#inheritance law

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.

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.

Gauhati HC ruled that probate courts cannot adjudicate title disputes and must issue mandatory notice to all interested parties, including remote heirs, before granting probate. The court set aside a probate granted without notice to appellants, remanding the matter for fresh hearing under principles of natural justice. This ruling reinforces procedural safeguards in succession disputes under the Indian Succession Act.

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.