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Start Free TrialHindu 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.....
View Complete Act List Judgments citing this sectionThe Cochin Nayar Act, 1938 Complete Act
State: Kerala
Year: 1938
.....71 - Partition destroys, impartibility If a partition takes place in any tarwad mentioned in section 66, the provisions of this Chapter shall ipso facto cease to apply to the units into which it is divided. Section 72 - Adoption when to be made Where a tarwad consists of only male members or of only female members past the period of child-bearing, or of both, the Karanavan may, with the consent in writing of all the other members of the tarwad make an adoption for the purpose of perpetuating the family. Such adoption may be of one or more females with or without males. Section 73 - Rights and duties of the adoptees The adoptees shall have in the adopted family all rights and duties as appertain to the members born therein and shall be liable to take the customary Theetturam from His Highness the Maharaja. Section 74 - Marriages dissolved before Act XIII of 1095 came into force not affected by this Act Nothing in this Act shall:- (a) Confer any rights on the parties to, or off-spring of, a marriage dissolved before Act XIII of 1095, or (b) affect rules of Marumakkathayam law, custom or usage except to the extent hereinbefore expressly provided for. Section 75 -.....
List Judgments citing this sectionThe Muslim Marumakkathayam Act, 1939 Complete Act
State: Kerala
Year: 1939
THE MUSLIM MARUMAKKATHAYAM ACT, 1939 THE MUSLIM MARUMAKKATHAYAM ACT, 1939 [Act No. 17 of 1939] PREAMBLE Whereas it is expedient to define and amend in certain respects the law relating to family management, partition and succession among the [Substituted by Act 32 of 1963.] [Muslims] following the Marumakkathayam Law; it is hereby enacted as follows:- Section 1 - Short title (a) This Act may be called The [Substituted by Act 32 of 1963.] [Muslim] Marumakkathayam Act, [Substituted by Act 14 of 1951.] [1939] [Substituted by Act 32 of 1963.] (b) Extent.-- [Substituted by Act 32 of 1963.] [It shall apply to all Muslims following the Marumakkathayam Law, who are either domiciled in the State of Kerala, or have property situate within the State of Kerala.] Section 2 - Definitions In this Act, unless there is anything repugnant in the subject or context;- (a) "Anandravan" means any member of a tarwad or tavazhi, as the case may be, other than the karanavan. (b) "Karanavan" means the oldest major male member of a tarwad or tavazhi, as the case may be, in whom the right to management of its properties vests or in the absence of such a male member the.....
List Judgments citing this sectionThe Madras Marumakkattayam Act, 1932 Complete Act
State: Kerala
Year: 1932
.....among the members of the tarwad or tavazhi then living. Explanation 3.--The provisions of this section shall apply to a tarwad notwithstanding the fact that immediately before the commencement of the Madras Marumakkattayam (Amendment) Act, 1958, the tarwad was included in the Schedule or that the tarwad had been registered as impartible Explanation 4.--The provisions of this section shall apply to all suits for partition, appeals and other proceedings arising therefrom filed or proceeded with by members or their legal representatives and pending in the Courts immediately before the commencement of the Madras Marumakkattyam (Amendment) Act, 1958 and such suits, appeals and other proceeding shall be disposed of in accordance with the provisions of this section as if this section were in force at the time of the institution of such suits, appeals or other proceedings] Section 39 - Partition on change of Religion Substituted by of Act 26 of 1958 [Any member of a tarwad or tavazhi who has changed his or her religion may claim or be compelled by any other member of the tarwad or tavazhi, to take his or her share of all the tarwad or tavazhi properties over which the tarwad or.....
List Judgments citing this sectionAgricultural Income-tax Act, 1957 Chapter 4
Title: Return of Income, Assessment, Etc.
State: Karnataka
Year: 1957
.....the prescribed manner, pay in advance the full amount of tax payable by him on the basis of such return and shall furnish along with the return satisfactory proofof the payment of such tax. After the assessment is made under section 19 the amount of tax so paid shall be deemed to have been paid towards the tax so assessed and excess amount, if any, paid shall be refunded to such person. (b) If after the assessment under section 19 it is found that the tax paid under clause (a) was less than the tax payable by more than twenty-five per cent, the3 [Assistant Commissioner of Agricultural Income-tax] may direct such person to pay in addition to the tax, by way of penalty, a sum9 [equal to twenty four per cent per annum of the amount of tax so paid short calculated from the date of expiry of the year to which such taxrelates:] 10 [Provided that in the case of a person whose total agricultural income as determined by the3 [Assistant Commissioner of Agricultural Income-tax] is less than twenty thousand rupees, the penalty imposed shall not exceed one hundredrupees.]] 11 [Provided further that no penalty under this sub-section shall be imposed unless the assessee affected has had a.....
View Complete Act List Judgments citing this sectionAgricultural Income-tax Act, 1957 Section 30
Title: Assessment After Partition of a Hindu Undivided Family
State: Karnataka
Year: 1957
.....Act in respect of assessment, re-assessments or revisions or within one year from the date of the commencement of the Karnataka Taxation Laws (Amendment) Act, 1994 whichever is later. (5) Where an assessment is to be made under sub-section (4), the Agricultural Income-tax Officer may serve on the person whose agricultural income is to be assessed, a notice containing all or any of the requirements which may be included in a notice under sub-section (2) of section 18 and the provisions of the Act shall, so far as may be, apply accordingly as if the notice were a notice issued under that sub-section.] _______________________ 1. Substituted by Act 5 of 1993 w.e.f. 9.11.1992. 2. Inserted by Act 23 of 1985 w.e.f. 1.10.1957 and Substituted by Act 19 of 1989 w.e.f. 1.10.1957. 3. Inserted by Act 18 of 1994 w.e.f. 1.10.1957. 4. Inserted by Act 18 of 1994 w.e.f. 1.4.1994.
View Complete Act List Judgments citing this sectionThe Kerala Court of Wards Act, 1967 [1] Complete Act
State: Kerala
Year: 1967
.....cease to carry interest from the expiration of the period prescribed by section 36, and shall not be paid until after the discharge or satisfaction of the claims notified or admitted under section 37. 41. Inadmissibility in evidence of documents not produced .-No document in the possession or under the control of the claimant which should have been but has not been produced in accordance with the requirements of section 37, shall be admissible in evidence against the ward or his representative in any suit brought by or against the claimant, or any person claiming under him, unless it be proved to the satisfaction of the civil court that it was not within his power to produce such document before the Collector. 42. When mortgagee in possession may be dispossessed .-(1) When any property of a ward is in the possession of a mortgagee, or any person claiming under a mortgagee, the Government may, on being satisfied that it is expedient in the public interest that the estate should be preserved and such incumbrancer should deliver up possession of the mortgaged property, make a declaration to that effect, and direct the court to take possession thereof; the court shall.....
List Judgments citing this sectionHindu Succession Act, 1956 Complete Act
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 (16 of 1908) or partition effected by a decree of a court.] Substituted by the Hindu Succession (Amendment) Act, 2005, sec.3 STATEMENT OF OBJECTS AND REASONS [The Hindu Succession.....
List Judgments citing this sectionThe Tamil Nadu Marumakkattayam (Removal of Doubts) Act, 1955 Complete Act
State: Kerala
Year: 1955
.....Marumakkattayam (Removal of Doubts) Act, 1955. It shall apply to all persons governed by the Tamil Nadu Marumakkattayam Act, 1932 (Tamil Nadu Act XXII of 1933). Section 2 - Certain kinds of sthanam properties declared to be tarwad properties Notwithstanding any decision of Court, any sthanam in respect of which- (a) there is or had been at any time an intermingling of the properties of the sthanam and the properties of the tarwad, or (b) the members of the tarwad have been receiving maintenance from the properties purporting to be sthanam properties as of right, or in pursuance of a custom or otherwise, or (c) there had at any time been a vacancy caused by there being no male member of the tarwad eligible to succeed to the sthanam, shall be deemed to be and shall be deemed always to have been a Marumakkattayam tarwad and the properties appertaining to such a sthanam shall be deemed to be and shall be deemed always to have been properties belonging to the tarwad to which the provisions of the [Pub. in Fort. St. George Gazette, Part IV-A, dated 10-8-1955.] [Tamil Nadu] Marumakkathayam Act, 1932 (Tamil Nadu Act XXII of 1933), shall apply. Explanations.--All words.....
List Judgments citing this sectionAgricultural Income-tax Act, 1957 Chapter 2
Title: Charge of Agricultural Income-tax
State: Karnataka
Year: 1957
.....regard to tea, coffee and rubber 8. Assessment of agricultural income in regard to tea,1[coffee and rubber] In the case of cultivation and manufacture of tea,1[coffee and rubber] the agricultural income for the purposes of this Act shall be deemed to be that portion of the income from cultivation, manufacture and sale computed under the2[Income-tax Act, 1961 (Central act 43 of 1961)] which is excluded from taxation under that Act as being agricultural income, after deducting from the said portion any allowance authorized by this Act in so far as the same has not been allowed in the computation of the income for the purposes of the2[Income-tax Act, 1961 (Central Act 43 of 1961)] ________________________ 1. Inserted by Act 7 of 2003 w.e.f. 1.4.2002 2. Substituted by Act 29 of 1976 w.e.f. 1.4.1975 Section 9 - Assessment of a Hindu undivided Family (1) The total agricultural income of a Hindu undivided family shall be treated as the income of one individual and assessed as such. (2) In the case of a Marumakkattayam tarwad or Aliyasantana family, the total agricultural income of the tarwad or family shall be assessed on the karnavan of the tarwad or the manager of.....
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