SUPREME COURT'S BIG DECISION ON SUCCESSION, FEMALE SIDE ALSO PART OF FAMILY
- Feb 27, 2021
- 3 min read
He Supreme Court Has Given An Important Ruling In The Property Succession Case Of A Hindu Woman. The Court Has Said That The Heirs Of The Maiden Side Of The Hindu Marriage Cannot Be Called Outsiders. They Will Be Considered As The Family Of The Woman.
Mala Dixit, New Delhi. The Supreme Court has given an important ruling in the property succession case of a Hindu woman. The court has said that the heirs of the maiden side of the Hindu marriage cannot be called outsiders. They will be considered as the family of the woman. The court said that section 15 (1) (d) of the Hindu Succession Act included the heirs of the woman's father among the heirs of the woman's property. Along with this, the court dismissed the petition of the woman's brother-in-law's children, challenging the woman's giving property to her brother's children.
Section 15 (1) (d) of Hindu Succession Act entitles such people to property
In the petition, the court sought to quash the decree of giving property to people outside the family in the family settlement. This important decision was delivered by a bench of Justice Ashok Bhushan and Justice R. Subhash Reddy on 22 February, upholding the decisions of the High Court and the lower court. The court dismissed the appeal filed by the woman's brother-in-law's children in the Haryana case. This case is related to Garhi village of Bajidpur tehsil of Gurgaon. According to the case, Badli had agricultural land in Garhi village. Badlu had two sons, Bali Ram and Sher Singh. Sher Singh died in 1953 and had no children. After Sher Singh died, his widow Jagno inherited half the agricultural land on her husband's share. Jagno gave his share of land in the family settlement to his brother's sons. Jagno's brother's sons filed a suit in the court of claim on land received from Bua in the family settlement.
In that case, the Jagans filed a written statement supporting the trial of the brother's sons and the court passed a decree in favor of the brother's sons on August 19, 1991, after the statement of support. After this, the children of Jagan's brother-in-law Bali Ram In a family settlement filed in court, Jagan opposed giving the family land to his brother's sons. The children of the brother-in-law sought to quash the order of 19 August 1991 from the court, arguing that the family land could not be given to outsiders in the family settlement.
If Jagans have given land to brother's sons then it should have been registered as Jagan's brother's sons would not be considered members of Jagan's family. Dewar's children Khushi Ram and others reached the Supreme Court after the trial was dismissed from the lower court to the High Court. Referring to various earlier rulings, the Supreme Court said that the court had considered all aspects in the earlier rulings. The court said that the family should not be viewed from a limited perspective but should be taken in a comprehensive manner. Not only close relatives or successors come in the family, but also people who have little ownership or who can claim little right.
Court upheld decision to give agricultural land to brother's children
The court said that in this case, section 15 of the Hindu Succession Act 1956 should be looked into which describes the heirs of a Hindu woman. This section 15 (1) (d) also includes the heirs of the woman's father. Those people can also inherit. The court said that when the heirs of the father have been included among those who can get succession, then they cannot be called outsiders.
Comentarios