Judgment Search Results Home > Cases Phrase: hindu succession act 1956 section 26 converts descendants disqualified Page 5 of about 456 results (0.167 seconds)

Shanmughasundarathammal Vs. Narayana Konar and ors.

Court : Chennai

Reported in : (1972)2MLJ336

..... the learned judge in that case held that as section 8 of the hindu succession act is not retrospective in operation and as the death referred to in section 8 does not mean the fictional death which happens on the termination of the life estate, but the actual physical death of the last male holder, hindu law in force before the commencement of the act has to be applied in view of the saving provision contained in section 4(2) of the hindu succession act, and that section 8 should apply only in case of death of the last male ..... holder occurring subsequent to the enactment of the said act ..... in that case the last male holder died in 1948 and his widow who succeeded to his estate died on 1st june, 1958 after the commencement of the hindu succession act on 17th june, 1956. ..... after the death of somu ammal the suit property is claimed by the plaintiff as 'the nearest heir of sudalaimuthu as per the provisions of the hindu succession act, 1956.2. .....

Smt Padmavati W/o. Late M K Ananthaswamy Vs. Smt Ramamani W/o. Late M ...

Court : Karnataka

..... in view of the aforesaid specific provision under the hindu succession act, it is clear that the 21 provisions of section 2 of the hindu widow remarriage act, 1856, relied upon by the first appellate court has no force of law and as per section 4 of the hindu succession act, 1956, the said act overrides the provisions of law prior to its commencement. ..... the trial court erred in not applying section 24 of the hindu succession act, 1956 as it then stood to the case on hand. ..... 9.9.2005 for all practical purposes, it should be construed that section 24 43 is also repealed on and from the date of enactment of hindu succession act, 1956.50. ..... being aggrieved by the same, the first defendant is in appeal on the following grounds: the trial court has erred in not appreciating that sec.24 of the hindu succession act 1956 as it then stood disentitled respondent no-1 from inheriting the property of sri keshavamurthy rao. ..... 24 of the hindu succession act, 1956 cannot have 10 the effect of opening flood gates entitling those otherwise disqualified from succeeding to the property of the deceased. ..... section 3(j) of the act defines related as related by legitimate kinship but the proviso thereto states that illegitimate children shall be deemed to be related to their mother and to one another, and their legitimate descendants shall be deemed to be related to them and to one another and that any word expressing relationship or denoting a relative shall be construed accordingly. .....

Rakesh JaIn Vs. Suresh Kumar Kohli and anr.

Court : Delhi

..... this positon is amply clear from the fact that even under section 19 of the hindu succession act, 1956 which prescribes the mode of succession of two or more heiers proves that if two or more heirs succeed together to the property of an intestate they shall take the property as tenants in common and not as joint tenants and in spite of ..... pandey (supra), the rights under the provisions of section 19 of hindu succession act, 1956 was not the subject matter, consequently, the view proceeded on the basis that the heirs of the ..... my considered view the right vested in section 19 of the hindu succession act 1956, has not been discussed; or distinguished ..... however, in the present case, in view of section 19(b) of the hindu succession act, 1956, there can be no dispute that the tenancy in the present case is not joint tenancy but tenants-in-common ..... 163 (supra) this court specifically noted the relevant provision of law pertaining to the tenancy as has been contemplated in the hindu succession act, 1956; and reached to a different conclusion which prima facie appears in contradiction with the statute mentioned above. ..... relating to hindu succession envisaged in the hindu succession act, 1956 has significance. ..... not provide the method and manner in which the right of survivorship or devolution with respect to the legal heirs of landlord or tenant, as the case may be; naturally, then the provisions of succession act would be applicable, depending on the religion of the landlord or tenant.18. .....

Govindram Mihamal Vs. Chetumal Villardas

Court : Mumbai

Reported in : AIR1970Bom251; (1970)72BOMLR653; 1970MhLJ59

..... in that context, the kerala high court points out that the deceased member having left behind him a widow, sons and daughters, the proviso and the explanations to section 6 of the hindu succession act were attracted and the result was that the share of the deceased in the coparcenary property must be deemed to have been partitioned out immediately before his death and to have devolved on his ..... however, both courts unanimously held that the sarkat notes of 1953 and 1956 were in the nature of acknowledgments within the meaning of article 1 of schedule i of the stamp act, and in the absence of proper stamp, they were not admissible in evidence at ..... the first is whether the sarkat notes of 1953 and 1956 amount to acknowledgments within the meaning of article 1 of schedule i of the stamp act, or they are otherwise acknowledgments only for the purpose of section 19 of thelimitation act, the second point for consideration is whether the present suit by the plaintiff without impleading his sisters, either as plaintiffs or defendants, is legally maintainable ..... 'when i examined the wording of the two acknowledgments of 1953 and 1956 in the light of the above principle, i am satisfied on the wording as well as the surrounding circumstances that the dominant intention of the defendant was not to supply evidence of the ..... however, the two subsequent sarkat notes of 1953 and 1956 are being used by the plaintiff for the purpose of bringing the suit within limitation, as well as basing the claim on .....

Vellikannu Vs. R. Singaperumal and anr.

Court : Supreme Court of India

Reported in : AIR2005SC2587; 2005(5)ALLMR(SC)762; 2005(4)ALT28(SC); 2005(2)AWC1905(SC); 2005(2)BLJR1290; 100(2005)CLT766(SC); JT2005(5)SC234; (2005)4MLJ63(SC); (2005)141PLR334; RLW2005(3

..... this position of law was incorporated by way of section 25 of the hindu succession act, 1956 as quoted above, which clearly enunciates that a person who commits murder or abates the commission of murder shall be disqualified from inheriting the property of the person murdered, or any other property in furtherance of the succession to which he or she committed or abetted the commission of the murder. ..... the effect of section 25 read with section 27 of the hindu succession act, 1956 is that a murderer is totally disqualified to succeed to the estate of deceased. ..... the defendant-respondent no.1 son himself is totally disqualified by virtue of sections 25 and 27 of the hindu succession act and as such the wife can have no better claim in the property of the deceased, ramasamy konar. 25. ..... in fact, prior to the amendment of the hindu succession act, sections like 25 & 27 were not there but the murderer of his own father was disqualified on the principle of justice, equity and good conscience and as a measure of public policy. ..... family members then living and thereafter to be both ( see mitakshara, chaper i, 1-27) the incidents of coparcenership under the mitakshara law are: first the lineal male descendants of a person upto the third generation, acquire on birth ownership in the ancestral properties of such person; secondly that such descendants can at any time work out their rights by asking for partition; thirdly, that till partition each member has got ownership extending over the .....

Harbhaj Vs. Mohar Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1967P& H184

..... not disputed, and indeed it could not be, that a widow, who had parted with the property before the coming into force of the hindu succession act, the succession to that property would not be governed by section 15 of the hindu succession act, the reason being that she did not acquire an interest in that property under section 14 of the said act.the question remains whether the succession to that property would be governed by section 8 of the act which is the only other provision, dealing with the succession? ..... therefore, on her death, the succession would be governed by section 8 of the hindu succession act which was in force then.this is how i understand the true legal position and i am fortified, in my opinion, not only by decisions of this court but by the decisions of the privy council as well as of the ..... a female is in possession of the property she becomes its absolute owner, but if she had parted with the property before the coming into force of the hindu succession act, she does not become its absolute owner and the succession to that property has not to be traced from her, but it has to be traced from the last male-holder.the question, however, remains whether in such circumstances when she had already ..... difference it has made is that the widow in possession of the limited estate becomes its absolute owner tinder section 14 of the hindu succession act. ..... phusa died on the 18th of september, 1956, that is at the time when the lower appellate court decided the appeal she .....

Cherotte Sugathan (Died through LR's) and Ors. Vs. Cherotte Bharathi a ...

Court : Supreme Court of India

Reported in : AIR2008SC1467; 2008(3)ALLMR(SC)829; 2008(2)ALT8(SC); 2008(2)AWC1428(SC); (SCSuppl)2008(2)CHN126; 2008(2)CTC92; [2008(3)JCR173(SC)]; 2008(1)KLT846(SC); (2008)2MLJ926(SC); 2008AIRSCW1525; 2008(2)SCC610; 2008(2)CivilLJ491; 2008(2)Supreme321; 2008(3)LH(SC)1801; 2008(3)ICC55

..... patna high court opined:the hindu widows remarriage act, 1856 has not been repealed by the hindu succession act, 1956 but section 4 of the latter act has an overriding effect and in effect abrogates the operation of the hindu widows remarriage act, 1856. ..... as such the act of 1856 had its fullest application in the contextual facts in 1956 when section 14(1) of the hindu succession act was relied upon by defendant 1.we respectfully agree with ..... provision must be tested having regard to the provisions contained in hindu succession act, 1956. ..... to the applicability of the 1856 act, it was held:so far this case is concerned, according to us, section 24 of the hindu succession act applies and the plaintiff is entitled ..... the lower court was correct in holding that section 23 of the hindu succession act is not applicable to defendants 1 and 2. ..... section 4 of the hindu succession act all existing laws whether in the shape of enactments or otherwise shall cease to apply to hindus in so far as they are inconsistent with any of the provisions contained in this act ..... succession is not on the basis of will, then defendants 1 and 2 will be entitled to the benefit of section 23 of the hindu succession act ..... incidentally, section 24 of the succession act of 1956 placed certain restrictions on certain specified widows in the event of there being a remarriage; while it is true that the section speaks of a pre-deceased son or son of a pre-deceased son but this in our view is a reflection of the shastric law .....

Lakshmi Narayan Tudu @ Lakshmi Narayan Manjhi Vs. Smt. Basi Majhian an ...

Court : Jharkhand

Reported in : AIR2004Jhar121; [2004(3)JCR168(Jhr)]

..... further been submitted that as per the customary law of the santhals, the daughters are not the heir of jhuttu manjhi, deceased and succession in their case is patrilineal and section 2(2) of the hindu succession act, 1956 mandates that notwithstanding anything contained in sub-section (1) of section 2 of the said act, nothing contained in this act shall apply to the members of any scheduled tribes within the meaning of clause (25) of article 366 of the constitution unless the central government ..... the learned appellate court below has also held that the parties to the suit are sufficiently hinduised and they are governed by hindu law in the matter of inheritance and succession and section 6 of the hindu succession act, 1956 is applicable to them and the plaintiffs-respondent being the heirs of jhuttu manjhi has inherited his share in the suit property and thus they are entitled ..... now adverting to the contention of the learned counsel for the defendants-appellant it is essential to mention at the very outset that section 2(2) of the hindu succession act, 1956 mandates that notwithstanding anything contained in sub-section (1) nothing contained in this act shall apply to the members of any scheduled tribe, within the meaning of clause (25) of article 366 of the constitution unless the central ..... of the plaintiffs-respondent, in brief, is that parties to the suit are descendants of their common ancestor bhaktu manjhi deceased who died leaving behind his two sons, ..... the descendants of .....

Aruna and anr. Vs. Madhavva and ors.

Court : Karnataka

Reported in : AIR2005Kant422; ILR2005KAR5736

..... view of the aforesaid specific provision under the hindu succession act, it is clear that the provisions of section 2 of the hindu widow remarriage act, 1856, relied upon by the first appellate court has no force of law and as per section 4 of the hindu succession act, 1956, the said act overrides the provisions of law prior to its ..... after the hindu succession act, 1956 came into force and in view of section 4 of the hindu succession act, the provisions of the said act will have overriding effect over any other law in force immediately before the commencement of the act and there is a specific provision made in the hindu succession act as per section 24 regarding ..... section 24 of the hindu succession act, 1956 reads as ..... therefore, the finding of the first appellate court that in view of the provisions of section 2 of the hindu widow remarriage act, 1856, the first defendant is not entitled to succeed to the suit properties is clearly illegal and contrary to the provisions of section 24 of the hindu succession act and hence, the same is liable to be set aside and accordingly, i answer the substantial question ..... , after coming into force of the hindu succession act) leaving behind his wife madhavva, two daughters and a son and, therefore, in view of section 6 of the hindu succession act, if there was notional partition between bharamappa on the date of his death, the property has to be divided between bharamappa and his son mahaveer and since in a partition between father and son, .....

Chandrika Singh (Dead) by Lrs. and anr. Vs. Sarjug Singh and anr.

Court : Supreme Court of India

Reported in : 2007(1)AWC668(SC); [2007(3)JCR182(SC)]; 2006(13)SCALE408

..... once it was found that koleahra devi was possessed of the land in question in lieu of her right of maintenance, in our opinion, sub-section 1 of section 14 of the hindu succession act, 1956 will clearly be attracted.8. ..... it was inter alia held that koleshra devi being possessed of the share which vested in her on the death of her husband damoder in lieu of maintenance, she became the absolute owner in terms of section 14(1) of the hindu succession act, 1956. ..... of the earlier decree, the court held that since the widow continued to be in possession of the property even after the declaratory decree obtained by the reversioners because of the enlarged rights she got under the hindu succession act, 1956 which made her the absolute owner of the property, the gifts of the property made by her to her adopted sons in the year 1970 could not be set aside.12. ..... it was at this juncture that parliament stepped in and enacted various statutes like the hindu marriage act, 1956, the hindu adoption and maintenance act, 1956 and the hindu succession act, 1956 providing for intestate succession.18. ..... before passing of the hindu succession act 1956 she was limited owner and in that capacity she was competent enough to remain in possession of the lands recorded in the name of mewa mahto and after passing of the hindu succession act she became absolute owner. .....