.....of any claims which could or might be enforced against a deceased Hindu himself if living, and for which a suit would lie against his representative. (The rest of section 7 which was as follows :- "and unless there be something in the context or subject repugnant to such construction, words importing the singular number shall include the plural number, and words importing the plural number shall include the singular number and words importing the masculine gender shall include females" was repealed by the Bombay General Clauses Act, 1886 (Bom. 3 of 1886).) [*****] 8. [Commencement of Act] Rep. Act XII of 1873. 9. Short title:- This Act may be cited for all purposes as the Bombay Hindu Heirs' Relief Act, 1866. Maharashtra State Acts
List Judgments citing this section.....of its ordinary original civil jurisdiction, and also in respect of all such persons beyond such limits over whom the said High Court of Judicature at Fort William in Bengal shall have criminal jurisdiction at the date of the publication of these presents;" And whereas it is expedient to correct the two clerical errors in such section which are hereinbefore indicated by italics; It is hereby enacted as follows :- ____________________ 1. For Proceedings in Council relating to this Act, which was introduced and passed at one sitting see Gazette of India, 1886, Supplement p. 255. The short title was given by Bom. 2 of 1921. 2. General Statutory Rules and Orders.
View Complete Act List Judgments citing this sectionIn lieu of the said recited section, the following shall be substituted :- "and we do further ordain that the said High Court of Judicature at Bombay shall have ordinary original criminal jurisdiction within the local limits of its ordinary original civil jurisdiction, and also in respect of all persons beyond such limits over whom the said High Court of Judicature at Bombay shall have criminal Jurisdiction at the date of the publication of these presents."
View Complete Act List Judgments citing this sectionTHE BOMBAY HINDU HEIRS' RELIEF ACT, 1866 [Act No. 7 of1866]1 [31st May, 1866] Repealed in part, by Act12 of1873; Bom.3 of1886. PREAMBLE An Act to limit the liability of a son, grandson or heir of, a deceased Hindu for the debts of his ancestor, And the liability of the second husband of a Hindu widow for the debts of her deceased husband, and otherwise to amend the law of debtor and or editor. Where as according to the law in force, as applied to Hindus by the High. Court of Judicatures at Bombay in the exercise of its ordinary original civil jurisdiction, no son or grandson of a deceased Hindu in liable for the debts of his ancestor merely by reason of his being such son or grandson, and no son, grandson or other heir of deceased Hindu, who has received assets of the deceased, is merely from that circumstance liable for the debts of bin ancestor beyond the amount of the assets received, and no person marrying a Hindu widow is liable in consequence of such marriage for the debts of her former or any prior deceased husband; and whereas a different law is applied to Hindus by the Civil Courts which exercise jurisdiction in places beyond the local limits of the.....
View Complete Act List Judgments citing this sectionNo son or grandson of a deceased Hindu shall, merely by reason of his being such son or grandson, be liable to be sued for any of the debts of such deceased Hindu.
View Complete Act List Judgments citing this sectionNo son, grandson or heir of a deceased Hindu, who has by himself or his agent received or talcon possession of any property belonging to the deceased, shall be liable personally for any of the debts of the deceased, merely by reason of his having so received or taken possession of any such property; but the liability of such son, grandson or heir, in respect of such debts, shall be as the representative of such deceased Hindu and shall be limited to paying the sum out of and to the extent of the property of the deceased which such son, grandson or heir or any other person, by his order or to his use, has received or taken possession of as aforesaid, and which remains unapplied: Liability in respect of assets received and not applied Provided that, if any part of such property so received or taken possession of as aforesaid shall not have been duly applied by such son, grandson or heir, he shall be liable personally for such debts to the extent of the property not duly applied by him.
View Complete Act List Judgments citing this section[Pending suits.] Rap. Act XII of1873.
View Complete Act List Judgments citing this sectionNo person who has married a Hindu widow shall, merely by reason of such marriage, be liable for any of the debts of any prior deceased husband of such widow * * * *1 ______________________ 1 The rest of section4 which was as follows:-"and the provisions of this section may be used as a defense by any such person who shall be defendant in a s(sic) which may be pending as the time when this act comes into operation, and in which the sought to make such person liable for any such debts merely reason of his having married such Hindu widow and in which suit judgment shall not have been pronounced before this Act comes into operation, and with regard to the costs of any suits to which the provisions of this section shall apply, the same shall be deals with by the court which makes the degree in the suit, in the same way as such costs would have been dealt with had a degree been made in such suit before this Act had into cooperation" was repealed by the repealing Act,1873
View Complete Act List Judgments citing this sectionWhereas debt is contracted after this Act shall come into operation by one or more numbers of an undivided Hindu family, under such circumstances as that the same forms the debt of the undivided family, no member of such undivided family, who is unborn or under the age of twenty-one years at the time of the contracting of such debt, shall be liable personally to pay the same, but such member shall only be laible to pay the same out of and to the asset of the property of the undivided Hindu family and of the separate property, if any, belonging, to any deceased members of the undivided family who were above the age of twenty-one years at the time of the contracting the same, received or taken possession of by such member or any other person by his order or to his use and remaining unapplied, unless any part of such property so received or taken possession of as aforesaid shall not have been duly applied by such member, in which case he shall be father liable personally for such debt to the extent of the property not duly applied by him.
View Complete Act List Judgments citing this sectionExcept as provided in section5 1* * * nothing in this Act contained shall be contracted as limiting or affecting the liability of any person as surviving member or one of the surviving members of an undivided Hindu family for any debt contracted under such circumstances as that the surviving member or surviving members of such undivided family is, or are by the law now in force liable to pay the same. __________________ 1 The words "of this Act" were repealed by the Bombay General Clauses Act, (sic)1886(Bom. 3 of1886), Schedule B. This Schedule has been reprinted as an Appendix to Bombay General Clauses Act, 1904 (Bom. 1 of1904).
View Complete Act List Judgments citing this section