Topic
Hindu Succession Act 1956
2 articles
Property Law
Gujarat High Court: A Tribal Widow's Inherited Land Is Hers to Will Away, Absent a Proven Custom Barring Her
Deciding a second appeal over agricultural land in Surat district contested since 2002, the Gujarat High Court has held that a Scheduled Tribe widow who inherits property from her husband takes it as her own absolute, self-acquired property — free to bequeath it by will — unless a custom restricting female inheritance is actually pleaded and proved, not merely assumed.
13 min readProperty Law
A Remarried Widow, a Murderer, and a Coparcener's Share: Madras High Court Separates Section 24 from Section 25 of the Hindu Succession Act
A three-decade-old partition dispute forced the Madras High Court to decide whether a coparcener's share reverts to his relatives when his widow remarries, or passes instead to his daughter. The answer turns on a distinction between two very different kinds of disqualification buried in the Hindu Succession Act.
12 min read