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    <title>2009 (4) TMI 924 - Supreme Court</title>
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    <description>Omission of Section 23 of the Hindu Succession Act, 1956 by the 2005 amendment removed the statutory bar that had postponed a female heir&#039;s claim to partition of a Hindu dwelling house, because the provision was only a disability regulating timing and did not create a vested right in male heirs. It therefore applied to pending proceedings where no partition by metes and bounds had already been effected, and female heirs could seek partition. The Will propounded by the appellant was also rejected, as material contradictions among the attesting and supporting witnesses, together with suspicious circumstances, justified the finding that due execution and genuineness were not proved. The appeal failed on both grounds.</description>
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    <pubDate>Wed, 15 Apr 2009 00:00:00 +0530</pubDate>
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      <title>2009 (4) TMI 924 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=174505</link>
      <description>Omission of Section 23 of the Hindu Succession Act, 1956 by the 2005 amendment removed the statutory bar that had postponed a female heir&#039;s claim to partition of a Hindu dwelling house, because the provision was only a disability regulating timing and did not create a vested right in male heirs. It therefore applied to pending proceedings where no partition by metes and bounds had already been effected, and female heirs could seek partition. The Will propounded by the appellant was also rejected, as material contradictions among the attesting and supporting witnesses, together with suspicious circumstances, justified the finding that due execution and genuineness were not proved. The appeal failed on both grounds.</description>
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