...members of the deceased employee can manage for fourteen years after his death one of his legal heirs cannot put forward a claim as though it is a line of succession by virtue of a right of ...K.T Thomas, J.— Leave granted.2. This appeal by the Haryana State Electricity Board (“the Board” for short) is in challenge of the order of the High...Court of Punjab and Haryana declaring that the respondent is entitled to be considered as eligible for appointment in the employment of the Board on compassionate grounds.3...

...of the Constitution. As such there should be a proper check and balance. Of late, it appears the right to be appointed on compassionate ground is being claimed as a right of inheritance irrespecti...authorities have to be conscious of the fact that this right which is being extended to a dependant of the deceased employee is an exception to the right granted to the citizen under Articles 14 and 16...N.P Singh, J.— Leave granted.2. These appeals have been filed on behalf of the State of Haryana for setting aside the orders passed on two writ...

...Hindu Marriage Act, 1955 does acquire any right of inheritance. Such marriage in view of Section 5 is wholly void and, clearly such...such status and does not acquire any right of inheritance also. As such, the Courts below have not erred in decreeing the claim of the married wife and daughter. The learned Advocate for the appellant...1. This is a second appeal by the defendant who lost in both the Courts below. Smt. Ayodhyabai (R-1) and Smt. Kamlabai (R-2) mother and daughter had filed this suit for declaration of the...

...debt due to his father by right of inheritance, unless his succession by survivorship is indicated on the face of the bond creating the debt. Though act vii of 1889 applies only to cases of succes...by the statute to throw in every case on the debtor the obligation of making an inquiry at the time of payment, whether the person claiming to recover the debt claims by right of survivorship or of ...1. It appears that the suit was brought upon a bond executed by defendant to plaintiff's father, who is now dead, and there is nothing to show that on the face of the bond the debt is...

...inheritance. It proceeded on the assumption that, if the law had not prohibited the transfer of his right of inheritance by Muslim heir, an estoppel would have operated against the plaintiff and Defendant ...preponderance of authority in favour of the view that a transfer or renunciation of the right of inheritance before that right vests is prohibited under the Mohamadan Law”. The whole disc...remains in that state. In fact, it is not correct to speak of any right of inheritance before it arises by the death of the predecessor who could have, during his lifetime, deprived the prospective heir ...

...Government of the East India Company as inflicts on any person forfeiture of rights or property or may be held in any way to impair or affect any right of inheritance by reason of his or her renou...inheritance impaired by reason of Jagardeo Singh having renounced the Hindu religion, and he claims therefore that, as he was a Hindu he was entitled to establish his right of inheritance in accordance...says at p. 104: "The latter portion of the section, in my opinion, protects any person from having any right of inheritance affected by reason of any...

...) 20-3-81 do do Owner: "right of Ex.2H1 inheritance from (C.A.91) my father". 7-9-83 Sale. Lalpur Ow...sometimes claimed to be absolute owner by right of inheritance from her father and at others from her mother in respect of the same village, but whichever way it was...Sale Shahzadi Proprietary pos- Ex. 2 K1 (C.A. 91) Sarai session "devolved on us by right of inheritance from...

...case we do not think that their Lordships intended to lay down that a Muhammadan could renounce his right of inheritance before that right had become vested on the death of the person to whom he was...think that these observations of their Lordships may be taken as dealing with a renunciation after the right of inheritance has vested and are not authority for the proposition that a prior...footing that the right of inheritance had vested. We are not prepared to accept this case as an authority for the proposition that under Muhammadan Law a right of inheritance can be renounced befo...

...intended to lay down that a Muhammadan could renounce his right of inheritance before that right had become vested on the death of the person to whom he was entitled to succeed. In that case there had...Lordships may be taken as dealing with a renunciation after the right of inheritance has vested and are not authority for the proposition that a prior renunciation is authorised by the Muhammadan Law...represented and therefore the case was not so fully argued. The learned Judges also proceeded upon the footing that the right of inheritance has vested. We are not prepared to accept this case as an...

...judgment dated 20-12-1971 and compromise deed dated 4-7-1972 declaring that under the applicable customary law of inheritance to the parties therein, widows and daughters have no right of inheritance in...inheritance was sanctioned in favour of Khuda Bux alone being his son. Feeling aggrieved by the aforesaid mutation, Kaki and Aishan (daughters of Jhandu) filed Suit No. 280/162 against Khuda Bux...no right to alienate it by way of sale, mortgage or any other form. After the death of Khuda Bux and his wife, the said land would be divided among the four sons of Khuda Bux in equal shares. The...

...she became unchaste during the life-time of her son. The question to be determined, therefore, is whether a Hindu mother forfeits her right of inheritance by reason of unchastity. The court below has...these circumstances she forfeited her right of inheritance. The court below has held against the plaintiff and dismissed the claim. In our judgement the question raised is concluded by authority. In...the case of Musammat Ganga Jati v. Ghasita, which was a case relating to the right of inheritance to stridhan, the learned Acting Chief Justice remarked that “want of chastity in a...

...right of inheritance over his father.2. The cases of Muthayan Chetti v. Sivagiri Zamindar(1); Sivaganga Zamindar v. Lakshmana(2) and Muthuvadugurinatha Tevar v...not by Will but by the ordinary law of inheritance. The lower Courts are right upon the point of law. The Second Appeal is dismissed with costs.4. Appeal dismissed....1. The property in suit came into the possession of Venkataramana Iyer by the Will of his maternal grandfather. It never assumed the character of ancestral property if we understand that...

...the share. Banno sold the property in question to the defendant. Banno has died. The plaintiff claimed the property which was left by Bacha Singh by right of inheritance. The sole question we have to...caste, and that it does not apply to a case like this in which the person claiming by right of inheritance a share in a Hindu family is the son of the person who renounced his religion, and was born a...within the territories subject to the Government of the East India Company, as inflicts on any person forfeiture of rights or property, or may be held in any way to impair or affect any right of ...

...therefore entitled to the limited right of inheritance which the law gives to such a son. He contends further that the relationship is not merely that of a son to the father but also that of a father to...stands as the son of his father for the purpose of inheritance and the purpose of maintenance, there is every reason why the father should have his natural right of guardianship over the son...uncle. Similarly the mere existence of a heritable relationship between the putative father and the son would not of itself necessarily carry with it a right of guardianship, during the minority of the ill...

...the Officiating Chief Justice, in which he says that he was a party to a decision holding" that want of chastity in a mother does not defeat her right of inheritance." The case referred to is...exclusion of the mother from the right of inheritance be based solely upon the ground of the loss of caste arising from unchastity. I shall refer to this question after I deal with the grounds upo...law, have no right of inheritance. The widow, the daughter, the moth or, the grandmother and the great-grand mother are exceptions to this general rule. But their right of inheritance is subject t...

...his property. There is no scope for the extension of this reasoning by analogy. Similarly the recognition of a right of inheritance as between the mother and the illegitimate daughter Dundappa...postulate sapindaship between the putative father and the illegitimate daughter. The opening sentence in p. 763 of Ghose's Hindu Law (3rd Edition) restricts the illegitimate child's inheritance to the...mother's property. The decision of the lower appellate Court is right and the second appeal must be dismissed with costs. 2. (Leave to appeal granted.) ...

...subsequently executed a deed on 26-3-1117, Ext. I, relinquishing her right of inheritance to Methar's estate in the event of his predeceasing her, that this was part of a family settlement, and that on acc...marriage as alleged by defendants 1 and 2, that Ext. I was caused to be executed by fraud and undue influence practised on plaintiff 1 by Methar, and that Ext. I and the relinquishment of her right of inheritance b...between Methar and plaintiff 1 at the time of their marriage that, in the event of one of them predeceasing the other, the survivor would not claim any right of inheritance in the properties left ...

...acquired, to be correct, the appellants were entitled to relief in respect of ancestral property, since the appellants were not party to the family settlement. The plaintiffs had acquired right of inheritance on...the death of Ram Gopal and Ganeshi could not alienate property in respect of which the right of inheritance of the plaintiffs had been crystalised. He also submitted that finding of the t...court that gift in favour of the plaintiffs had never been questioned by the defendants, could not be held to be invalid or a ground justifying alienation of right of the plaintiffs for inheritance. He...

...plaintiffs here appear to be of the description) a right of inheritance strictly so speaking to the property of a deceased guru or spiritual preceptor does not exist; but the right of suc...claims for the reasons assigned by him since it was not for him to make out a title which neither plaintiff alleged [541] for himself as his ground of action. But he was right in noticing the defect...omission to nominate a successor, he had been elected after the latter's death by the neighbouring mahants and members of the sect: but both plaintiffs have based their claim on inheritance and...

...husband having died in the previous month. It is stated in the report—“She alleged in her petition that she was in possession by right of inheritance and also on account of her dower.” It was argued from...possession by her, husband in his lifetime in lieu of dower she would probably describe her possession after his death as a possession by right of inheritance and also on account of dower. In this case, it...not having been found as a fact that these ladies had not obtained possession in lieu of dower with the consent or by the acquiescence of the heirs, the plaintiff failed to prove the right to...