#Succession Rights

The Karnataka High Court has ruled that a legal successor to a landowner under BDA acquisition is entitled to 40% developed land as mandated by Government Order 18.03.2011, and that prolonged administrative delay in implementing this benefit violates the constitutional right to fair compensation under Article 21. This sets a binding precedent for all successors in BDA-led projects across Bengaluru, compelling timely implementation of statutory land allotment rights.

Karnataka High Court holds that a bigamous marriage under Section 5(1) of the Hindu Marriage Act is void from inception, stripping the husband of succession rights under Section 15 of the Hindu Succession Act. The ruling reinforces that void marriages confer no legal entitlement to inheritance, impacting property disputes involving bigamous unions.

Calcutta High Court rules that a testamentary bequest under a lease deed amounts to an 'assignment' under Clause 10, mandating prior written consent from the lessor. However, mutation via heir nomination remains valid if the lessor has historically accepted such nominations, as seen in Visva Bharati’s 1995 precedent.

The Himachal Pradesh High Court has ruled that land lawfully allotted under the Natour Rules, 1968 cannot be treated as encroached property merely because possession continues without a renewed grant. This protects heirs and successors of original allottees from arbitrary eviction, reinforcing the permanence of state-sanctioned land rights under this scheme.

The Karnataka High Court ruled that illegitimate children are entitled to a 1/6th share each in their father's half of joint family property, while an adoptive mother is entitled to a 1/7th share of her son's portion. This decision clarifies the inheritance rights under the Hindu Succession Act, impacting succession disputes in joint family properties.

Karnataka High Court rules that an oral partition among coparceners, later documented, is legally valid under the Hindu Succession Act. The court modified the trial court decree to grant 1/6th shares to legal heirs, emphasizing that substance prevails over form in family property disputes, offering clarity for coparceners relying on unwritten agreements.

Madras High Court directs revenue authorities to issue a legal heirs certificate inclusive of all rightful heirs, rectifying fraudulent exclusion by a co-heir. The ruling reinforces the duty of authorities to prevent misrepresentation in succession documents, ensuring fair property distribution among all legal heirs.

Allahabad High Court holds that a widow's claim to land succession is void if she remarries before the landholder's death, invalidating her claim under U.P. Consolidation Act, 1953.