Topic
Coparcenary rights under the Hindu Succession Act, 1956, grant daughters equal ancestral property rights by birth, with retrospective effect from 2005, even if the father died before the amendment.
Bombay High Court rules that children born from a void marriage under Hindu law retain coparcenary rights in ancestral property, overriding prior collusive decrees. The judgment reinforces that admissions in earlier suits cannot estop legitimate heirs from claiming their share, ensuring equitable property distribution.
Madras High Court rules that daughters are entitled to equal coparcenary shares in ancestral property under the 2005 Amendment, even in partition suits pending before the amendment. However, testamentary dispositions made before 20.12.2004 remain valid, overriding statutory changes. The final decree must reflect these legal nuances.
Karnataka High Court rules that the limitation period for a partition suit under Article 127 of the Limitation Act commences only when a coparcener's right is clearly denied, not upon the ancestor's death or prior litigation. The court emphasized the need for evidence-based adjudication, distinguishing it from Article 113, and reinforcing the protection of coparcenary rights in joint family property disputes.
Bombay High Court's Nagpur Bench rules that daughters are coparceners by birth under the amended Hindu Succession Act, 2005, regardless of whether their father died before the amendment's effective date. The judgment overturns the prior 'notional partition' approach, ensuring gender-equal inheritance rights in ancestral property for all daughters, irrespective of the father's date of death.
Chhattisgarh High Court reaffirms that daughters' coparcenary rights under the 2005 amendment to Section 6 of the Hindu Succession Act are absolute and cannot be extinguished by informal partitions or revenue mutations without explicit, documented relinquishment. The ruling reinforces equal inheritance rights for daughters, invalidating undocumented family settlements that seek to bypass statutory protections.
Karnataka High Court rules that a daughter's coparcenary rights under the 2005 amendment to the Hindu Succession Act are birthrights, overriding any testamentary disposition by the father, even if the will was executed before the amendment. This decision reinforces that ancestral property rights of daughters cannot be extinguished by prior wills, ensuring equal inheritance rights.
Kerala High Court clarifies that the 2005 amendment to Section 6 of the Hindu Succession Act does not invalidate testamentary dispositions made before 20 December 2004.