Judgment Search Results Home > Cases Phrase: hindu succession amendment act 2005 section 4 omission of section 23 Court: andhra pradesh Page 1 of about 3,152 results (0.228 seconds)

Prathipati Jogayyamma Vs. 1. Vobhilineni Veera Venkata Satyanaraya

Court : Andhra Pradesh

..... in occupation of members of joint family for their residence jointly and that therefore section 23 of the hindu succession act, 1956 (in short, the 1956 act) is not applicable to the said property. it is further contended that during pendency of this second appeal, the hindu succession (amendment) act, 2005 (in short, the 2005 act) came into force and section 4 thereof omitted section 23 of the 1956 ..... act which is the principal act and that it resulted in taking away of restriction contained in section 23 of the 1956 act. 6. on the other hand, it is contended by the respondents .....

Burugupalli Seshara Vs. 1.Sirigina Ramalakshmi and Other

Court : Andhra Pradesh

..... of the counsel for the appellant18 the learned counsel for the appellant contended that subsequent to the decision in the suit, parliament had amended hindu succession act, 1956 by the hindu succession amendment act 39 of 2005 making daughters also coparceners and declaring them to be entitled to a share in the joint family properties; therefore the ..... considered by the supreme court in g.sekar (3 supra). the supreme court held that the omission of section 23 of the hindu succession act, 1956 by section 3 of the hindu succession amendment act, 2005 would no doubt have prospective operation. but in view of the nature of the said provision it could affect pending proceedings ..... had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not. (4) after the commencement of the hindu succession (amendment) act, 2005, no court shall recognize any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his .....

S. Narayana Reddy and Others Vs. S. Sai Reddy

Court : Andhra Pradesh

Reported in : AIR1990AP263

..... decree was passed declaring the shares of the parties, it is not open to the unmarried daughters to claim shares in those properties by virtue of the amended provisions of the hindu succession act, 1956.6. the contention that has been raised on behalf of the daughters who are respondents 6 to 9 in the lower court is that the ..... court below failed to take into consideration the amended provisions of the hindu succession act correctly. the lower court also failed to take note that it is a settled law that a suit for partition of the joint family properties should ..... disposition;(iv) nothing in clause (ii) shall apply to a daughter married prior to or to a partition which had been effected before the commencement of the hindu succession (andhra pradesh amendment) act, 1986.'10. now we have to consider the meaning of the words 'partition which had been effected' occurring in clause (iv) of s. 29-a of .....

G. Valli Alias Rayaprolu Vs. State of Andhra Pradesh and anr.

Court : Andhra Pradesh

Reported in : AIR2004AP174; 2004(4)ALT59

..... 96 of 1994 respectively. the second respondent is the declarant. he was declared as a surplus holder. his daughters valli and saroja contended that by virtue of the amendment brought to hindu succession act in the year 1986, they are entitled for share in the property of the declarant on par with the sons, and if their shares are excluded, the ..... 1959 and her marriage was performed on 7-10-1987. smt. saroja was born on 30-11-1961 and her marriage was performed on 6-3-1988.the amendment to the hindu succession act, 1956 came into force on 5-9-1985, therefore they are entitled to equal shares along with their brothers and father. they requested to exclude 1/4th ..... 1-1-1975.7. it was represented by the learned government pleader for land reforms that though the revision petitioners remained unmarried by the date of the amendment to the hindu succession act came into force, they were minors as on 1-1-1975 and therefore, they cannot be treated as the person entitled for separate holding under the .....

Damalanka Gangaraju and ors. Vs. Nandipati Vijaya Lakshmi and ors.

Court : Andhra Pradesh

Reported in : 2007(4)ALD694

..... statement of objects and reasons it was mentioned:the hindu succession act, 1956 has amended and codified the law relating to intestate ..... not have been taken place.35. the parliament obviously after taking cognizance of the amendments made by states of andhra pradesh besides tamil nadu, karnataka and maharashtra, amended section 6 of the hindu succession act in tune with section 29-a barring some exceptions by way of amendment act 39 of 2005 to the hindu succession (amendment) act, 1956, which came into force with effect from 9.9.2005. in the .....

N. Jangi Reddy and ors. Vs. Yellaram Narsimha Reddy and ors.

Court : Andhra Pradesh

Reported in : 2008(3)ALD39; 2008(4)ALT567

..... statement of objects and reasons it was mentioned:the hindu succession act, 1956 has amended and codified the law relating to intestate ..... nos. 35 to 42 as hereunder:the parliament obviously after taking cognizance of the amendments made by states of andhra pradesh besides tamil nadu, karnataka and maharashtra, amended section 6 of the hindu succession act in tune with section 29-a barring some exceptions by way of amendment act 39 of 2005 to the hindu succession (amendment) act, 1956, which came into force with effect from 9.9.2005. in the .....

Peri Bhaskararao and ors. Vs. Sathi Adilakshmi

Court : Andhra Pradesh

Reported in : AIR2006AP212

..... came to know that the 1st defendant has got an unmarried daughter who is 18th defendant who was not added in the agreement. subsequently by virtue of hindu succession amendment act of 1986 she also became entitled to a share. similarly 3rd defendant also got an unmarried daughter who is 24th defendant and she is also a necessary ..... had attained majority and had chosen to contest the litigation. the learned counsel also made certain submissions on the aspect of succession of the respective shares under the provisions of me hindu succession act 1956 as amended subsequent therein. the learned counsel also pointed out that the 34th defendant was not a party to ex. a-1 and ..... its discharge whatever the reason behind. in vanimisatti anil kumar v. jayavarapu krishna murty : air1995ap105 , it was held that in the a.p. amendment to hindu succession act came into force during the pendency of the suit for specific performance, the rights of daughters of vendor getting share in suit property according to .....

Parchuri Sambasiva Rao and ors. Vs. Parchuri Srinivasarao and ors.

Court : Andhra Pradesh

Reported in : 2007(4)ALD801; 2007(5)ALT770

..... 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.(5) nothing contained in this section shall apply to a partition, which has been effected before the 20th day of december, ..... be allotted to the child of such predeceased child of the predeceased son or a predeceased daughter, as the case may be.(4) after the commencement of the hindu succession (amendment) act, 2005, no court shall recognize any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, grand ..... of such son, grand son or great-grand son to discharge any such debt:provided that in the case of any debt contracted before the commencement of the hindu succession (amendment) act, 2005, nothing contained in the sub-section shall affect-(a) the right of any creditor to proceed against the son, grand son or great-grand son .....

Yarlagadda Tulasamma and ors. Vs. Yarlagadda Pardhasaradhi Venkata Sur ...

Court : Andhra Pradesh

Reported in : 2009(3)ALT713

..... there of provides that save as otherwise expressly provided in the act any text, rule or interpretation of hindu law or any custom or usage as part of that law in force ..... limited ownershipa concept not unknown to hindu law. this limited right of the hindu widow becomes an absolute interest in view of section 14(1) and the explanation appended to it.there is an alternative angle from which the question may be considered. now the hindu succession act, 1956 has been enacted to amend and codify the law relating to intestate succession amongst the hindus. section 4 .....

Sundari Dharmanna Vs. Narsu Bai and anr.

Court : Andhra Pradesh

Reported in : 1997(4)ALT803

..... class who claims through such female relative, the interest of the deceased in the mitakshara copracenary property shall devolve by testamentary or intestate succession as the case may be, under this act and not by survivorship'.26. by hindu succession (andhra pradesh) amendment act, 1986, chapter ii-a was inserted, to be effective from 5-9-1985. under the said chapter, section 29a deals with equal ..... rights to daughter in coparcenary property and lays down as follows :-29-a. 'notwithstanding anything contained in section 6 of this act:-(a) in a joint hindu family governed by mitakshara law, the .....