#hindu law

The Chhattisgarh High Court affirmed that a partition effected in 1970 and the self-acquired nature of Schedule C property barred a subsequent partition suit, reinforcing that partition cannot be presumed and self-acquired assets remain outside the joint family estate.

The Himachal Pradesh High Court held that coparcenary property devolves by survivorship when surviving coparceners exist, rejecting succession under Mulla's Para 43. The court also affirmed that a compromise decree entered with a guardian's consent binds minor coparceners.

Kerala High Court rules that an oral partition, though unregistered, is legally valid if proved by subsequent conduct of parties. The court rejected the plaintiff's claim for an equal share, instead awarding only an 11/46 share, emphasizing the need for clear evidence of partition implementation.

Bombay High Court rules that tenancy authorities under the Maharashtra Tenancy Act cannot adjudicate disputes involving joint family property, reinforcing civil courts' exclusive jurisdiction. The judgment clarifies that Section 32G orders do not override the civil court's authority in partition suits or ownership disputes under Hindu Law.

Karnataka High Court ruled that a settlement deed executed by a natural guardian transferring a minor's share in joint family property is valid if supported by non-monetary consideration, even without prior court approval. The judgment underscores that unchallenged deeds for over 28 years are binding under limitation law, offering legal certainty to long-standing property arrangements under Hindu succession principles.

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.

Madras High Court rules that void settlement deeds over joint family property under Mitakshara law cannot defeat title acquired through adverse possession after 32 years of open, continuous, and hostile possession. The judgment reinforces that adverse possession, once perfected, extinguishes all prior claims, including those based on invalid documents.

Madhya Pradesh High Court holds that property inherited under Section 8 HSA 1956 becomes self-acquired; partition before 2005 is valid and not subject to 2005 amendment's coparcenary rights.

Supreme Court clarifies burden of proof in joint Hindu family property disputes, holding that ancestral income-yielding properties shift burden to claimant of self-acquisition.

Punjab and Haryana High Court holds that valid execution of a Will under Section 63 of Indian Succession Act requires proof that attesting witnesses saw the testator sign in their presence.