Hindu succession act 2005
3 years ago
Hi team, my mother had filed a case for her ancestor property under hidhu succession act but it was not given in her favor because of the verdict passed in Supreme Court in 2017 but on 2020 Supreme Court changed the verdict of hindu succession act again which would help my mother to claim her right in ancestors property, so can we file a case again on this ?
Advocate Niyas Fazal A
Responded 3 years ago
A.It's depend upon on your prayer and evidences. No fresh suite can be filed you apply appeal.
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A.Hi,
Female heirs have been granted the same status as males when it comes to inheriting ancestral property under the Act. However, we will need to look into the technicalities of the Supreme Court's judgment to determine whether you can file a fresh case. The general practice under the doctrine of Res Judicata is that another case cannot be filed on the same cause of action when the matter has been adjudicated by the Court.
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Female heirs have been granted the same status as males when it comes to inheriting ancestral property under the Act. However, we will need to look into the technicalities of the Supreme Court's judgment to determine whether you can file a fresh case. The general practice under the doctrine of Res Judicata is that another case cannot be filed on the same cause of action when the matter has been adjudicated by the Court.
If you found this helpful, please rate us.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hai,
A legislation applies retroactively when it prescribes benefits conditional upon an eligibility that may even arise prior to the passing of such legislation. Under the Act, a distinction must be drawn between the right to claim a share versus the extent of the share that can be claimed. In this case, the final decision will be depending upon the facts and circumstances of the case.
A legislation applies retroactively when it prescribes benefits conditional upon an eligibility that may even arise prior to the passing of such legislation. Under the Act, a distinction must be drawn between the right to claim a share versus the extent of the share that can be claimed. In this case, the final decision will be depending upon the facts and circumstances of the case.
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