Judgment Search Results Home > Cases Phrase: hindu succession amendment act 2005 section 4 omission of section 23 Court: andhra pradesh Page 11 of about 3,152 results (0.191 seconds)

Veeramallayyagari V. Sitaram Vs. Payala Chandrasekhar, Minor Guardian ...

Court : Andhra Pradesh

Reported in : 2001(6)ALD143

..... , the first defendant. the first defendant had two sons reddeppa and chandrasekhar and one daughter reddemma. the first son reddeppa died when he was 19 years and as per hindu succession act all the properties that may have fallen to the share of reddeppa devolved to his mother, the first plaintiff. as such, the first plaintiff and the first defendant who ..... of the minor second plaintiff as per the order dated 9-11-1979 in i.a.no.778 of 1979. kondappa also died on 24-11-1979. therefore, an amendment was sought and ordered in the plaint to the effect that after the death of mallamma and kondappa, the minor plaintiff is entitled to 11/18th share whereas sixth ..... b4 and therefore he cannot seek any injunction in the suit. adverting to ex.b.1 will, the learned counsel submits that under section 30 of the indian succession act, a hindu is entitled to dispose of his undivided share by will and therefore the will executed by kondappa bequeathing his l/3rd share in the joint family property in equal .....

Laxama Reddy and ors. Vs. the State of A.P.

Court : Andhra Pradesh

Reported in : 1992(2)ALT169

..... as per orders dated april 16, 1987. alleging that the effect of section 29(a) of hindu succession act as amended by a.p. amendment act 1986 and the effect of section 4(a) of a.p. land reforms act, 1973 (herein after referred to as 'the act') were not considered the father and two sons (hereinafter referred to as the declarants) filed review c ..... corrected under section 152, civil procedure code. in such cases even the documents on the basis of which the suit was filed may be amended either in a suit under section 31 of the specific relief act or in a proper case even by an application under section 152 civil procedure code provided it is a case of misdescription and not one ..... the plaint and as a consequence in the decrees as well, they can be rectified at any time even after a final decree. a case of such an amendment petition under section 152 civil procedure code filed in a pending suit even after a preliminary decree is passed therein, is as fortiorari case.'this was a case where the .....

Sivareddy Subba Rao and ors. Vs. Sivareddy Ganemma

Court : Andhra Pradesh

Reported in : 2007(1)ALD803

..... the plaintiff has became absolute owner of the property given to her under the compromise decree and she is entitled for the same under section 14 of the hindu succession act 1956 ?(2) whether the arrangement after compromise decree pleaded by the defendants is true, valid and binding on the plaintiff ?(3) whether the plaintiff 's ..... appellate court frmaed the following points for consideration:(1) whether the plaintiff became the absolute owner of the suit property by operation of section 14(1) of the hindu succession act, 1956 and is entitled to recover the same from the defendants ?(2) whether the plaintiff 's claim is barred by time ?(3) whether the judgment and ..... is a bona fide purchaser for value.11. defendants 2 to 6 filed a memo of adoption.12. during the pendency of the suit, the plaintiff amended the plaint praying for the relief of partition and separate possession and defendants filed additional written statement taking a stand that the decree became unenforceable and they had .....

Shanta Devi and ors. Vs. Ramlal Agarwal

Court : Andhra Pradesh

Reported in : 1998(2)ALD236; 1998(1)ALT582; II(1998)DMC199

..... of sound mind are entitled in succession to give the girl in marriage.'this commentary given by the learned author and relied on by the learned counsel for the plaintiff-respondent herein holds good before the child marriage restraint (amendment) act, 1978 came into force. section 6 of the hindu marriage act and the commentary cited above has ..... for the purpose of marriage was necessary. the position is totally changed because of the child marriage restraint (amendment) act of 1978. the concept of giving the daughter in marriage is totally abolished.18. while performing hindu marnage the priest would chant vedle manthras. one of the manthras says : v'vo.kz fro;a du ..... was necessary as the minor was incompetent to give consent. but since the amendment in child marriage restraint (amendment) act of 1978 the daughter/girl cannot be married unless she completes me age of 18 years and therefore section 6 of hindu marriage act was deleted.17. i am in agreement with the submission made by the .....

Nemani Rajamani and ors. Vs. Nemani Surya Kantham and ors.

Court : Andhra Pradesh

Reported in : 2007(6)ALD224

..... father of plaintiffs 2 to 4. late nemani simhachalapathi rao died intestate on 17.6.1983 possessed of a to d schedule properties. under the provisions of the hindu succession act, 1956, plaintiffs 1 to 4 and defendants 1 to 6 are each entitled to a share in the plaint a to d schedule properties equally. the plaint schedule ..... is not maintainable under law. the surname of the plaintiffs 1 to 4 is wrongly and mischievously mentioned as nemani instead of kolluri. their surname has to be amended accordingly. the plaintiffs, with a mischievous motive to claim certain rights in the plaint schedule adopted the surname nemani in the short and long cause titles of the ..... wife, the children to her can at best to be considered as illegitimate children of simhachalapathi rao and they have no right of succession in the properties of late nemani simhachalapathi rao, in view of the succession act, 1956. therefore, in any view of the matter either all or any of the plaintiffs are not entitled to claim any .....

Gajula Ratnaji Vs. Boppana Veera Prabhavathi and anr.

Court : Andhra Pradesh

Reported in : 2006(6)ALD789; 2007(1)ALT312

..... not entitled for declaration of title in respect of the plaint c schedule property. however, as the alleged adoption took place prior to the andhra pradesh amendment to hindu succession act and as conceded by the learned counsel if the adoption is proved the plaintiff is entitled for 1/2 share alones, and as the adoption is ..... evidence as appreciated by the court below is as to whether the factum of adoption has been proved or not.34. under the hindu adoptions and maintenance act, 1956 (for short 'the act') no doubt the adoptive parents are qualified and entitled to adopt the plaintiff and the natural parents are also entitled to give the ..... jayamm reddy v. mokkala padmavathamma : 2001(5)ald402 . even the transfer of immovable property by way of pasupu kumkuma requires requisite registration under the registration act. the transfer of property towards pasupu kumkuma is a gift of immovable property, the consideration whereof would be love and affection could come within the meaning of .....

Thonduri Changa Reddy Vs. Chillakuru Chandra Sekhara Reddy

Court : Andhra Pradesh

Reported in : 2006(1)ALT175

..... true without, however, conceding thereto, thonduru lakshmamma having statutorily matured is owner of the plaint schedule property by the operation of section 14(1) of the hindu succession act. admittedly, as per the contentions even of the very plaintiff, she alone is competent to seek recovery of possession of the plaint schedule property from the ..... proved unless and until there is a positive evidence to that effect. in the absence of any pleading in the original written statement or in the earlier amended written statement, such pleadings would definitely cause prejudice to the interest of the petitioner-plaintiff.6. in this regard, the learned counsel for the petitioner ..... is squarely applicable to the issue raised in this revision. i am of the considered opinion that the learned senior civil judge grossly erred in allowing the amendment of the written statement with such pleas. neither it is permissible under the law nor it is desirable in the interests of justice.7. accordingly, .....

V. Suvarna Vs. Vadla Krishnaiah (Died) by Lr

Court : Andhra Pradesh

Reported in : 2004(6)ALD539; 2004(6)ALT684

..... as where a son-in-law is brought on illetum, or where a family settlement is made, and the like. in the recent past, section 29 of the hindu succession act was amended, insofar as it applies to the state of andhra pradesh, providing for equal shares to daughters also. earlier to that, the parents felt a pious and social obligation ..... unregistered gift deed. the petitioner claims that, through the document in question, her father gave the suit schedule property to her, towards 'pasupu kumkuma'. the family of a hindu is so structured that while a son continues the pedigree, the daughter migrates to another family, on her marriage. she virtually leaves the abode of the parents, and ..... the matter with reference to the various decided cases, and held that transfer of land, by a hindu, in favour of his daughter, or sister, as a marriage provision, is not a gift within the meaning of section 122 of the act. this decision was overruled by a full bench of this court in gandevalla jayaram reddy's case .....

Padala Prasad and Others Vs. Padala Anandarao and Others

Court : Andhra Pradesh

..... alienate the share, particularly when the property has been partitioned and entries made in the revenue record of rights. the property, which devolved under section 8 of the hindu succession act, 1956 would not be huf in his hand viz-a-vis his own son, if that be the position then the property which devolving upon the father of the ..... a plain reading of the plaint indicates that the properties are the self- acquired properties of the third respondent to which he succeeded according to section 8 of the hindu succession act, 1956 and if that is so, during his life time the respondents 1 and 2 are not entitled to claim any share in the property and thus, ..... of 2006 is set aside. the revision petitioners are impleaded as defendants in the suit. the respondents 1 and 2 (plaintiffs) are directed to carry out necessary amendment in the plaint and the trial court is directed to proceed with the trial of the suit after affording opportunity to the revision petitioners to file written statement and .....

Duddhela Subbamma (Died) and ors. Vs. D.S. Krishna Murty and anr.

Court : Andhra Pradesh

Reported in : AIR1967AP8

..... it was contended before our learned brother seshachelapati j, that on the death of munemma in 1939, the property devolved upon subbamma under section 2 of the hindu law of inheritance (amendment) act (11 of 1929) as any alienation made by the widow munemma, a life estate holder was not binding on her.our learned brother in agreement with ..... statutory provisions. according to him therefore, munemma being a mere life estate holder her arrangement under ex. a-1 could continue only till her death and when succession to the last male-holder opened on her death subbamma could claim the property as the nearest reversioner. in fact her possession must be referable only to this ..... it is left to the reversioner to take steps for its avoidance or abide by it. he can accept it whether at the time the succession opens or even earlier by his declaration, positive act or conduct. for either positions our learned brother has referred to the authorities. for the first position, we may refer to bijoy gopal .....