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Tuesday, March 16, 2010

Succession--Female heir--Rule of survivorship is subject to statutory provisions

2010(1) LAW HERALD (P&H) 447
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr Justice Adarsh Kumar Goel
RSA No.210 of 1987 (O&M)
Kedar Nath (dead) through LRs.
v.
Rishi Raj & Ors.
{Decided on 12/11/2009}
For the Appellants: Mr. Yogesh Kumar Sharma, Advocate.
For the Respondent: None.
(A) Hindu Succession Act, 1956, S.14 & 15--Succession--Female heir--Rule of survivorship is subject to statutory provisions of Hindu Succession Act by virtue of which even a female inherits the property absolutely--General rule of succession in the case of female Hindu does not apply to inter vivos transfer nor to a testamentary succession. (P.10)
(B) Hindu Succession Act, 1956, S.15--Registration Act, 1908--Family settlement--Registration--Requirement of registration does not apply to a family settlement which recognized by way of a decree. (P.11)