HINDU SUCCESSION ACT, 1956

Family Settlement--Even if, one of the parties to the settlement had no apparent antecedent title, but under the arrangement, the other party relinquishes all its claims or title, in favour of such a person, and acknowledges him, to be the sole owner, then antecedent title was to be presumed, and the family settlement was liable to be upheld.; Smt. Birma & Ors. v. Bhal Singh & Ors.; 2010(1) Law Herald (P&H) 674
S.14(2)--Hindu Women Right to Property Act, 1937--Appellant had no locus-standi, to challenge the judgment and decree as the wife of the deceased inheterted the property under the Hindu Women Right to Property Act, 1937 and become the absolute owner under Section 14(2) of the Hindu Succession Act--Competent to alienate the same as she likes--Decree did not require registration as was passed on the basis of legal and valid family settlement also, confer right and title to the party--The finding of the facts recorded by Courts below being based on the correct reading and due appreciation of evidence and law on the point do not suffer from any illegality or perversity and warrant no inference by High Court--The substantial question of law in answered, against the appellant and thus appeal in dismissed.; Smt. Birma & Ors. v. Bhal Singh & Ors.; 2010(1) Law Herald (P&H) 674
S.14(2)--Registration Act, 1908, S.17--Decree passed on the basis of a legal and valid family settlement--Does not require registration--Conferred all the rights and title to the other party.; Smt. Birma & Ors. v. Bhal Singh & Ors.; 2010(1) Law Herald (P&H) 674

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)

Female heir is debarred to claim partition of the dwelling house unless other male heirs seek partition

2010(1) LAW HERALD (P&H) 438
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mrs. Justice Sabina
R.S.A. No. 1350 of 1997 (O&M)
Amrit Lal
v.
Nusrat & Ors.
{Decided on 12/11/2009}
For the Appellant: Mr. M.L.Saini, Advocate.
For the Respondent: Mr. Rajesh Garg, Advocate.
IMPORTANT POINT
Partition--Dwelling house--Female heir--Female heir is debarred to claim partition of the dwelling house unless other male heirs seek partition.
Hindu Succession Act, 1956, S.23--Partition--Dwelling house--Female heir--Female heir is debarred to claim partition of the dwelling house unless other male heirs seek partition.