Hindu Succession Act

  • Coparcenary under Mitakshara School of Hindu Law

    According to the Mitakshara School of Hindu Law all the property of a Hindu joint family is held in collective ownership by all the coparceners in a quasi-corporate capacity. The textual authority of the Mitakshara lays down in express terms that the joint family property is held in trust for the joint family members then…

  • Second Preliminary Decree in Partition Suit – Supreme Court

    We are of opinion that there is nothing in the Code of Civil Procedure which prohibits the passing of more than one preliminary decree if circumstances justify the same and that it may be necessary to do so particularly in partition suits when after the preliminary decree some parties die and shares of other parties…

  • Preliminary Decree does not bring about Final Partition

    “………A partition of the joint Hindu family can be effected by various modes, viz., by a family settlement, by a registered instrument of partition, by oral arrangement by the parties, or by a decree of the court. When a suit for partition is filed in a court, a preliminary decree is passed determining shares…

  • Statement of Objects and Reasons – Hindu Succession (Amendment) Act 2005

    STATEMENT OF OBJECTS AND REASONS The Hindu Succession Act, 1956 has amended and codified the law relatiang to intestate succession among Hindus. The Act brought about changes in the law of succession among Hindus and gave rights which were till then unknown in relation to women’s property. However, it does not interfere with the special…

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