Supreme Court urges Hindu women to Make Will of self-acquired assets to avoid disputes

 Source: Live Law

The Supreme Court on Wednesday urged all women, especially Hindu women who may leave behind property after their death, to make a will to ensure that their property is distributed according to their wishes and to avoid future litigation between their parents and in-laws.

To read more please go to the following link:

https://www.livelaw.in/top-stories/supreme-court-urges-hindu-women-to-make-wills-mandates-pre-litigation-mediation-wives-dying-intestate-succession-act-310471

Demolitions without following process violative of rule of law: Supreme Court

Source: Hindustan Times

The executive taking the role of a judge and ordering the demolitions without following the process of law is violative of the rule of law, the Supreme Court said on Wednesday as it pronounced its verdict on a batch of pleas challenging the arbitrary demolition of properties of people named in criminal cases. It issued nationwide guidelines on the demolition of properties often using bulldozers.

To read more please go to the following link:

https://www.hindustantimes.com/india-news/demolitions-without-following-process-violative-of-rule-of-law-supreme-court-101731476805941.html

SC recalls 2022 verdict declaring benami law provisions unconstitutional

Source: Daily Excelsior

In a significant development, the Supreme Court on Friday recalled its 2022 verdict that had declared as unconstitutional two provisions of the law on prohibition of benami property transactions that restrains such deals and acquisition of properties by authorities. To read more please go to the following link:

https://www.dailyexcelsior.com/sc-recalls-2022-verdict-declaring-benami-law-provisions-unconstitutional/

Mere Non-Performance Of Agreement To Sell Doesn't Amount To Offence Of Cheating & Criminal Breach Of Trust: Supreme Court

 Source: Live Law

The Supreme Court recently observed that mere non-performance of an Agreement to Sell by itself does not amount to the offences of cheating and criminal breach of trust. Quashing a criminal case against three persons for failing to execute a sale despite an agreement to sell a property, the Court observed that ... To read more please go to the following link:

https://www.livelaw.in/top-stories/mere-non-performance-of-agreement-to-sell-doesnt-amount-to-offence-of-cheating-criminal-breach-of-trust-supreme-court-267447

Wife cannot stop sale of flat if husband giving alternative accomodation: HC

Source: Times of India dated 08.02.2023

To read this article by Rosy Sequeira, go to the following link:

https://drive.google.com/file/d/1_bFAYJi3MCZTTqg0r2-gsoEVXNBnMh0E/view?usp=sharing

Source: The Hindustan Times dated 21.01.2014

‘ONLY HINDU WIDOWS CAN CLAIM INTEREST ON JOINT PROPERTY’

MUMBAI: Wives of coparceners are not eligible to claim any interest in the joint property of their Hindu Undivided Family (HUF), the Bombay high court ruled on Saturday. “Only a Hindu widow can claim the interest of her deceased husband in the coparcenary or joint family property for her maintenance,” said j ustice Roshan Dalvi.

Justice Dalvi was hearing a plea filed by Hiten Patel (name changed), who sought partition of the properties bequeathed to him by his deceased mother and mandatory injunction against his father to hand over the properties to him.

Hiten’s mother, who passed away on June 10, 2013, had, in a registered will dated July 2, 2011, bequeathed part of her i ndividual proper t i es and her share in the joint family properties to him. Being the sole beneficiary under her will, Hiten had also sought its validation.

However, justice Dalvi noted that the woman had passed away and her husband is still alive. Therefore, she could not acquire the right of a widow. “Consequently, she had no share and no bequeathable interest in any share,” the judge said and concluded that the bequest of “her share” was “wholly misconceived since her husband was alive on the date of her death and she was not a widow”.

The judge refused to issue any directive pertaining to the joint property of the family at Ahmedabad and the “monies in his mother’s share”. Justice Dalvi also restrained Hiten’s father from alienating a flat at Sion and shares held by his deceased mother.