#intestate succession

The Andhra Pradesh High Court ruled that a second wife is entitled to an equal share of family pension if she provided long-term care to the deceased, despite not being the nominee. The judgment clarifies that pension rights under the Family Pension Rules override nomination disputes, ensuring equitable distribution among legal heirs under the Hindu Succession Act.

The Bombay High Court has affirmed that plaintiffs may amend their pleadings to challenge a will produced for the first time after the suit is filed, provided there is no prejudice to the defendant and no evidence of mala fide. This reinforces the liberal spirit of CPC Order VI Rule 17 and empowers heirs to contest hidden testamentary instruments even late in litigation, significantly impacting probate and succession disputes.

The Karnataka High Court ruled that daughters are entitled to an equal share in their father’s self-acquired property under Section 8 of the Hindu Succession Act, 1956, regardless of their marriage date or the 2005 amendment. This decision overturns the trial court’s erroneous application of notional partition and reinforces gender equality in intestate succession.