Property in wife’s name? Ownership can’t be challenged without proof of family funds
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Fri, Mar 20, 2026 | 03:52 PM IST
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Succession disputes: Know your legal rights
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Property in wife’s name? Ownership can’t be challenged without proof of family fundsProperty in wife’s name? Ownership can’t be challenged without proof of family funds

The Orissa High Court upheld a mother's right to evict her son and daughter-in-law from her self-acquired house. The court ruled that property solely in a woman's name is her absolute property, as per Section 14 of the Hindu Succession Act, unless joint family funding is clearly proven. The son's claim of joint ownership failed due to lack of evidence.
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Ancestral or inherited properties can also be attached under PMLAAncestral or inherited properties can also be attached under PMLA
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Probate granted to Will but criminal court finds Will to be forged: Affected party can apply for revocation of probateProbate granted to Will but criminal court finds Will to be forged: Affected party can apply for revocation of probate
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Not all family properties are ancestral: Son has no birthright in father’s self-acquired assetsNot all family properties are ancestral: Son has no birthright in father’s self-acquired assets
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Karta’s property not treated as HUF asset if he can prove it was acquired from personal income without use of ancestral assetsKarta’s property not treated as HUF asset if he can prove it was acquired from personal income without use of ancestral assets

The Supreme Court of India has clarified property division rules for Hindu Undivided Families. A Karta's property is considered self-acquired if proven to be from personal income, not ancestral assets. This ruling emphasizes the need for clear evidence to distinguish between joint family and individual property. The court stressed a realistic appraisal of evidence in such cases.
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No inheritance for mother under Indian Succession Act if son dies without creating a Will and is survived by his wife and childrenNo inheritance for mother under Indian Succession Act if son dies without creating a Will and is survived by his wife and children
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Can a mother cut a son out of her Will? Kerala HC backs mother who inherited 46 cents of land from her husband and denied son a shareCan a mother cut a son out of her Will? Kerala HC backs mother who inherited 46 cents of land from her husband and denied son a share
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Can tenants challenge a probated Will? SC says no, upholds landlady’s title and directs tenant eviction plus 25 years' rent arrearsCan tenants challenge a probated Will? SC says no, upholds landlady’s title and directs tenant eviction plus 25 years' rent arrears
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Daughter loses claim to gold jewellery kept in joint locker with late mother; HC upholds Will bequeathing it to another family memberDaughter loses claim to gold jewellery kept in joint locker with late mother; HC upholds Will bequeathing it to another family member
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Mother excluded from son’s inheritance if he dies intestate and is survived by wife, children: Karnataka HC rulesMother excluded from son’s inheritance if he dies intestate and is survived by wife, children: Karnataka HC rules

Where a deceased leaves a widow and lineal descendants, the widow is entitled to one-third of the estate, and the remaining two-thirds devolve upon the lineal descendants. The mother, being an antecedent, does not inherit in the presence of lineal descendants.
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Unchallenged will enough for land mutation, says SC; sale agreement holder loses claimUnchallenged will enough for land mutation, says SC; sale agreement holder loses claim
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Old Will, new trouble: Key steps that decide whether your Will survives legal scrutinyOld Will, new trouble: Key steps that decide whether your Will survives legal scrutiny
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Handwriting opinion not required when whole Will is disputed as daughter challenges father’s Will: SCHandwriting opinion not required when whole Will is disputed as daughter challenges father’s Will: SC
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Partition deed of ancestral land fails as children lose land battle; Delhi HC backs sale deed over agreement to salePartition deed of ancestral land fails as children lose land battle; Delhi HC backs sale deed over agreement to sale
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Think twice before picking a Will writer: How close relationships can complicate probateThink twice before picking a Will writer: How close relationships can complicate probate

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