Bare Act Search Results

BOMBAY HINDU HEIRS' RELIEF ACT, 1866, (Maharashtra) Section 2

Title: Heir to be liable as representative of deceased ancestor only to ex頞速ent of asset received

State: Maharashtra

Year: 1866

No 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.

BOMBAY HINDU HEIRS' RELIEF ACT, 1866, (Maharashtra) Preamble 1

Title: THE BOMBAY HINDU HEIRS' RELIEF ACT, 1866

State: Maharashtra

Year: 1866

THE BOMBAY HINDU HEIRS' RELIEF ACT, 1866 [Act No. 7 of1866]1 [31st May, 1866] Repealed in part, by Act12 of1873; Bom.3 of1886.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.....

The Transfer of Property Act, 1882 Complete Act

State: Central

Year: 1882

.....for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent;] 17 ["a person is said to have notice" of a fact when he actually knows that fact, or when, but for wilful abstention from an enquiry or search which he ought to have made, or gross negligence, he would have known it. Explanation 1. "Where any transaction relating to immovable property is required by law to be and has been effected by a registered instrument, any person acquiring such property or any part of, or share or interest in, such property shall be deemed to have notice of such instrument as from the date of registration or, where the property is not all situated in one sub-district, or where the registered instrument has been registered under sub-section (2) of section 30 of the Indian Registration Act, 1908 (16 of 1908), from the earliest date on which any memorandum of such registered instrument has been filed by any Sub-Registrar within whose sub-district any part of the property which is being acquired, or of the property wherein a share or interest is being acquired, is situated:] Provided that " (1) the instrument has been registered and its registration.....

Transfer of Property Act, 1882 Section 6

Title: What May Be Transferred

State: Central

Year: 1882

.....transfer can be made (1) in so far as it is opposed to the nature of the interest affected thereby, or (2) 6 [for an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act, 1872 (9 of 1872)] or (3) to a person legally disqualified to be transferee; 7 [(i) Nothing in this section shall be deemed to authorize a tenant having an untransferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate, under the management of a Court of Wards, to assign his interest as such tenant, farmer or lessee.] ________________________ 1. Inserted by Act 20 of 1929, Section 6. 2. The words "for compensation for a fraud or for harm illegally caused" omitted by Act 2 of 1900, Section 3. 3. Inserted by Act 35 of 1934, Section 2 and Schedule. 4. Inserted by Act 10 of 1927, Section 2 and Schedule I. 5. The word "Government" successively Substituted by the A.O.1937 and the A.O.1950 to read as above. 6. Substituted by Act 2 of 1900, Section 3, for "for an illegal purpose". 7. Added by Act 3 of 1885, Section 4.

Indian Easements Act, 1882 Section 5

Title: Continuous and Discontinuous, Apparent and Non-apparent Easements

State: Central

Year: 1882

Easements are either continuous or discontinuous, apparent or non-apparent. A continuous easement is one whose enjoyment is, or may be, continual without the act of man. A discontinuous easement is one that needs the act of man for its enjoyment. An apparent easement is one the existence of which is shown by some permanent sign which, upon careful inspection by a competent person, would be visible to him. A non-apparent easement is one that has no such sign. Illustrations (a) A right annexed to B 's house to receive light by the windows without obstruction by his neighbour A. This is a continuous casement. (b) A right of way annexed to A's house over B's land. This is a discontinuous easement. (c) Rights annexed to, A's land to lead water thither across B's land by an aqueduct and to draw off water thence by a drain. The drain would be discovered upon careful inspection by a person conversant with such matters. These are apparent easements. (d) A right annexed to A's house to prevent B from building on his own land. This is a non-apparent easement.

The Bombay Hindu Heirs Relief Act, 1866 Complete Act

State: Maharashtra

Year: 1866

.....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

Negotiable Instruments Act, 1881 Section 89

Title: Payment of Instrument on Which Alteration is Not Apparent

State: Central

Year: 1881

.....of such electronic image and the truncated cheque sh all be a material alteration and it sh all be the duty of the bank or the clearing house, as the case may be, to ensure the exactness of the apparent tenor of electronic image of the truncated cheque while truncating and transmitting the image. ( 3 ) Any bank or a clearing house which receives a transmitted electronic image of a truncated cheque, sh all verify from the party who transmitted the image to it, that the image so transmitted to it and received by it, is exactly the same.] _____________________ 1. Section 89 renumbered as sub-section ( 1) thereof by Act 55 of 2002, sec. 5 (w .e.f. 6- 2- 2003). 2. Inserted by Act 55 of 2002, sec. 5 (w .e.f. 6- 2- 2003).

Dowry Prohibition Act, 1961 Section 6

Title: Dowry to Be for the Benefit of the Wife or Her Heirs

State: Central

Year: 1961

.....within such period as may be specified in the order, and if such person fails to comply with the direction within the period so specified, an amount equal to the value of the property, may be recovered from him as if it were a fine imposed by such Court and paid to such woman or, as the case may be, 3[her heirs, parents or children.] (4) Nothing contained in this section shall affect the provisions of section 3 or section 4. ________________________ 1. Substituted by Act 63 of 1984, Section 5, for "one year" (w.e.f. 2-10-1985). 2. Substituted by Act 63 of 1984, Section 5, for sub-section (2) (w.e.f. 2-10-1985). 3. Inserted by Act 43 of 1986, Section 5 (w.e.f. 19-11-1986). 4. Substituted by Act 43 of 1986, Section 5, for certain words (w.e.f. 19-11-1986). 5. Inserted by Act 63 of 1984, Section 5 (w.e.f. 2-10-1985). 6. Substituted by Act 63 of 1986, Section 5, for "her heirs" (w.e.f. 19-11-1986).

Hindu Succession Act, 1956 Section 10

Title: Distribution of Property Among Heirs in Class I of the Schedule

State: Central

Year: 1956

The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-- Rule 1.The intestates widow, or if there are more widows than one, all the widows together, shall take one share. Rule 2.The surviving sons and daughters and the mother of the intestate shall each take one share. Rule 3.The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share. Rule 4.The distribution of the share referred to in Rule 3 (i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters gets equal portions; and the branch of his predeceased sons gets the same portion; (ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.

Hindu Succession Act, 1956 Section 16

Title: Order of Succession and Manner of Distribution Among Heirs of a Female Hindu

State: Central

Year: 1956

The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestates property among those heirs shall take place, according to the following rules, namely:-- Rule 1.Among the heirs specified in sub-section (1) of section 15, those in one entry shall be preferred to those in any succeeding entry and those including in the same entry shall take simultaneously. Rule 2.If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children alive at the time of the intestates death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestates death. Rule 3.The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and (e) of sub-section (1) and in sub-section (2) of section 15 shall be in the same order and according to the same rules as would have applied if the property had been the fathers or the mothers or the husbands as the case may be, and such person had died intestate in respect thereof immediately after the intestates death.