothers. They are also entitled to equal duties and liabilities as their brothers. In 2005, it was also ruled that a daughter has the same rights, provided that both, father and daughter, were alive on September 9, 2005. In 2018, the SC stated that a daughter can inherit her deceased father’s property no matter whether the father was alive on this date or not. Hereon, women were also accepted as coparceners. They can demand a share in the father’s property.

In 2022, the Supreme Court ruled that daughters have the right to inherit their parents’ self-acquired property and any other property of which they are absolute owners, adding that this rule would apply even in cases where the parents of a daughter died intestate before the codification of the Hindu Succession Act, 1956.

Unmarried adult daughter can’t claim maintenance from father under Section 125 of CRPC: HC

An adult daughter unmarried can’t seek maintenance from her father Section 125 of the Code of Criminal Procedure on the ground that she does not have means to support herself, the Kerala High Court has said. The HC said that an unmarried daughter unable to maintain herself because of physical, mental abnormality or injury is entitled to seek maintenance from her father under Section 125 of the Code of Criminal Procedure. To make this claim, she is liable to produce evidence of the same, the HC added in its order dated January 26, 2023.

“By virtue of Section 125 (1) of CRPC, unmarried daughter, who attained majority, could not claim maintenance in the ordinary circumstance, viz. merely on the ground that she does not have means for her sustenance. At the same time, even though the unmarried daughter, who attained majority, is entitled for maintenance, where such unmarried daughter is by reason of any physical or mental abnormality or injury is unable to maintain herself, or which, pleadings and evidence in this regard are mandatory,” the HC ruled.

 

Share of married daughters in father’s property

What is the share which married daughters can claim in their father’s property? According to the Supreme Court judgment, in her father’s ancestral property, a daughter gets an equal right along with her brothers. However, this does not mean the property will be equally divided between a brother and the sister after the demise of the father. Since inheritance laws also confer property rights on other legal heirs of the deceased, the division of the property will be based on the share of each heir according to the applicable inheritance laws. A married daughter having an equal share in her father’s property simply means that whatever share her brother claims, she will get the same share, too.

Son can’t mortgage property in which daughters have right: HC

A son does not have the right to mortgage a family property on which daughters also have equal rights, the Karnataka High Court (HC) has ruled. While dismissing a second appeal made against the order of a trial court, the HC ordered that the son can’t unilaterally mortgage the property of his father who dies without leaving a will. In the case titled Rukmavathi Sheregar versus K Radha Devendra Sheregar, the high court in its order dated August 17, 2023, said: “The trial court as well as the first appellate court considered the material on record and came to the conclusion that the property belongs to the daughters as well as the son… the son (alone) cannot mortgage the property, excluding others when they are the daughters of the family propositus …there is no testamentary document in favour of the son and son was not having absolute right to mortgage the property… The parties are entitled for share in the property equally.”

 

Property inherited of single women

Inherited property of childless woman dying intestate goes back to source: Supreme Court

Property of women who leave behind no children and die without leaving a will goes back to its source, the SC has ruled.

“If a female Hindu dies intestate without leaving any issue, the property inherited by her from her father or mother would go to the heirs of her father, whereas the property inherited from her husband or father-in-law would go to the heirs of the husband,” the SC observed while delivering its verdict in the S Abdul Nazeer and Krishna Murari, JJ case.

In case of married women who leave behind their husband and children, her properties, including the properties which she inherited from her parents, would devolve upon her husband and her children as provided in Section 15(1)(a) of the Succession Act.

 

Property rights of mother on son’s property

A mother is a legal heir to her deceased son’s property. Therefore, if a man leaves behind his mother, wife and children, all of them have an equal right on his property. Do note that if the mother passes away without creating a will, her share in her son’s property will devolve upon her legal heirs, including her other children.

Under Indian Succession Act, mother not legal heir of man who dies intestate: HC

Under the Indian Succession Act of 1925, the assets of a man who dies without leaving a will are divided between his widow and children, the Madras High Court (HC) has ruled. The mother of the deceased has no right in the properties of her late son, the high court clarified while giving its judgment in a recent case. The mother is entitled to get a share in her late son’s property only in the absence of his surviving wife and children, the two-judge bench of Justice R Subramanian and Justice N Senthilkumar ruled. “As per the rules under Section 33 and 33-A, where a Christian dies intestate leaving behind a widow and lineal descendants, 1/3rd of the property would go to the widow and remaining 2/3rd will go to the lineal descendants,” it said while delivering its verdict on an appeal filed by one Agnes alias Karpaga Devi and her minor daughter.

 

Inheritance of an adopted child

An adopted child is also a Class-I heir and enjoys all the rights that a biological child is entitled to. However, an adopted child cannot stake claim to his adoptive father’s property in case this father was disqualified from succeeding to any property because of a crime that he might have committed. If the father had converted to any other religion and the adopted child is practising the same religion as well, even in this case, the adopted child cannot inherit the ancestral property.

No difference between adopted and biological child: Karnataka High Court

In November 2022, the Karnataka High Court also ruled that an adopted child has the same right as a biological child, and they cannot be discriminated against while being considered for their parents’ job on compassionate grounds. “A son is a son or a daughter is a daughter, adopted or otherwise, if such a distinction is accepted then there would be no purpose served by adoption,”  the Dharwad Bench of the Karnataka High Court said.

Adopted child stops being coparcener of birth family: HC

An adopted child stops being a coparcener of their birth family and consequently gives up any right or interest in the family ancestral property, the Telangana High has ruled. In an order dated June 27, 2023, the high court said that only if a partition took place before the adoption and the property was allotted to the adopted person, they could carry that property to their new family.

“Only if a partition has taken place before the adoption and property is allotted to his share or self acquired, obtained by will, inherited from his natural father or other ancestor or collateral which is not coparcenary property held along with other coparceners and property held by him as sole surviving coparcener, he carries that property with him to the adoptive family with corresponding obligations,” said the full Bench of the HC.

 

Property rights and inheritance of an abandoned first wife

Suppose a Hindu man leaves his wife without a divorce and marries another. In this case, his first marriage has not been annulled by law and the first wife and their children are lawful heirs. If the two are divorced, the first wife cannot stake any claim in the property and all her belongings are solely hers. Even in the case where the husband and wife may have contributed towards the purchase of a property, it is important to have documented proof of percentage of monetary contribution of each in case of a divorce. This is important especially in case you want to file a property eviction suit.

Inheritance of the second wife

A second wife has all the legal rights on her husband’s property, provided her husband’s first wife had already passed away or divorced before the husband remarried. Her children have equal rights on their father’s share as do the children borne of the first marriage. In case the second marriage is not legal, neither the second wife nor her children enjoy the privilege of being legal heirs in the ancestral property of the husband.

See also: All about property rights of the wife and her children in a second marriage

 

Children born from a widow’s 1^st marriage can inherit property from her second husband: HC

Children born out a widow’s first marriage have a right in her property the woman receives from her second husband, the Gujarat High Court held in June 2022. This remains true even if the children were born out of wedlock or through an illicit relation, the high court added.

 

Inheritance of a man on deceased wife’s property

During the wife’s lifetime, the husband has no right over her property. If the wife passes away, her share will devolve upon her husband and children alike. Kolkata-based advocate Devajyoti Barman says, “If the wife gets her share in her lifetime, the husband can inherit the same. If she hasn’t inherited from her parents or ancestors during her lifetime, the husband cannot claim it.” If a man has bought property in the name of his wife with his own finances, he can retain the ownership even after her death.

 

Property rights and inheritance of widows in India

The Hindu Succession Act, 1956, establishes that a deceased person’s property will be distributed among his heirs in Class-I of the schedule, if he dies without leaving a will. If a person dies without leaving a will, his widow takes one share. Class-I heirs of the deceased would be the widow, his son, his daughter, his mother, the son of a predeceased son, the daughter of predeceased son, the widow of the predeceased son, the son of a predeceased daughter, the daughter of predeceased daughter, the son of predeceased son of predeceased son, the daughter of the predeceased son of a predeceased son, the widow of predeceased son of a predeceased son.

Widow not liable to main in-laws under Section 125 of CrPC: Bombay HC

A widow is not liable to provide maintenance to her in-laws under Section 125 of the CrPC (Code of Criminal Procedure). While setting aside a trial court order in the Shobha versus Kishnarao and Kantabai case, the HC also said that even those entitled to receive maintenance under the section have to fulfil the condition that they were not able to maintain themselves. Section 125 of the CrPC, 1973, talks about maintenance of wives, children and parents.

Denying Stridhana to widows akin to domestic violence: Calcutta HC

The Calcutta High Court in December 2022 said that denying rights to stridhana to widows is equivalent to domestic violence against them.

What is Stridhana?

Stridhana includes movable, immovable property, gifts, etc., a woman receives during prior to marriage, at the time of marriage, during childbirth, and widowhood. Section 14 of the Hindu Succession Act, 1956, defines stridhan as a woman’s property made through the following sources:

• By inheritance
• Through will or a settlement
• At a partition
• In lieu of maintenance
• Gifts made to a woman before the nuptial fire
• Gifts made to a woman at the bridal procession
• Gifts made after marriage by a woman’s husband husband’s relations or parent’s relations and gifts from sons and relations
• Made in token of love by father-in-law, mother-in-law
• Gifts made by father, mother and brother
• Gifts given by her friends, etc.
• By personal skill or exertion
• Purchase and prescription with the help of her own funds
• Property received under a decree or award or through adverse possession

Daughter-in-law can’t claim maintenance from father-in-law under CRPC Section 125: HC

A daughter-in-law is not entitled to claim maintenance from her father-in-law under Section 125 of the Code of Criminal Procedure, the Patna High Court has said. “Section 125 of the CrPC deals with an order for maintenance of wife, children and parents. The daughter-in-law cannot claim maintenance under Section 125 of the CRPC but she can claim the same under Section 19 of the Hindu Adoption and Maintenance Act. The provision of Section 125 CrPC in petition under Section 19 of the Hindu Adoption and Maintenance Act, 1956, cannot be applied,” the HC ruled.

 

Inheritance of half-blood children

Half-blood children are born of those where one child is born of the father with another wife/partner and the second child might be born of the wife with another husband/partner. In short, when there is one common parent (happens in case of remarriage or divorce), the child closer to the one whom he/she’s inheriting from will be preferred. Example: A marries B. C is A’s son from A’s first wife. D is B’s son with D’s first husband. If A’s property were to be divided, preference would be given to C.

 

Inheritance of an illegitimate child

The following categories of children are legally known as illegitimate children:

Children born of void marriages.

Children born of annulled/voidable marriages.

Children born of illicit relationships.

Children born through concubines.

Children born of a marriage, not valid for want of proper ceremonies.

Section 16 (3) of the Hindu Marriage Act, 1955 – provisions of which are applicable on applicable to Sikhs, Jains and Buddhists, apart from Hindus – states that illegitimate children are ‘only entitled to the property of their parents and not of any other relation’. However, the SC has explained that such children have the right in their parent’s self-acquired, as well as ancestral properties.

Also read: Property rights of illegitimate children

Inheritance and property rights of live-in couples and their children

In 2015, the SC ruled that couples in a domestic partnership for a long time will be treated as married. While no religion in India accepts live-in relationships as legal, the law provides for some relief. Under the Criminal Procedure Code Section 125, women in live-in relationships are eligible for legal rights and maintenance. Children born of live-in relationships are also entitled to the parents’ self-acquired property as per the Hindu Marriage Act Section 16. Children can also claim maintenance. Do note that as per its ruling, the SC stated that it does not consider “walk-in and walk-out” relationships as live-in relationships. The rules are valid if the partners have cohabited for a long time.

According to a ruling by the Supreme Court in 2008, children born to a live-in couple would have the same right of inheritance as a legal heir. However, children born out of people who have not entered into matrimony are only entitled to the property of their parents and not of any other relation, according to the Hindu Marriage Act, 1955.

In 2011, the Supreme Court , however, held that illegitimate children have the right in their parent’s self-acquired, as well as ancestral properties under the Hindu Marriage Act while giving its verdict in Revansiddappa & Others Versus Mallikarjuna & Others.

“The relationship between the parents may not be sanctioned by law, but the birth of a child in such a relationship has to be viewed independently of the relationship of parents. A child born in such a relationship is innocent and entitled to all the rights, which are given to other children born in valid marriages. This is the crux of Section 16 (3),” a bench of justice GS Singhvi and justice AK Ganguly ruled.

“If they were declared legitimate, then, they cannot be discriminated against and they will be on a par with other legitimate children and be entitled to all the rights in the property of their parents, both, self-acquired and ancestral… We find it interesting to note that the legislature has advisedly used the word ‘property’ and has not qualified it with either self-acquired property or ancestral property. It has been kept broad and general,” it further added.

Rights of an unwed mother and child

There is no clear rule regarding how an unwed couple with child/children would be given their due in case there is a custodial fight between both (unwed) parents. If parents belong to the same religion, then their personal laws are looked into. If they do not belong to the same religion, then the minor child’s opinion is asked and the child is also counselled and scrutinised for any psychological impact.

Note that, as per the Hindu personal law, a mother is the natural guardian of a child till he or she is five years old. Post that, the father becomes the natural guardian. On the death of the father, the mother becomes the guardian.

Also read: What is a Muslim woman’s right to property?

 

Mother has no right to relinquish property rights of minor children: HC

A mother has no right to relinquish the rights of her minor children on their ancestral property without their knowledge and consent, the Telangana High Court has ruled. While giving its verdict in the Smt T Vijaya versus Sri Turkapalli Mallaiah case, the high court said that this legal position has been pronounced by orders of the Supreme Court. In the Vineeta Sharma versus Rakesh Sharma and others case, the Supreme Court has ruled that relinquishment or partition or alienation of a coparcener’s share in a Hindu Undivided Family property can only be done by way of a registered instrument. Any plea of oral partition/relinquishment is untenable and unacceptable, the top court had said.

Read full coverage here.

Women’s co-ownership rights in husband’s ancestral property

In many Indian states, when the menfolk migrate to cities for better work opportunities, they may be temporarily leaving behind their families at home. In a bid to give economic independence to women in Uttarakhand, a state where a lot of men migrate for work, the state government has brought in an ordinance, to give co-ownership rights in the husband’s ancestral property. This move is set to benefit over 35 lakh women in Uttarakhand.

Note that a divorced woman who remarries, will not be able to become a co-owner. However, if a divorced husband is unable to bear her financial expenses, the woman shall be the co-owner. A divorced woman who does not have a child or her husband has been missing/absconding for a period of seven years, shall also become a co-owner of land owned by her father.

Senior citizens have exclusive right to property; son, daughter-in-law are licensees: Calcutta HC

The Calcutta High Court, on July, 23, 2021, upheld the right of a senior citizen to reside in his house and said his son and daughter were ‘at best licensees’ living in the property and hence, liable to eviction. The right of the senior citizen to exclusively reside in his own house, the HC said, must be viewed from the prism of Article 21 of the Constitution of India.

Passing its order in a virtual hearing, the HC said: “It is now well settled that the children and their spouses living in the senior citizen’s house are at best ‘licensees’. Such licence comes to an end once the senior citizens are not comfortable with their children and their families.” The order by the Calcutta HC is quite similar to previous orders passed by the Delhi High Court and the Punjab and Haryana High Court.

See also: All about sale deed and agreement to sale

 

Impact of religious conversion on inheritance

The HSA holds that anybody who has converted to another religion can still inherit property. The law in India doesn’t disqualify a person succeeding to a property because they decided to change their faith. The Caste Disabilities Removal Act states that anybody who has renounced his/her religion can inherit property. However, the heirs of the convert do not enjoy the same rights. If the son or daughter of a convert practices any other religion other than Hinduism, they can be disqualified from inheriting the ancestral property.

 

Inheritance for tribal woman

Amend law denying tribal women equal rights to family property: SC to govt

The Supreme Court on December 9, 2022, asked the government to re-examine provisions in the Hindu Succession Act which deny tribal women the right of succession to their father’s property.

Recall here that Section 2(2), of the Hindu Succession Act ─ which guarantees equal shares for man and woman in their ancestral property ─ is not applicable to members of the Scheduled Tribes (ST).

According to Section 2(2) of the Hindu Succession Act, the statute which guarantees equal shares for male and female heirs is not applicable to members of Scheduled Tribe communities

“When a daughter belonging to a non-tribal is entitled to the equal share in the property of the father, there is no reason to deny such right to the daughter of a tribal community. Female tribal is entitled to parity with male tribal in intestate succession,” the SC said.

 

Latest court orders

 

Self-acquired property in common hotchpot is joint family property: HC

If a member of a Hindu Undivided Family (HUF)puts their self-acquired property into the common pot, giving up their individual claim, it becomes a joint property, the Karnataka High Court (HC) has ruled.

While dismissing an appeal by one T Narayana Reddy and another, Justice Krishna S Dixit and Justice G Basavaraja, said: “Law relating to blending of separate property with those of joint family is well settled. Such an intention can be inferred by the words and if there are no words, then from his conduct.”

Stating that there is a lot of literature in Hindu law which recognises the doctrine of blending of individual’s property into joint family’s’ so that it becomes the family property for ensuring to the benefit of all its members, the high court also qouoted Mayne’s Treatise on Hindu Law & Usage. According to Mayne, a property which was originally self-acquired may become joint family property if it has been voluntarily thrown by the owner into the joint stock, with the intention of abandoning all separate claims upon it.

“The subject properties having been put into a common hotchpot eventually resulting into joint family property, the assertion of the appellants that they do not have trappings of ancestral property pales into insignificance,” the HC said in its order.

Succession laws will override Companies Act: Supreme Court

Succession laws in India will override the Companies Act in deciding a person’s right on property in cases where the deceased has left a nominee, the Supreme Court (SC) has ruled.

“It is beyond the scope of the company’s affairs to facilitate succession planning of the shareholder. In case of a will, it is upon the administrator or executor under the Indian Succession Act, 1925, or in case of intestate succession, the laws of succession to determine the line of succession,” the apex court said while dismissing an appeal filed by one Shakti Yezdani and certain family members of the late Jayant Shivram Salgaonkar.

A careful perusal of the provisions within the Companies Act, the top court said, makes it clear that it did not deal with the law of succession. Therefore, a departure from this settled position of law was not at all warranted, it added.

Mother has no right to relinquish property rights of minor children: High Court 

A mother has no right to relinquish the rights of her minor children on their ancestral property without their knowledge and consent, the Telangana High Court has ruled. While giving its verdict in the Smt T Vijaya versus Sri Turkapalli Mallaiah case, the high court said that this legal position has been pronounced by orders of the Supreme Court.

Wife fee to sell her property without husband’s permission: Calcutta HC

A wife selling property registered in her name without the consent of her husband does not amount to cruelty, the Calcutta High Court (HC) has ruled. While dismissing an appeal by the husband in the MS versus JNS case, a Division Bench of Justice Harish Tandon and Justice Prasenjit Biswas also emphasised that a wife was not her husband’s property and did not require his approval for everything that she did. “If the wife decided to sell the property standing in her name without seeking approval or permission from the husband-respondent, it shall not constitute the cruelty,” the high court said while hearing an appeal against a trial court order which had granted divorce to the husband on the basis of cruelty and desertion.

 

Adopted son has no stakes in biological family property: HC

An adopted son becomes a coparcener in the adopter’s family and loses the right of succession in his biological family properties, the Kalaburagi Bench of the Karnataka High Court has said.

“This Court in the case of M Krishna versus M Ramachandra and Another has also reiterated the view that if the adoptee was the member of the joint family at the time of adoption, his rights in the joint family property extinguish unless, he possessed those properties by way of partition. It was observed that on adoption the adoptee gets transplanted in a family in which he is adopted with the same rights as that of a natural born son and as such, transfer of the adopted child severs all his right with the family from which he was taken in adoption. It was categorically held that, he loses right of succession in the genitive family properties,” the HC said in its order dated July 14, 2023.

First wife can seek declaration of husband’s second marriage as void: HC

August 3, 203: A first wife’s application under Section 11 of The Hindu Success Act, 1955, seeking declaration of her husband’s second marriage as void is maintainable, the Allahabad High Court has ruled. While allowing the first wife to pursue legal recourse to nullify the second marriage on the grounds of its illegality, the HC dismissed an appeal by the second wife. “If the first wife is deprived of seeking a remedy under Section 11 of the Hindu Marriage Act, it would defeat the very purpose and intent of the Act. The protection offered to legally wedded wives under sections 5, 11, and 12 of the Hindu Marriage Act would become insignificant in such a scenario,” the two-judge Bench of Justices Saumitra Dayal Singh and Vinod Diwakar said.

Read full coverage here.

Homemaker wife has equal share in husband’s self-acquired property: HC

 June 25, 2023: Homemaker wives have an equal share in a property purchased by their husbands since they contribute to the acquisition by taking care of the family, the Madras High Court (HC) has ruled. The observation by the high court was made while giving its verdict in the Kannaian Naidu and others versus Kamsala Ammal and others case.

“No law prevents the judges from recognising the contributions made by a wife facilitating her husband to purchase the property. In my view, if the acquisition of assets is made by joint contribution (directly or indirectly) of both the spouses for the welfare of the family, certainly, both are entitled to equal share,” the HC said in the order dated June 21, 2023.

Read full coverage here.

 

FAQs

Is right to property a legal right?

Owning a property is no longer a fundamental right because of an amendment to the Constitution Act 1978. However, it is very much a legal, human and constitutional right.

Can daughter claim father's property after marriage?

Yes, as per law, a married daughter has every right to claim a share in her father’s property. She has as much right as her brother or unmarried sister.

What does the right to property include?

All Indians have the right to own property. They also have rights to acquire, manage, administrate, enjoy and dispose of their property. Unless any of this is in conflict with the law of the land, the person cannot be held guilty.

Does son have right on father's property?

Yes, a son is a Class I heir and has right on the father’s property.

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