Hindu Succession Act: India - Revision history

Jyoti: /* 2022: SC extends women’s right to father’s property to before ’56 */

2022-03-02T19:07:30Z

‎2022: SC extends women’s right to father’s property to before ’56

Jyoti: /* Conversion of heir to another religion */

2022-02-08T14:30:10Z

‎Conversion of heir to another religion

Jyoti: /* SC verdict 2020: equal rights for daughters */

2022-01-24T09:19:12Z

‎SC verdict 2020: equal rights for daughters

Jyoti: /* Daughters’ rights */

2020-09-20T18:25:46Z

‎Daughters’ rights

Jyoti: /* Daughters’ rights */

2020-09-20T18:23:38Z

‎Daughters’ rights

Jyoti: /* Daughter’s’ rights */

2018-02-04T15:21:42Z

‎Daughter’s’ rights

Jyoti: /* Daughter (married) vs. son, wife */

2018-02-04T15:20:47Z

‎Daughter (married) vs. son, wife

Jyoti: /* Section 15 */

2017-10-01T02:46:17Z

‎Section 15

Pdewan: /* Wife’s brother not legal heir to her husband: SC */

2017-09-30T21:58:09Z

‎Wife’s brother not legal heir to her husband: SC

Pdewan: /* Karta */

2017-09-30T21:57:40Z

‎Karta

@@ Line 170: / Line 170: @@
 The SC had in August 2020 ruled that daughters will have inheritance rights equal to those of sons in the properties of fathers, grandfathers and great-grandfathers right from the codification of the Hindu laws in1956.
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 HINDU SUCCESSION ACT: INDIA]]
-[[Category:Law,Constitution,Judiciary|S HINDU SUCCESSION ACT: INDIAHINDU SUCCESSION ACT: INDIA
+[[Category:Law,Constitution,Judiciary|S HINDU SUCCESSION ACT: INDIAHINDU SUCCESSION ACT: INDIAHINDU SUCCESSION ACT: INDIA
 HINDU SUCCESSION ACT: INDIA]]
-[[Category:Religion|S HINDU SUCCESSION ACT: INDIAHINDU SUCCESSION ACT: INDIA
+[[Category:Religion|S HINDU SUCCESSION ACT: INDIAHINDU SUCCESSION ACT: INDIAHINDU SUCCESSION ACT: INDIA
 HINDU SUCCESSION ACT: INDIA]]

← Older revision		Revision as of 14:30, 8 February 2022
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	Interestingly , deputy collector held that the Muslim woman was entitled to inherit the property . The district collector and the state revenue secretary , however, overturned the decision and said that as Nasimbanu voluntarily embraced Islam, the provisions of the inheritance laws for Hindus cannot be enforced in her case.After hearing the case, Justice Pardiwala elaborated on how provisions existing in pre-existing Hindu Shastric laws for disqualification of Hindu women for succession or maintenance were pushed aside by the modern inheritance law in Independent India.		Interestingly , deputy collector held that the Muslim woman was entitled to inherit the property . The district collector and the state revenue secretary , however, overturned the decision and said that as Nasimbanu voluntarily embraced Islam, the provisions of the inheritance laws for Hindus cannot be enforced in her case.After hearing the case, Justice Pardiwala elaborated on how provisions existing in pre-existing Hindu Shastric laws for disqualification of Hindu women for succession or maintenance were pushed aside by the modern inheritance law in Independent India.
		+
		+	=Court rulings=
		+	== Issueless widow’s properties mostly vest not with her husband’s parents or relatives==
		+	[https://timesofindia.indiatimes.com/india/childless-hindu-widows-death-leads-to-flawed-property-succession-supreme-court/articleshow/88132887.cms Dhananjay Mahapatra, Dec 7, 2021: ''The Times of India'']
		+
		+	Over the last decade, India's digital ecosystem has experienced a massive transformation. This has mainly been driven by technological innovation that has put the country in the fast lane by solving affordability, access, and digital inclusion problems. To further strengthen the idea of a digitally connected India, Bharti Airtel, a leading telecom provider in India, is now joining hands with Google to flag off a historic partnership. This long-term, multi-year agreement will see the two stalwarts come together to accelerate the growth of India's digital ecosystem. The partnership is set to expand India's digital ecosystem by boosting network capabilities, ensuring last-mile network distribution and payments ecosystem, and making technology truly equitable.
		+
		+	''' Airtel to receive a whopping $1Billion from Google '''
		+
		+	Google will invest up to $1Billion in Bharti Airtel as part of its Google for India Digitization Fund. The partnership comprises a $700 million (Rs. 5,224.4 crores) equity investment in Bharti Airtel at a price per share of Rs. 734. Another $300 million will be used over the next five years on multiple commercial agreements, which will include Airtel's plans to make smartphones more affordable to empower almost 350 million feature phone users in India. The partnership aims to achieve this through innovative affordability programs that will accelerate digital inclusion across India.
		+
		+	The association fulfils Google's vision to increase its footprint and pull more people to use the internet, which India, with a population of about 1.3 billion, readily offers. Experts state that this will allow telcos, like Airtel, to drive up 4G data usage and revenue, especially at this crucial point where it is gearing for 5G auctions by mid-2022 and subsequent 5G network rollouts.
		+
		+	''' Gearing India up to become digitally savvy '''
		+
		+	The partnership is a landmark moment in India's digital future as the two giants join hands to potentially co-create India-specific 5G network use cases with cutting-edge implementations. This will allow for faster deployment of 5G networks and services in the country, which will benefit not just consumers but the two companies as well. The partnership also opens up the scope for the two tech giants to rejig the cloud ecosystem in India. Airtel serves over one million small and medium businesses with its enterprise connectivity offering, and this partnership will help accelerate digital adoption.
		+
		+	Talking about the partnership, Sunil Bharti Mittal, chairman of Bharti Airtel, said, "Airtel and Google share the vision to grow India's digital dividend through innovative products. With our future-ready network, digital platforms, last-mile distribution and payments ecosystem, we look forward to working closely with Google to increase the depth and breadth of India's digital ecosystem."
		+
		+	Speaking about the deal, Sundar Pichai, CEO of Google and Alphabet, added, "Airtel is a leading pioneer shaping India's digital future, and we are proud to partner on a shared vision for expanding connectivity and ensuring equitable access to the Internet for more Indians."
		+
		+	''' Partnership to benefit individuals and businesses '''
		+
		+	This strategic partnership is set to bolster India's digital strength by letting both Airtel and Google work alongside various device manufacturers to bring down the barriers to owning a smartphone across different price points. Currently, a massive segment of India's 1.3 billion population accesses the internet through feature phones. Affordability and lack of adequate use cases have been primary reasons why telcos and device makers have struggled to upgrade them to smartphone users. The recent 20-25% price hike in prepaid tariffs by operators has further slowed down the conversion. Google's commercial and equity investment in Airtel will go a long way in making smartphones more affordable to more people.
		+
		+	The partnership will also empower businesses to progress on their digital transformation journeys and build a solid digital ecosystem for consumers. By building an open technology ecosystem, the two giants will extend innovative digital services to customers and businesses. As a part of its first commercial agreement, Airtel and Google will work together to build on Airtel's extensive offerings that cover a range of Android-enabled devices to consumers via innovative affordability programs.
		+
		+	''' Airtel's significant efforts in 5G adoption '''
		+
		+	Over the last five years, Airtel almost single-handedly changed the 5G roadmap in India. After becoming the first telco in the country to test the technology way back in 2018, Airtel conducted several path-breaking experiments in the 5G space in 2021. In an industry first, it conducted a cloud gaming demonstration on live Airtel 5G, in which popular Indian gamers Mortal and Mamba participated. The company also joined hands with Tata Consultancy Services and successfully tested innovative use cases from TCS' Neural Manufacturing™ solutions suite on Airtel's ultra-fast and low latency 5G network.
		+
		+	Airtel has also conducted live 5G tests across cities, like Hyderabad and Kolkata, and has collaborated with several tech companies like Intel, Qualcomm, etc., on the 5G front. This association with Google is set to strengthen Airtel's position as a telecom stalwart in the country and help further its efforts towards 5G adoption.
		+
		+	Disclaimer: This article has been written on behalf of Airtel by Times Internet's Spotlight team.
		+
		+	[[Category:India\|S HINDU SUCCESSION ACT: INDIAHINDU SUCCESSION ACT: INDIAHINDU SUCCESSION ACT: INDIA
		+	HINDU SUCCESSION ACT: INDIA]]
		+	[[Category:Law,Constitution,Judiciary\|S HINDU SUCCESSION ACT: INDIAHINDU SUCCESSION ACT: INDIAHINDU SUCCESSION ACT: INDIA
		+	HINDU SUCCESSION ACT: INDIA]]
		+	[[Category:Religion\|S HINDU SUCCESSION ACT: INDIAHINDU SUCCESSION ACT: INDIAHINDU SUCCESSION ACT: INDIA
		+	HINDU SUCCESSION ACT: INDIA]]

	=Daughter (married) vs. son, wife=		=Daughter (married) vs. son, wife=

@@ Line 119: / Line 119: @@
 “As the right is by birth and not by dint of inheritance, it is irrelevant that a coparcener, whose daughter is conferred with the rights, is alive or not,” the bench further stated.
-[[Category:India|S
+==2022: SC extends women’s right to father’s property to before ’56==
-HINDU SUCCESSION ACT: INDIA]]
+[https://epaper.timesgroup.com/article-share?article=21_01_2022_025_012_cap_TOI  Dhananjay Mahapatra, January 21, 2022: ''The Times of India'']
-[[Category:Law,Constitution,Judiciary|S
-HINDU SUCCESSION ACT: INDIA]]
-[[Category:Religion|S
+New Delhi: The Supreme Court conferred daughters with equal right to father’s property even prior to codification of Hindu personal laws and enactment of the Hindu Succession Act in 1956 and said that the law of inheritance would apply to partition of properties even if the father had died intestate before 1956.
-HINDU SUCCESSION ACT: INDIA]]
-[[Category:India|S HINDU SUCCESSION ACT: INDIA
+[[Category:India|S HINDU SUCCESSION ACT: INDIAHINDU SUCCESSION ACT: INDIA
 HINDU SUCCESSION ACT: INDIA]]
-[[Category:Law,Constitution,Judiciary|S HINDU SUCCESSION ACT: INDIA
+[[Category:Law,Constitution,Judiciary|S HINDU SUCCESSION ACT: INDIAHINDU SUCCESSION ACT: INDIA
 HINDU SUCCESSION ACT: INDIA]]
-[[Category:Religion|S HINDU SUCCESSION ACT: INDIA
+[[Category:Religion|S HINDU SUCCESSION ACT: INDIAHINDU SUCCESSION ACT: INDIA
 HINDU SUCCESSION ACT: INDIA]]

@@ Line 94: / Line 94: @@
 “...This amendment now confers upon the daughter of the coparcener as well the status of coparcener in her own right in the same manner as the son and gives same rights and liabilities in the coparcener properties...,” the bench said.
-===SC verdict 2020: equal rights for daughters===
+==SC verdict 2020: equal rights for daughters==
 [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2020%2F08%2F12&entity=Ar00123&sk=034F19A1&mode=text  Dhananjay Mahapatra, August 12, 2020: ''The Times of India'']
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 HINDU SUCCESSION ACT: INDIA]]

← Older revision		Revision as of 18:23, 20 September 2020
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	“...This amendment now confers upon the daughter of the coparcener as well the status of coparcener in her own right in the same manner as the son and gives same rights and liabilities in the coparcener properties...,” the bench said.		“...This amendment now confers upon the daughter of the coparcener as well the status of coparcener in her own right in the same manner as the son and gives same rights and liabilities in the coparcener properties...,” the bench said.
		+
		+	===SC verdict 2020: equal rights for daughters===
		+	[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2020%2F08%2F12&entity=Ar00123&sk=034F19A1&mode=text Dhananjay Mahapatra, August 12, 2020: ''The Times of India'']
		+
		+	[[File: The SC verdict of 2020 giving equal rights to daughters under the Hindu Succession Act.jpg\|The SC verdict of 2020 giving equal rights to daughters under the Hindu Succession Act <br/> From: [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2020%2F08%2F12&entity=Ar00123&sk=034F19A1&mode=text Dhananjay Mahapatra, August 12, 2020: ''The Times of India'']\|frame\|500px]]
		+
		+	Putting the last nail on male primacy in division of Hindu ancestral property, the Supreme Court in a landmark judgment cleared the legal cobwebs to declare daughters will have inheritance rights equal to those of sons from properties of fathers, grandfathers and great-grandfathers right from the codification of the law in 1956.
		+
		+	A bench of Justices Arun Mishra, S Abdul Nazeer and M R Shah ironed out the confusion arising from the apex court’s conflicting interpretations of the amended Section 6 of Hindu Succession Act (HSA), which came into force from September 9, 2005.
		+
		+	The bench said that irrespective of whether the father was alive or not, daughters born before September 9, 2005, too, could claim equal right in inheritance.
		+
		+	However, daughters, while claiming coparcenary rights, won’t be able to question disposal or alienation of ancestral properties by the existing coparceners prior to December 20, 2004, as provided in the amended Section 6.
		+
		+	''' A daughter is a daughter all her life: SC '''
		+
		+	The provisions contained in substituted Section 6 of the Hindu Succession Act, 1956, confer status of coparcener (equal rights in inheritance) on the daughter born before or after amendment in the same manner as son with same rights and liabilities. The rights can be claimed by the daughter born earlier with effect from September 9, 2005,” Justice Mishra said in the 121-page judgment.
		+
		+	The court asked other coparceners in a Hindu joint family not to be alarmed by the judgment. “It is only a case of enlargement of the rights of daughters. The rights of other relatives remain unaffected as prevailed in the proviso to Section 6 as it stood before the amendment,” the Supreme Court said.
		+
		+	The three-judge bench also examined the retrospective application of Section 6 and ruled that daughters would get the rights from 1956 when the law came into being. However, it clarified that the newly-conferred rights through judicial interpretations would not be available to reopen alienation of ancestral property done so earlier through existing coparceners.
		+
		+	Coparcenary property is one which is inherited by a Hindu from his/her father, grandfather or great-grandfather. Analysing the Mitakshara system applicable in various forms to property owned by Hindu families, Justice Mishra quoted a common saying noted in a 1996 judgment of the SC to sum up the bench’s view towards daughters, “A son is a son until he gets a wife. A daughter is a daughter throughout her life.” The Centre, through solicitor general Tushar Mehta, had unequivocally conveyed that coparcenary was a birthright of daughters. Justice Mishra elaborated on it and said if daughters had a birthright, it would be incongruous to constrain it with the condition that to enjoy that right, her father must be alive.
		+
		+	“As the right is by birth and not by dint of inheritance, it is irrelevant that a coparcener, whose daughter is conferred with the rights, is alive or not,” the bench further stated.
		+
		+	[[Category:India\|S
		+	HINDU SUCCESSION ACT: INDIA]]
		+	[[Category:Law,Constitution,Judiciary\|S
		+	HINDU SUCCESSION ACT: INDIA]]
		+	[[Category:Religion\|S
		+	HINDU SUCCESSION ACT: INDIA]]

	=Karta=		=Karta=

@@ Line 73: / Line 73: @@
 Holding that the cooperative society had no option but to register Indrani as the owner of the flat, the SC bench said it would be open to Sengupta's son to pursue his case of succession or inheritance in other forum.
-=Daughter’s’ rights=
+=Daughters’ rights=
 ==Women born before 2005 have right to ancestral assets==
 [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F03&entity=Ar01302&sk=DB42B601&mode=text  AmitAnand Choudhary, Women born before 2005 too have right to ancestral assets, February 3, 2018: ''The Times of India'']

← Older revision		Revision as of 15:20, 4 February 2018
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	Holding that the cooperative society had no option but to register Indrani as the owner of the flat, the SC bench said it would be open to Sengupta's son to pursue his case of succession or inheritance in other forum.		Holding that the cooperative society had no option but to register Indrani as the owner of the flat, the SC bench said it would be open to Sengupta's son to pursue his case of succession or inheritance in other forum.
		+
		+	=Daughter’s’ rights=
		+	==Women born before 2005 have right to ancestral assets==
		+	[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F02%2F03&entity=Ar01302&sk=DB42B601&mode=text AmitAnand Choudhary, Women born before 2005 too have right to ancestral assets, February 3, 2018: ''The Times of India'']
		+
		+
		+	'''Have Same Rights As Men Since Birth: SC'''
		+
		+	Daughters got equal rights to ancestral property when the Centre amended the Hindu Succession Act in 2005, and the Supreme Court made it clear on Friday that the law applied to all women, including those born before the year.
		+
		+	A bench of Justices A K Sikri and Ashok Bhushan said the amended law stipulated that a daughter would be a “coparcener” (one who shares equally in inheritance of an undivided property) since birth, and have the same rights and liabilities as a son. It said her share in ancestral property could not be denied on the ground that she was born before the law was passed, and the law was applicable in all property disputes filed before 2005 and pending when the law was framed.
		+
		+	“The law relating to a joint Hindu family governed by the Mitakshara law has undergone unprecedented changes. The said changes have been brought forward to address the growing need to merit equal treatment to the nearest female relatives, namely daughters,” the bench said.
		+
		+	It added that the law was amended to give daughters equal status to sons’ in property matters. “These changes have been sought... on the touchstone of equality, thus seeking to remove the perceived disability and prejudice to which a daughter was subjected,” the bench said.
		+
		+	The court passed the order on a plea filed by two sisters seeking share in their late father’s property. Their brothers had refused to give them their share, forcing them to take legal recourse in 2002. The trial court dismissed their plea in 2007 and said they were not entitled to any share as they were born before 2005. Their appeal was rejected by the high court and they finally approached the apex court.
		+
		+	Agreeing with their plea, the SC set aside the HC order and said the year of birth was not a criterion to decide whether a woman was covered under the amended law.
		+
		+	“...This amendment now confers upon the daughter of the coparcener as well the status of coparcener in her own right in the same manner as the son and gives same rights and liabilities in the coparcener properties...,” the bench said.

	=Karta=		=Karta=

@@ Line 33: / Line 33: @@
 Examining the other aspect -whether Durga Prasad formed part of the family, the bench said, "He being brother of the deceased tenant, he cannot be held to be 'family' as the inclusive list given under the Act clearly omits 'brother and sister' and the same cannot be read therein as the list has to be read and interpreted strictly."
 Rejecting Prasad's argument that he had been living with his sister for a long period to lay claim to the rented property, the SC said, "He being the brother of deceased Lalita had no reason to normally reside with his married sister. Be it noted, in her written statement filed in the release application, Lalita had not averred that her brother Durga Prasad was living with her and that he was taking care of her."
 =Daughter (married) vs. son, wife=