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Hindu woman can give her property to father’s family

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The Supreme Court has made an important decision that those who come from the father of a Hindu woman can be considered as heirs in her property. Such family members cannot be considered as persons outside the family, who will come under the purview of Section 15.1D of the Hindu Succession Act and will be entitled to the property.

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“The bench of Justice Ashok Bhushan said that reading Section 13.1D clearly shows that the heirs of the father have been considered as heirs, who can take over the property.” But when heirs from the woman’s father are included, who can acquire the property, it cannot be said that they are strangers to the family and not members of the woman’s family.

It has been said in the news that “Supreme Court has interpreted Section 15.1D of the Hindu Succession Act and said that the relatives of the Hindu woman’s father are not strangers, they are also part of the family. The word family cannot be given a narrow meaning in the law, it has to be seen in an expanded sense, which will also include the family of Hindu women.

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In the judgment, the apex court said that the family members of the woman’s father would come under the purview of the heirs under Section 15.1.D of the Hindu Succession Act, 1956. A bench of Justice Ashok Bhushan said that reading Section 13.1.D clearly shows that the heirs of the father have been considered as heirs, who can take over the property.

The court challenged the recommendation decree , with the decree approving the ownership of the property to Jagno’s brother’s sons, but this transfer of property was opposed by Jagno’s husband’s brothers and he challenged the recommendation decree. He said that the Hindu widow does not form a joint Hindu family with her father’s family. 

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Therefore this property cannot be done in the name of his father’s children. Family settlement can be done only with those who already have a right in the property. However, the High Court dismissed his petition. He then came to the Supreme Court.

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