Family In Case Of Hindu Female – Chandigarh
The Supreme Court of India while deciding a case titled as Khushi Ram Vs Nawal Singh on 22/02/2021 observed while referring to section 15 of the Hindu succession act 1956 that section 15(1) (D) indicates that heirs of the father are covered in the heirs, who could succeed and when a heir of father of female are included as person who can possibly succeed, it cannot be held that they are strangers and not the members of the family qua the female.
The question that fell for consideration was that family settlement can only take place between members, who have antecedent title or pre-existing right in the property proposed to be settled. Another question that was the subject matter of examination was that whether a Hindu widow constitute a joint Hindu family with the descendents of her brother i.e., her parental side.
The court referred to the decision rendered in Kale Vs Deputy Director Of Consolidation (1976) 3 SCC 119 where it was held that the term ‘family’ has to be understood in a wider sense so as to include within its fold not only close relations or legal heirs but even those persons who may have some sort of antecedent title, a semblance of claim or even if they have a specific succession.
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