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Lease Premises Succession Right for Married Daughter Lease Premises Succession Right for Married Daughter

Bronze medal Reporter Adv.Lakshmi Posted 15 Mar 2019 Post Comment Visitors: 198 Read More News and Blogs
Lease Premises Succession Right for Married Daughter

Succession laws are different in India with respect to religion. The state Goa has different law from others, which has a common civil code implemented state. Regarding the Goan law, SC made a ruling regarding the lease premises that the married daughter has it.  This is as per Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. The bench chaired by the Justice L. Nageswara Rao and Justice MR Shah.



In the judgment state that " The short question which is posed for consideration before this Court is, right of a married daughter by way of succession in the “lease premises” and whether with respect to “lease premises”, a married daughter shall have a right of succession, vis a vis, Inventory Proceeding Act, 2012 or not? While considering the aforesaid question/issue, therelevant provisions of the Inventory Proceeding Act, 2012 are required to be referred to and considered.  The Goa Succession, Special Notaries and Inventory Proceeding Act, 2012 has been enacted to consolidate and amend the law of intestate and testamentary succession, notarial law and the laws relating to partition of an inheritance and matters connected therewith. It has come into force with effect from 19.09.2016. Further, the Inventory Proceeding Act, 2012 shall be applicable with respect to pending proceedings also, in view of Section 460 of the Inventory Proceeding Act, 2012. Section 3 of the Inventory Proceeding Act, 2012 defines succession. As per Section 3 of the Act, succession is the transmission of the estate of a deceased person in favour of his successors. It further provides that a successor is the person who is called to succeed to the juridical relations of the deceased person and upon whom the assets and liabilities devolve. Section 5 of the Inventory Proceeding Act, 2012 provides for the types of successors; heirs and legatees. As per the said provision, heir is the person who inherits or succeeds to the totality of the estate of the estate leaver or to an undefined share thereof without specifying the assets constituting it, while a legatee is the one who succeeds to specific and determined assets. As per Section 9 of the Inventory. lawyers in India.



Proceeding Act, 2012, all persons, besides the State, who are born or conceived at the time of the opening of the succession are competent to succeed, unless the law provides otherwise. Section 10 of the Inventory Proceeding Act, 2012 provides for incompetence to succeed by reason of unworthiness to succeed. It provides for the persons who shall be unworthy to succeed the estate leaver and are consequently incompetent to be the successors (it does not include the married daughter). Section 52 of the Inventory Proceeding Act, 2012 provides for order of legal succession. It provides inter alia that the legal succession shall devolve in the order as mention in Section 52 and it first devolve on the descendants. Section 68 of the Inventory Proceeding Act, 2012 provides for succession of children and their descendants and it specifically provides that the children and their descendants succeed to their respective parents and other ascendants, without distinction of sex or age. Section 399 of the Inventory Proceeding Act, 2012 provides for initial list of assets and it includes movables and livestock, the immovable including mortgages, easements, leases and other encumbrances thereon and lastly depts due by the estate. Section 446 of the Inventory Proceeding Act, 2012 permits amendment of partition.”



Click on the image to read more about IN SESSION TRIABLE CASE WHEN CAN A MAGISTRATE RELEASE ACCUSED?

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