Supreme Court of India Judgements

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Category: Will & Succession

Joint Family Property Will & Succession

Hindu Succession Act, 1955 – Section 16 – Partition Suit – Entitlement of share to the children of void or voidable marriages – If a marriage is considered void or invalid, the children born from that marriage still have a legal right to inherit their parent’s property

Jan 21, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJA GOUNDER AND OTHERS — Appellant Vs. M. SENGODAN AND OTHERS — Respondent ( Before : M.M. Sundresh and S.V.N. Bhatti, JJ. ) Civil…

Will & Succession

Succession Act, 1956 – Section 63 – Evidence Act, 1872 – Section 68 – Property Dispute – The plaintiffs claimed that the property belonged to them through an oral partition among the sons of the original owner and was bequeathed to them by ‘A’ through a will – Supreme Court upheld the judgments of the Trial Court and the First Appellate Court, finding that the plaintiffs failed to provide sufficient evidence to prove the oral partition and the will.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJENDHIRAN — Appellant Vs. MUTHAIAMMAL @ MUTHAYEE AND OTHERS — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. ) Civil Appeal No.…

Joint Family Property Property Matters Will & Succession

A combined reading of Section 15(1)(a) and Section 16 of the Act would make it manifest that the property of a female Hindu dying intestate shall devolve, firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband. Therefore, the plaintiff being the widow of the pre-deceased son does not have the first right or entitlement to receive any share in the share of her mother-inlaw.

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH SACHIDHANANDAM SINCE DEAD THROUGH HIS LRS. — Appellant Vs. E. VANAJA AND OTHERS — Respondent ( Before : B.R. Gavai, Hima Kohli and Prashant…

Joint Family Property Will & Succession

Hindu Succession Act, 1956 – Section 6 – Devolution of interest in coparcenary property – In order to ascertain the shares of the heirs in the property of a deceased coparcener, the first step is to ascertain the share of the deceased himself in the coparcenary property and Explanation 1 to Section 6 provides a fictional expedient, namely, that his share is deemed to be the share in the property that would have been allotted to him if a partition had taken place immediately before his death

Sep 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DERHA — Appellant Vs. VISHAL AND ANOTHER — Respondent ( Before : C.T. Ravikumar and Sanjay Kumar, JJ. ) Civil Appeal No. 4494 of…

Will & Succession

Will – Writ petitioner did not have any knowledge about the contents of the Will and the bequest made under the Will – Therefore, this appears to be a case where the writ petitioner is on a treasure hunt, if not a wild goose chase, in the hope that there exists a treasure and that if found, it will be hers – The Court cannot go to the aid of such a person.

May 16, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH A. WILSON PRINCE — Appellant Vs. THE NAZAR AND OTHERS — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Special Leave…

Will & Succession

Wills cannot be proved only on the basis of their age – the presumption under Section 90 as to the regularity of documents more than 30 years of age is inapplicable when it comes to proof of wills, which have to be proved in terms of Sections 63(c) of the Succession Act, 1925, and Section 68 of the Evidence Act, 1872.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ASHUTOSH SAMANTA (D) BY LRS. AND OTHERS — Appellant Vs. SM. RANJAN BALA DASI AND OTHERS — Respondent ( Before : S. Ravindra Bhat…

Will & Succession

Hindu Succession Act, 1956 – Section 8(a) – Estoppel – Mere spec successonis or expectation his conduct in transferring/releasing his rights for valuable consideration, would give rise to an estoppel – Effect of the estoppel cannot be warded off by persons claiming through the person whose conduct has generated the estoppel.

Jan 29, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ELUMALAI @ VENKATESAN AND ANOTHER — Appellant Vs. M. KAMALA AND OTHERS AND ETC. — Respondent ( Before : K.M. Joseph and Hrishikesh Roy,…

Will & Succession

Faridkot Royal Family Property Dispute – Raja of Faridkot’s Estate Act, 1948 was not a valid enactment and would not be applicable for succession to the estate of the Ruler – No case was made out for the applicability of Rule of Primogeniture and succession based on said Rule – Order of High Court granting the majority share to Amrit Kaur and Deepinder Kaur is upheld.

Sep 11, 2022 sclaw

CE DECEASED) THROUGH LRS. AND OTHERS — Appellant Vs. RAJKUMARI AMRIT KAUR AND OTHERS — Respondent ( Before : Uday Umesh Lalit CJI., S. Ravindra Bhat and Sudhanshu Dhulia, JJ.…

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Electricity Act

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May 8, 2026 sclaw
Education

Sarva Shiksha Abhiyan (SSA) — Engagement of para-teachers on contract basis — Part of Government of India’s flagship program for universal elementary education — Aimed to address human resource gaps in employing teachers — Jharkhand Education Project Council responsible for implementation in Jharkhand — Para-teachers engaged since 2002 — Primarily vehicle for Right of Children to Free and Compulsory Education Act, 2009 (RTE Act)

May 8, 2026 sclaw
State Laws

Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 — Applicability — Interpretation of delay in initiating proceedings — While delay is generally discouraged, it may not be fatal in cases of beneficial legislation aimed at protecting Scheduled Castes and Scheduled Tribes lands, especially when parties to the original transaction are privy to the proceedings.

May 8, 2026 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Section 11(6) — Privity of Contract — Collaborator invoked arbitration clause — High Court rejected petition claiming no privity of contract — Supreme Court granted leave and held Collaborator as veritable party with joint and several liability.

May 8, 2026 sclaw