Judgment Search Results Home > Cases Phrase: hindu succession act 1956 section 26 converts descendants disqualified Page 1 of about 456 results (0.157 seconds)

Sri Srinivas Kumar Mowle Vs. Chandra Shekhar Mowle and ors.

Court : Andhra Pradesh

Reported in : 1996(3)ALT659

..... support of their argument he brought to my notice section 26 of the hindu succession act, 1956 which reads as follows:section 26 convert's descendants disqualified:where before or after the commencement of this act, a hindu has ceased or ceases to be a hindu by conversion to another religion, children born to him or her after such conversion and their descendants shall be disqualified from inheriting the property of any of their hindu relatives, unless such children or descendants are hindus at the time when the succession open. ..... on the date of opening of succession a person remains to be hindu, he is entitled to the rights conferred under the hindu succession act.23. ..... a perusal of section 26 makes it clear that it only disqualifies the children born to a person who converted into another religion ..... 1975 on which date the succession opened the fourth defendant remained as hindu and he has not converted himself to islam religion. ..... was also held mat she is one of the three heirs on whom the suit property devolves by succession under section 12 of the act. ..... claimed the property as belonging to her mother, and entitled to them exclusively under sub-clause (i) of clause (1) of section 12 of the mysore hindu law women's rights act, 1933. ..... court held that the property belonged to the mother of kanakarathanammal and therefore, kanakarathanammal is entitled to the property under the act and that her father is not entitled to will away the property in favour of the beneficiaries under the will. .....

K.Sivanandam. Vs. Maragathammal

Court : Chennai

..... in view of the aforesaid reasons, i am of the considered opinion that a conjoint reading of section 4(1)(b) of the hindu succession act read with the caste disabilities removal act 1850 and section 14(1) of the hindu succession act 1956 clearly tells us that a hindu widow after the death of her husband does not lose her right of inheritance of her deceased husband's property when she converts to another religion by marrying a christian. ..... "a mere reading of the aforesaid section 14(1) of the hindu succession act 1956 would show that if a female hindu has possessed her property which she has acquired either before or after commencement of the hindu succession act 1956, she should be held to be the full owner thereof and not a limited owner. ..... (ii)whether right acquired by hindu widow under hindu women's right to property act, 1937, gets enlarged once she renounces hinduism and gets converted into christianity before coming into force of hindu succession act, 1956 (act 30 of 1956)?"7. ..... (iii) to find an answer to the second substantial question of law section 14(1) of the hindu succession act 1956 is extracted hereunder,"s.14 property of a female hindu to be her absolute property. ..... (ii) the learned counsel further contended that the conversion from hindu to christianity disqualifies the descendant of conversion from inheriting the property of any of their hindu religion under section 26 of the hindu succession act which deals with disqualification. .....

Suresh Babu Vs. Leela

Court : Kerala

Reported in : 2006(3)KLT891

..... section 26 provides that where, before or after the commencement of the hindu succession act, 1956, a hindu has ceased or ceases to be a hindu by conversion to another religion, children born to him or her after such conversion and their descendants shall be disqualified from inheriting the property of any of their hindu relatives, unless such children or descendants are hindus at the time when the succession opens ..... the absence of a custom to the contrary, succession to the estate of a convert to mahomedanism is governed by the mahomedan law. ..... hindu law also does not prohibit continuance of marital relationship even if one of the spouses ceases to be a hindu by conversion to another, religion, so long as the non converting spouse does not initiate proceeding under the hindu marriage act for divorce ..... second marriage by a convert would therefore be in violation of the act and as such void in terms of section 494 i.p.c. ..... therefore, hold that under the hindu personal law as it existed prior to its codification in 1955, a hindu marriage continued to subsist even after one of the spouses converted to islam. ..... the above provisions in the hindu marriage act would indicate that a petition for divorce on the ground that the respondent therein has ceased to be a hindu by conversion to another religion cannot be defeated even if the petitioner spouse had consented to the conversion or that he or she lived with the converted spouse after such conversion or that he or she was aware of such .....

Subramaniyan and Others Vs. Vijayarani and Others

Court : Chennai

Reported in : (2001)2MLJ444

..... 26 and 27 read as follows:'section 26: where before or after the commencement of this act, a hindu has ceased or ceases to be a hindu by conversion to another religion, children bom to him or her after such conversion and their descendants shalf be disqualified from inheriting the properly of any of their hindu relatives, unless such children or descendant are hindus at the time when the succession opens'. ..... also disputed the validity of the marriage of the first plaintiff with kuppusamy since the first plaintiff belongs to christian community, her children plaintiffs 2 to 5 are not entitled to inherit, the properties under the hindu succession act. ..... and 27 of the hindu succession act? ..... late r.sridharan, , wherein it is observed that under the codifying acts namely the hindu marriage act, 1955, the hindu succession act, 1956, the hindu minority and guardianship act, 1956 and the hindu adoptions and maintenance act, 1956, the orthodox concept of the term 'hindu' has undergone a radical change and it has been given an extended meaning ..... and 27 of the hindu succession acl. ..... 33 mad 342, that a marriage contracted according to hindu rites by a hindu with a christian woman who before marriage, is converted to hinduism is valid when such marriages are common among and recognised as valid by the custom of the caste to which the man belongs, although such marriage may not be in strict accordance with orthodox hindu religion. ..... , converts to hinduism, but also to a large number of other persons .....

Amar Singh and ors. Vs. Sewa Ram and ors.

Court : Punjab and Haryana

Reported in : AIR1960P& H530

..... adopted son is to be deemed in constructive possession of the property herself, then a widow making an invalid gift to her daughter and handing over possession of the property to her would also be in constructive possession of it, and if the main object of the hindu succession act, section 14, is to enlarge the estate and the power of a female owner in respect of her estate for the benefit of the female owner, as the supreme court has said, then there appears to me no justification for restricting the ..... . in one case a daughter, succeeding to her father's property, sold away a part of it before the hindu succession act, 1956, was enacted ..... 30) of 1956, (hereinafter referred to as the act), in regard to the position of a reversioner under hindu law, is--'are the collaterals (reversioners) of the last hindu male-holder, entitled to file or if filed already to continue, a suit, after the enforcement of the hindu succession act, challenging an allegation effected prior to the enforcement of the act, by an intervening female heir, who at the time of the alienation held only a widow's estate? ..... (14) the accepted and settled position under hindu law as also under custom before the date of the enforcement of the act, which is june 17, 1956, has been that in the case of a person, with restricted and controlled power of alienation over property, a reversioner after such person could impugn such person's alienation on certain grounds and obtain a declaration that the .....

Thirunavukkarasu Vs. Rajavel

Court : Chennai

..... section 8 of the hindu successions act, 1956 groups the heirs of a male intestate into four categories. ..... to understand the decree of relationship and its relevance, in hindu law of inheritence, it is necessary to read sections 8, 12 and 13 of hindu succession act together. ..... however, under section 8 of hindu succession act, only if no agnates exist, cognates will get property. ..... the succession among agnates and cognates is dealt under section 12 and 13 of the hindu succession act. ..... thus, the hindu succession act has very clearly prioritized the heirs for succession of the four groups of heirs. ..... 2) whether the claim of the plaintiff to trusteeship on the ground of propinquity with the deceased trustee is contrary to the rules of succession under law, accordingly priority to an agnate as against a cognate and the defendant as agnate is a nearer relative of the deceased trustee ? ..... whether the claim of the plaintiff to trusteeship on the ground of propinquity with the deceased trustee is contrary to the rules of succession under law, accordingly priority to an agnate as against a cognate and the defendant as agnate is a nearer relative of the deceased trustee ? 3. ..... the case of the plaintiff regarding the relationship and the partition deed ex a-1, the defendant contested the suit on the ground that, the heir referred in the partition deed dated 09.12.1949 marked as ex.a-1 refers to male descendants only. .....

Ram Chatterjee and anr. Vs. Smt. Tapati Mukherjee and anr.

Court : Kolkata

Reported in : (2002)3CALLT208(HC)

..... (b) the civil court while dealing with the case to pass necessary declaration disqualifying a person from succession in terms of section 25 of hindu succession act, 1956, is required to take evidence separately for reaching to a decision that the person concerned is a murderer to disqualify him from the line of succession in respect of the property left by the person who was murdered. ..... present case in hand, accordingly, the civil court has the power and jurisdiction to decide the question upon taking appropriate evidence as would be required for passing a declaration in terms of section 25 of the hindu succession act, 1956 to disqualify the husband defendant to inherit the property of the wife who was allegedly murdered by the husband. ..... in : air1977delhi97 wherein the single judge of delhi high court held that after acquittal of a person in the charge of murder under section 302 of indian penal code, there was no scope to reopen the matter by a civil court in adjudicating the proceeding to disqualify such acquitted person to inherit the property in terms of section 25 of hindu succession act, 1956, is distinguishable on its special facts of that case. ..... until a finding and/or adjudication is made by the criminal court to that effect, against the defendant husband, holding guilty of the charges, there was no scope to file any civil suit praying declaration in terms of section 25 of hindu succession act, 1956, disqualifying husband to be a successor to the property left by the wife. .....

Sarita Wd/O Hargovind Chauwhan Vs. Chetan S/O Hargovind Chauwhan and a ...

Court : Mumbai

Reported in : AIR2007Bom133

..... the reasons aforesaid, the impugned judgment passed by the civil judge, senior division, bhandara, on 1-10-2005 is hereby modified by applying the provisions of section 8 and 10 of the hindu succession act 1956. ..... of pendency of the criminal prosecution, it was stated on behalf of the respondents in the application for grant of succession certificate that the appellant-wife of hargovind chauwhan, who was also their mother, was disqualified from seeking succession certificate, in view of the provisions of section 25 of the hindu succession act. ..... section 25 of the hindu succession act : murderer disqualified - a person who commits murder or abets the commission of murder shall be disqualified from inheriting the property of the person murdered.in the instant case, it is not in dispute that deceased-hargovind chauwhan was murdered on 12-6-2002 at general hospital ..... of the clear acquittal of the appellant, it cannot be said that the appellant is a person, who has committed a murder or has abetted the commission of murder of deceased hargovind chauwhan and was, therefore,disentitled or disqualified to succeed to the property of hargovind under the provisions of section 25 of the hindu succession act. ..... the appellant would, therefore, not be disqualified under the provisions of section 25 of the hindu succession act, from succeeding to the estate of her deceased ..... in the facts and circumstances of the case, the appellant-wife was disqualified from inheriting property of her deceased husband? .....

Sarita Hargovind Chauwhan Vs. Chetan Hargovind Chauwhan and anr.

Court : Mumbai

Reported in : 2007(6)ALLMR814; 2008(2)BomCR926

..... aforesaid, the impugned judgment passed by the civil judge, senior division, bhandara, on 1-10-2005 is hereby modified by applying the provisions of sections 8 and 10 of the hindu succession act, 1956. ..... pendency of the criminal prosecution, it was stated on behalf of the respondents in the application for grant of succession certificate that the appellant wife of hargovind chauwhan, who was also their mother, was disqualified from seeking succession certificate, in view of the provisions of section 25 of the hindu succession act. ..... section 25 of the hindu succession act: murderer disqualified - a person who commits murder or abets the commission of murder shall be disqualified from inheriting the property of the ..... the clear acquittal of the appellant, it cannot be said that the appellant is a person, who has committed a murder or has abetted the commission of murder of deceased hargovind chauwhan and was, therefore, dis entitled or disqualified to succeed to the property of hargovind under the provisions of section 25 of the hindu succession act. ..... dn, decided the application under section 372 of the indian hindu succession act, the criminal prosecution launched against the appellant and others was pending before ..... the appellant would, therefore, not be disqualified under the provisions of section 25 of the hindu succession act, from succeeding to the estate of her ..... facts and circumstances of the case, the appellant wife was disqualified from inheriting property of her deceased husband? .....

Nahar Hirasingh and ors. Vs. Mst. DukalhIn and ors.

Court : Madhya Pradesh

Reported in : AIR1974MP141; 1974MPLJ257

..... in the light of these dictionary meanings attributed by the learned authors to the word 'tenure', we feel that the parliament while using the word 'devolution of tenancy rights' in section 4(2) of the hindu succession act, 1956, intended to use it in a broad and comprehensive sense so as to include devolution of all rights relating to tenancies, including those of tenure-holders and that there is no real distinction between the two, as was sought to be made out by ..... bench of the bombay high court in air 1966 bom 64 (supra) and the case of air 1968 madh pra 247 (supra), is that if we confine the meaning of the phrase 'devolution of tenancy rights' occurring in section 4(2) of the hindu succession act, 1956; in that event especially the tenancy legislation or tenure-holder legislation will be applicable to devolution of rights of tenants proper, such as occupancy tenants or absolute occupancy tenants envisaged by the c. p. ..... for this reason we feef that the distinction is not very real but imaginary and that the parliament while using the phrase in section 4(2) of the hindu succession act, 1956, meant to use it in a broadest possible sense so as to include all rights of devolution in relation to agricultural lands not only confined to tenancy rights, but also to tenure ..... , it was not, and could not be intention of the legislature to convert an absolute estate of a living bhumiswami into a limited estate in the circumstances specified therein by enacting section 164 of the code.46. .....