AI Overview...
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Legal Heir's Rights - A legal heir, such as the defendant or claimant, is entitled to inherit property from the deceased, regardless of any compromise or documents suggesting otherwise. The property devolves upon the legal heir as per law, and execution of a compromise does not deprive them of their absolute rights AMBABEN VS HEIRS OF DECD. RAIBEN - Gujarat.
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Entitlement of Class-I Heirs - Under the Hindu Succession Act, 1956, Class-I legal heirs, including daughters and widows, are entitled to a share in the deceased's property. Collusive decrees or unregistered decrees cannot deprive them of their inheritance rights. Such decrees suffer from legal infirmities like non-registration, rendering them invalid and not affecting the legal heir’s entitlement Rajat Joon, S/O Shri Rajinder Singh Joon vs Rajinder Singh Joon, S/O Shri Pratap Singh - Delhi, Jai Narain VS Sona Devi - Punjab and Haryana.
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Validity of Transfers and Wills - A legal heir's rights are protected even if property is transferred or a Will is created, provided such transfers or Wills are genuine and made according to legal procedures. Any Will created after the death or under suspicious circumstances to deprive heirs can be challenged and invalidated Manju Puri VS Rajiv Singh Hanspal - Supreme Court, Mahesh Chand VS Shyam Lal - Rajasthan.
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Deprivation and Collusion - Attempts to deprive legal heirs through collusive decrees or fraudulent transfers are legally unsustainable. The courts recognize the rights of legal heirs and scrutinize the validity of such decrees, especially if they lack proper registration or are collusive in nature Jai Narain VS Sona Devi - Punjab and Haryana.
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Succession and Inheritance - Under Hindu Law, daughters and other heirs have recognized rights to property. Prior customs or practices that excluded certain heirs are not legally binding if they conflict with statutory inheritance rights. The rights of heirs are protected by law against unlawful deprivation VIKARMA SINGH VS PARBATI KUNWAR - Allahabad.
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Court's Role - Courts have consistently held that legal heirs cannot be deprived of their rightful inheritance through fraudulent, collusive, or improperly registered decrees or transfers. They emphasize adherence to legal procedures to establish and protect heirs' rights Mozibar Rahman VS Bhanu Nessa - Gauhati, Prem Prakash Dabral VS State - Delhi.
Analysis and Conclusion:
A legal heir's right to inherit property is protected by law and cannot be deprived through collusive decrees, fraudulent transfers, or improper documentation. Even if property transfers or Wills are created, they are subject to scrutiny, and the rights of lawful heirs, especially Class-I heirs under Hindu Succession Act, 1956, are upheld. Courts emphasize legal procedures like registration and genuine documentation to validate property rights, ensuring heirs are not unjustly deprived of their inheritance.
Search Results for "A Legal Heir can Not Deprive from his Property"
2011 0 Supreme(Guj) 675 • India - Gujarat
H.N.DEVANI
between plaintiff - Property in question had devolved upon defendant as his only legal surviving heir and as merely because the ... document evidencing a compromise between plaintiff and defendant had been executed would not deprive defendant from her absolute ... the property in question - Conclusion that deceased had not divorced defendant and that appellant was not legally wedded wife of ... That in any case, after the death of her husband Ranchho....
2025 0 Supreme(Del) 374 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
Purushaindra Kumar Kaurav
heir entitles her to contest the decree’s implications on family property. ... her of property rights. ... evidence regarding the validity and implications of a compromise decree - The applicant alleges collusion between the parties to deprive ... In the circumstances of the case, it is evident that the applicant, being a Class-I legal heir as per Schedule I to the Hindu Succession Act, 1956, would be entitled to a share in the property of her husband. ... He further ....
2006 0 Supreme(P&H) 112 • India - Punjab and Haryana
M.M.KUMAR
Registration Act, 1908 - Section 17 (2) - Collusive decree - No pre - existing right in the property - Required registration - Held ... Appeal - Concurrent finding - Collusive decree - Suffers from a fatal difficulty of non registration - No question of law - Does not ... It has further been found she was the only legal heir and would have inherited the property of deceased Jagan had he not suffered the judgment and decree dated 18.11.2005. ... The learned trial Court recorded the find....
1991 0 Supreme(Raj) 602 • India - Rajasthan
M.C.JAIN
Order 22 Rule 5, C.P.C. does not require simultaneous determination of all applications related to legal representation. ... , as Order 22 Rule 5, C.P.C. does not require simultaneous determination of all applications related to legal representation. ... . - LEGAL REPRESENTATIVE - ORDER 47 RULE 1 READ WITH SECTION 151, C.P.C. - REVIEW - SUMMARY Fact of the Case: Petitioner ... legal representative of Kesulal, the plaintiffs no. 2 and 3 want to deprive him of his prop....
2020 7 Supreme 756 • India - Supreme Court
ASHOK BHUSHAN, NAVIN SINHA
Gian Hanspal with regard to above property. ... Gian Hanspal for partition of the property. Smt. ... On 15.06.1961, Surjan Singh Randhawa executed a Will bequeathing the above immovable property to his eldest daughter, Smt. ... It was further pleaded that purported Will dated 15.06.1981 was not the genuine Will and was created after his death to deprive her mother of her legal entitlement in the suit property as a legal heir of the ....
2023 0 Supreme(Chh) 146 • India - Chhattisgarh
GOUTAM BHADURI, SACHIN SINGH RAJPUT
Accordingly, since defendant No. 1 did not have any exclusive right to sale the property, the sale made in favour of defendant Nos ... Since the property was devolved on Surendra Kour and the other legal heirs, the relief to the extent to validate the sale made to ... a proper legal proceeding. ... Plaintiff further pleaded that the subsequent WILL does not disclose the fact about such adoption and the plaintiff is the sole and exclusive legal heir a....
2015 0 Supreme(Gau) 804 • India - Gauhati
A.K.GOSWAMI
For purpose of validity of gift such evidence will not suffice for fulfilling third condition for valid gift delivery of possession ... periodic patta land considering possession of defendant – Held, Even if it is assumed as contended by that he was a village it is not ... is no evidence how possession was delivered by donor - Assuming that defendant is in possession after death of donor same will not ... the only legal heir of late Tomez of the property he had left behind. ... Admitte....
2010 0 Supreme(Guj) 354 • India - Gujarat
K.A.PUJ
want to deprive her from this entitlement at the fag end of her life and this would not cause any additional burden on the appellant ... if this payment is directed to be continued till she is alive, on moral grounds, if not on legal grounds - Second Appeal Disposed ... context, the respondent No. 1 getting this amount since 1982 onwards and her advanced age of more than 80 years, the Court does not ... Though sister does not find any place in the list of dependants in section 21, it w....
2019 0 Supreme(Del) 480 • India - Delhi
SANJEEV NARULA
petitioner sought probate of the Will of the deceased, who had excluded certain family members from the will and bequeathed his property ... The court also considered previous decisions and legal principles related to probate and letters of administration. ... In the case of intestate succession, Respondent No. 5 not being Class-I legal heir of the deceased, would not have any right in the said property by way of succession. The Will in question excludes Respondent No....
1960 0 Supreme(All) 153 • India - Allahabad
R.A.MISRA, B.N.NIGAM
possession of cultivatory plots and a grove from defendants, alleging that they were the heirs of Jagannath Singh, the owner of the property ... grand-father when at the time the custom grow the daughters daughter was not an heir under the Hindu Law that is prior to the passing ... an heir under the Hindu Law. 2. ... A-4 and A-5 alone, it is doubtful whether it was intended to exclude even a daughters son from inheritance who is a legal heir to the property of his dec....
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