Hindu Succession Act - The Legal Chamber

Supreme Court Rules on Oral Family Arrangement: Legal Heirs Can’t Overturn Registered Will

16Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules on Oral Family Arrangement: Legal Heirs Can’t Overturn Registered Will

The Supreme Court upheld the validity of a registered Will executed by Metpalli Rajanna, recognizing its presumption of genuineness under law. The Court ruled that the burden to disprove the Will lay on the contesting party, which was not discharged. It emphasized that the oral family settlement, supported by possession and revenue records, further validated the Will's distribution of properties. The trial court's decree granting absolute rights to the plaintiff under the Will was restored, overturning the High Court's interference. The judgment reaffirmed the sanctity of registered Wills and family arrangements in property disputes. Facts Of The Case: The case involved a dispute over 4 acres and 16 guntas of land in Dasnapur village between the legal heirs of Metpalli Rajanna. Rajanna, ...

Landmark Ruling: Supreme Court Ends Gender Bias Tribal Women Now Have Equal Rights to Ancestral Property!

The Supreme Court ruled that in the absence of any established custom or law governing inheritance for Scheduled Tribes, the principles of justice, equity, and good conscience under Section 6 of the Central Provinces Laws Act, 1875 must apply. The Court held that denying tribal women equal inheritance rights violates Article 14 (right to equality) of the Constitution, as discrimination based on gender lacks a rational nexus. The judgment overruled the lower courts’ dismissal of the claim, affirming that legal heirs of tribal women are entitled to an equal share in ancestral property unless a contrary custom is proven. Facts Of The Case: The case involved a dispute over the inheritance rights of a tribal woman, Dhaiya, belonging to the Gond Scheduled Tribe in Chhattisgarh. The appellants,...

Supreme Court: Joint Family Property Disputes Need Evidence, Not Quick Rejection

The Supreme Court ruled that Order VII Rule 11 CPC cannot be invoked to reject a partition suit based on the Benami Act when plaint averments describe properties as joint family assets. Whether properties are benami or fall under exceptions (Section 2(9)(A)) requires evidence. Section 4’s bar applies only to proven benami transactions, not disputed claims requiring trial. Facts Of The Case: The dispute involved a family partition suit (Regular Suit No. 630A/2018) filed by Vidya Devi Gupta (mother) and Sudeep Gupta (younger son) against Sandeep Gupta (elder son), his wife Shaifali Gupta, and their children, along with subsequent property purchasers Deepak Lalchandani and Surya Prakash Mishra. The plaintiffs claimed that multiple properties acquired in individual family members’ names – in...