Topic
Karnataka High Court mandates trial courts to reconsider compromise petitions in succession disputes if parties produce death and heirship certificates, even if initially absent. The ruling prevents rejection of compromises solely for omitting ancestral properties, reinforcing procedural fairness in inheritance rights.
Bombay High Court holds that a second wife in a void marriage under Hindu Marriage Act, 1955 cannot claim heirship or pension benefits, but children remain legitimate heirs.
Bombay High Court rules that a nominee under the Maharashtra Co-operative Societies Act holds only provisional membership, which is subordinate to a registered gift deed establishing legal title. The judgment clarifies that nomination does not confer ownership, impacting property disputes involving co-operative society flats and inheritance claims.
Madras High Court reaffirms that post-1956 Hindu adoptions under the Hindu Adoptions and Maintenance Act require strict compliance with statutory formalities-proof of the wife’s consent and a valid giving-taking ceremony. Mere social recognition or documentary treatment as a son is insufficient to establish legal heirship, impacting inheritance and property disputes.
Bombay High Court holds that probate may be revoked under Section 263 of the Indian Succession Act if a Class II legal heir was not cited, even without proof of fraud.