Bare Act Search Results

Hindu Succession Act, 1956 Complete Act

State: Central

Year: 1956

.....may be coiled the Hindu Succession Act, 1956. (2) It extends to the whole of India except the State of Jammu and Kashmir. SECTION 02: APPLICATION OF ACT (1) This Act applies- (a) to any person, who is a Hindu by religion in any of its forms or developments including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj, (b) to any person who is a Buddhist, Jaina or Sikh by religion, and (c) to any other person who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed. Explanation: The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:- (a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion; (b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged; (c) any person who is a convert.....

Hindu Succession Act, 1956 Chapter II

Title: Intestate Succession

State: Central

Year: 1956

.....the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the Hindu Succession (Amendment) Act, 2005 had not been enacted. Explanation.--For the purposes of clause (a), the expression "son", "grandson" or "great-grandson" shall be deemed to refer to the son, grandson or great-grandson, as the case may be, who was born or adopted prior to the commencement of the Hindu Succession (Amendment) Act, 2005. (5) Nothing contained in this section shall apply to a partition, which has been effected before the 20th day of December,2004 Explanation- For the purposes of this section "partition" means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 or partition effected by a decree of a court.] ________________________________ 1. Substituted vide Hindu Succession (Amendment) Act, 2005. Previous text was When a male Hindu dies after the commencement of this Act, having at the time of his death an interest in a Mitakshara coparceners property, his interest in the property shall devolve by survivorship upon the surviving members of the coparceners and not in accordance with.....

Hindu Succession Act, 1956 Section 29

Title: Failure of Heirs

State: Central

Year: 1956

Escheat If an intestate has left no heir qualified to succeed to his or her property in accordance with the provisions of this Act, such property shall devolve on the government; and the government shall take the property subject to all the obligations and liabilities to which an heir would have been subjected.

Companies Act, 1956 Section 535

Title: Disclaimer of Onerous Property in Case of a Company Which is Being Wound Up

State: Central

Year: 1956

.....or assignment for the purpose: Provided that, where the property disclaimed is of a lease-hold nature the1[Tribunal] shall not make a vesting order in favour of any person claiming under the company, whether as under-lessee or as mortgage or holder of a charge by way of demise, except upon the terms of making that person-- (a) subject to the same liabilities and obligations as those to which the company was subject under the lease in respect of the property at the commencement of the winding up; or (b) if the1[Tribunal] thinks fit, subject only to the same liabilities and obligations as if the lease had been assigned to that person at that date; and in either event (if the case so requires) as if the lease had comprised only the property comprised in the vesting order; and any mortgagee or under-lessee declining to accept a vesting order upon such terms shall be excluded from all interest in and security upon the properly, and, if there is no person claiming under the company who is willing to accept an order upon such terms, the1[Tribunal] shall have power to vest the estate and interest of the company in the property in any person liable, either personally or in a.....

Hindu Succession Act, 1956 Section 6

Title: Devolution of Interest of Coparcenary Property

State: Central

Year: 1956

.....of any creditor to proceed against the son, grandson or great-grandson, as the case may be; or (b) any alienation made in respect of or in satisfaction of, any such debt, and any such right or alienation shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the Hindu Succession (Amendment) Act, 2005 had not been enacted. Explanation.--For the purposes of clause (a), the expression "son", "grandson" or "great-grandson" shall be deemed to refer to the son, grandson or great-grandson, as the case may be, who was born or adopted prior to the commencement of the Hindu Succession (Amendment) Act, 2005. (5) Nothing contained in this section shall apply to a partition, which has been effected before the 20th day of December,2004 Explanation- For the purposes of this section "partition" means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 or partition effected by a decree of a court.] ________________________________ 1. Substituted vide Hindu Succession (Amendment) Act, 2005. Previous text was When a male Hindu dies after the.....

Hindu Succession Act, 1956 Section 7

Title: Devolution of Interest in the Property of a Tarwad, Tavazhi, Kutumba, Kavaru or Illom

State: Central

Year: 1956

.....share shall be deemed to have been allotted to him or her absolutely. (2) When a Hindu to whom the aliyasantana law would have applied if this Act had not been passed, dies after the commencement of this Act, having at the time of his or her death an undivided interest in the property of a kutumba or kavaru, as the case may be, his or her interest in the property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not according to the aliyasantana law. Explanation.For the purposes of this sub-section, the interest of a Hindu in the property of kutumba or kavaru shall be deemed to be the share in the property of the kutumba or kavaru as the case may be, that would have fallen to him or her if a partition of that property per capita had been made immediately before his or her death among all the members of the kutumba or kavaru, as the case may be, then living, whether he or she was entitled to claim such partition or not under the aliyasantana law, and such share shall be deemed to have been allotted to him or her absolutely. (3) Notwithstanding anything contained in sub-section (1), when a sthanamdar dies after the commencement.....

Hindu Succession Act, 1956 Section 14

Title: Property of a Female Hindu to Be Her Absolute Property

State: Central

Year: 1956

(1) Any property possessed by a Female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation.In this sub-section, "property" includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act. (2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.

Companies Act, 1956 Section 477

Title: Power to Summon Persons Suspected of Having Property of Company, Etc.

State: Central

Year: 1956

.....in such manner and on such terms as to the1[Tribunal] may seem just. ( 7 ) Orders made under sub-sections (5) and (6 ) shall be executed in the same manner, as decrees for the payment of money or for the delivery of property under the Code of Civil Procedure, 1908 (5 of 1908) respectively. (8) Any person making any payment or delivery in pursuance of an order made under sub-section (5) or sub-section (6) shall by such payment or delivery be, unless otherwise directed by such order, discharged from all liability whatsoever in respect of such debt or property.] _____________________ 1. Substituted by Act 11 of 2003, Section 77, for "Court". 2. Inserted by Act 65 of 1960, Section 176 (w.e.f. 28-12-1960).

COMPANIES ACT, 1956 Section 456

Title: Custody of company's property

State: Central

Year: 1956

.....actionable claims, books of account or other documents and deliver possession thereof to the liquidator or the provisional liquidator. ( 1B ) For the purpose of securing compliance with the provisions of sub-section (1A), the Chief Presidency Magistrate or the District Magistrate may take or cause to be taken such steps and use or cause to be used such force as may in his opinion be necessary.] ( 2 ) All the property and effects of the company shall be deemed to be in the custody of the2[Tribunal] as from the date of the order for the winding up of the company. _____________________ 1. Inserted by Act 65 of 1960, Section 169 (w.e.f. 28-12-1960). 2. Substituted by Act 11 of 2003, Section 66, for "Court".

Companies Act, 1956 Section 588

Title: Directions as to Property in Certain Cases

State: Central

Year: 1956

( 1) If an unregistered company has no power to sue and be sued in a common name, or if for any reason it appears expedient the1[Tribunal] may, by the winding up order or by any subsequent order direct that all or any part of the property, movable or immovable (including actionable claims), belonging to me company or held by trustees on its behalf, shall vest in the Official Liquidator by his official name; and thereupon the property or the part thereof specified in the order shall vest accordingly. ( 2) The Official Liquidator may, after giving such indemnity, if any, as the1[Tribunal] may direct, bring or defend in his official name any suit or legal proceeding relating to that property, or which it is necessary to bring or defend for the purpose of effectually winding up the company and recovering its property. _____________________ 1. Substituted by Act 11 of 2003, Section 116, for "Court".