#inheritance

The Supreme Court reversed the High Court, ruling that land registered in the names of a deceased husband’s wives is their separate property, not part of his estate. Consequently, a sale deed executed without the wives’ consent is void, limiting heirs’ claims under the Indian Succession Act. This clarifies ownership rights for widows in succession disputes.

The Punjab & Haryana High Court ruled that a registered Will excluding a legal heir is valid unless suspicious circumstances are proven. Ancestral property status requires proof of three-generation inheritance, and familial attestation alone does not invalidate the Will. The Court clarified that exclusion without explanation is not suspicious if justified by prior conduct, setting a precedent for testamentary disputes.

The Punjab & Haryana High Court ruled that a claim of adverse possession cannot coexist with a claim of inheritance, as one negates the other’s legal foundation. Importantly, inheritance suits are not subject to limitation under the Limitation Act, and declaratory suits seeking recognition of title to agricultural land remain maintainable even without a prayer for possession, empowering heirs to secure legal recognition without immediate physical recovery.

The Punjab & Haryana High Court ruled that inheritance confers immediate ownership rights, and a suit for possession is not barred by limitation unless ouster is proven. The court emphasized that co-owners retain their rights unless active exclusion is established, reinforcing the burden of proof on adverse possession claimants.

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.

Kerala High Court holds that under Hindu Succession Act, a husband is sole legal heir of wife dying issue-less, overriding claims to streedhana property.