Judgment Search Results Home > Cases Phrase: hindu succession amendment act 2005 section 4 omission of section 23 Court: andhra pradesh Page 3 of about 3,152 results (0.313 seconds)

Vanimisatti Anil Kumar and Others Vs. Jayavarapu Krishna Murty and Oth ...

Court : Andhra Pradesh

Reported in : AIR1995AP105

..... son (d. 2) of the 1st defendant. they filed a separate written statement, on 20-11-1990, claiming that they are unmarried, and under the amending act to the hindu succession act, they are also entitled to a share in the property, and the suit agreement ex. a.1 is not binding on them. they have pleaded that the ..... learned counsel for the plaintiffs/respondents, contended that defendants 4 to 6 had no right in the suit property, when ex.a.1 came into existence; the amendment to the hindu succession act, being subsequent to the suit agreement, ex. a. 1, defendants 4 to 6 shall not be entitled to contest the suit by filing a separate written ..... contract, on account of the loss sustained by them.4. defendants 4 to 6, being the unmarrieddaughters of the 1st defendant, became thecoparceners, by virtue of the amendment tothe hindu succession act; vhich came intoforce on 6-9-1985. therefore, they are addedas defendants in the suit; and ex. a.1 agreement is equally binding oh them also. plaintiffs .....

G. Nirmalamma and Others Vs. G. Seethapathi and Others

Court : Andhra Pradesh

Reported in : 2000(6)ALD487; 2000(6)ALT513

..... respondents 1, 3 and 4. further in view of the benefits extended to illegitimate children under the amended provisions of section 16(1) of the hindu marriage act and section 8, 10 and the schedule annexed to the hindu succession act, the judgments of both the courts below are in contravention of the above decisions.15. on the other ..... 3(1)(j) of the hindu succession act by virture of section 16 of the hindu marriage act. proviso to section 3(1)(j) must be confined to those children who are not clothed with legitimacy under section 16 of the hindu marriage act. thus by virture of section 16(1) of the hindu marriage act, as amended in 1976, the illegitimate son ..... they are entitled to the benefits conferred under the amended section 16(1) of the hindu marriage act, 1976. therefore, they have a right to succeed to the properties of the deceased on par with the legal heirs under sections 8, 10 and schedule annexed to the hindu succession act.18. therefore, in view of the conclusions arrived at .....

State of Andhra Pradesh, Rep. by the Aut Vs. Nalamati Dorayya and Othe ...

Court : Andhra Pradesh

..... major as on 01-01-1975, the notified date, that she remained unmarried till 1987 and therefore by virtue of section 29-a of the act 13 of 1986 amending the hindu succession act, 1956, she is entitled for a share. they contended that her share is to be deleted from the holding of the declarant. the appellate ..... murthy, learned counsel for the respondents.11. it is pertinent to note that the hindu succession act, 1956 has been further amended by the central act 39 of 2005 with effect from 09-09-2005 and section 6 of the hindu succession act, 1956 has been amended giving equal rights to daughters in coparcenary property.12. this court in damalanka gangaraju and ..... others vs. nandipati vijaya lakshmi and others1, has held that by virtue of the amendment made by the central act 39 of 2005 to the hindu succession act, 1956, section 29-a (inserted by the ap state amendment act no.13 of 1986) is deemed to have been repealed. this legal position is not disputed by either .....

Kolluru Sambasiva Rao Vs. Kolluru Nagabhushanam Alias Nageswara Rao an ...

Court : Andhra Pradesh

Reported in : 1993(3)ALT256

..... were entitled to share equally one half-each in plaint-a schedule properties. but the impleaded respondents put up a plea that in view of the hindu succession act (a.p. amendment) act, 1986 (a.p. act 13/86) the three daughters born out of the wedlock of the third marriage have become coparceners and as such they were entitled to 1/5th ..... decision what was dealt with was whether passing of the preliminary decree declaring shares brings about any irreversible situation. due to insertion of section 29a into hindu succession act, 1956 by virtue of a.p. act 13 of 1986, the daughters, who were respondents 2 to 5 therein, already existing on the date of the suit for partition, were held to ..... virtue of survivorship and not the female, insofar as the state of andhra pradesh is concerned. by reason of insertion of the said section 29-a into hindu succession act, 1956, the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son and have the same .....

K. Munirathnam Naidu Vs. K. Aadi Lakshmamma and ors.

Court : Andhra Pradesh

Reported in : 2005(6)ALD534

..... on the plaintiff.13. on issue no. l the trial court held that as the marriages of the daughters of gangi naidu were performed prior to the hindu succession act a.p. amendment they are entitled to half share of the property along with third defendant. as the second wife of the late gangi naidu also died, her children are ..... is genuine it will not bind on his daughters and the daughters of gangi naidu incidentally are entitled to claim share under section 8 of the hindu succession act.23. under section 8 of the hindu succession act the property of a male dying intestate shall devolve on the class i heirs. all the daughters being the class i heirs they are entitled ..... shall devolve on his son as per the will.45. insofar as the contention of sri k. subrahmanya reddy, learned senior counsel that under section 6 of the hindu succession act, gangi naidu has no right to execute the will without there being any formal division of the properties between two coparceners i.e., the father and the son, .....

Lanka Nirmala Devi and anr. Vs. V. Rama Devi and ors.

Court : Andhra Pradesh

Reported in : 2005(3)ALD666

..... plaintiff and the deceased father of defendant no. 1 became exclusive heirs of their deceased mother smt. rukkamma on her death as per the provision under section 15 of the hindu succession act. during the life time of rukkamma, she sold away substantial part of the lands possessed by her to perform marriages of her daughters. after death of her mother, defendant no ..... the lakshma reddy as 7.5.1953 only with an ulterior motive to enable them to have a share in the properties by virtue of the amendment brought to the hindu women's right to property act, 1937. the learned counsel has further argued that the date of death of the laxma reddy has been introduced by the plaintiffs as 7.5.1953 ..... . the above discussion would conclusively prove that the laxma reddy died on 7.1.1953, and the plaintiffs in the suits would not get any benefit from out of the amendment. in view of the findings of this court that the laxma reddy died on 7.1.1953 and that the plaintiff did not get any benefit out of ex.a2 .....

Syed Mujtaba Alli, S/O. Sri Syed MohsIn Vs. D2 Late Nawab MazharuddIn ...

Court : Andhra Pradesh

..... koteshwaramma v. chakiri yanadi30. in that case, the supreme court upheld change in shares made after preliminary decree in a partition suit by applying the hindu succession amendment act,2005 stating : ".a preliminary decree determines the rights and interests of the parties. the suit for partition is not disposed of by passing of ..... rao v. maddineni bhaskara rao31, it reiterated : ".it is competent for the court to examine the validity of the transfers, testate or intestate successions in the final decree proceedings, of which examination had not been done before the passing of the preliminary decree, to take into consideration the changes ..... public roads, lanes, parks, bridges, ditches, rivers, streams, tanks, ponds, canals, lakes which would otherwise vest in the government, by just adding through amendment applications to the compromise decree, villages after villages without specifying the details of the lands such as sy.nos., extents, boundaries in the applications, and without .....

Commissioner of Gift-tax Vs. Bandi Subba Rao

Court : Andhra Pradesh

Reported in : (1987)63CTR(AP)305; [1987]167ITR66(AP)

..... is a family settlement and not a gift within the meaning of section (xii) of the act and the assessee is not liable to gift-tax. incidentally, it may also be mentioned that the hindu succession act (andhra pradesh amendment act, 1983) introuced section 29a in chapter iia in the hindu succession act, 1956. it provides thus : 'equal rights to daughter in coparcenary property. - notwithstanding anything contained in section ..... 6 of this act - (i) in a joint hindu family governed by mitakshara law, the daughter of a coparcener shall by birth .....

Ramulu and anr. Vs. Govur Venkanna (Died) Govur Narayana and ors.

Court : Andhra Pradesh

Reported in : AIR1965AP466

..... the contention by observing :'the contention assumes, and in my view, wrongly so, that the hindu succession act, 1956, and the hindu law of inheritance (amendment) act, 1929, are enactments of the same kind in the matter of succession among the hindus.' referring to the decision of the privy council in air 1946 pc 173, ..... lah 124.their lordships of the judicial committee observed : -'the description and preamble of the act (hindu law of inheritance) (amendment) act (1929), make it clear that the object of the act is to alter the order of succession of certain persons therein mentioned, namely a sons daughter daughter's daughter, sister and sister ..... ' '. . . . . the general and fundamental principles underlying the mitakshara law of succession were not affected by the amending act of 1929. the hindu succession act, 1956, is entirely of a different character. it replaces the general rules of succession of the hindus dying intestate in respect of all matters, of which provision has been made .....

Paruchuri Suryanarayana Vs. Paruchuri Sugunavathi

Court : Andhra Pradesh

Reported in : AIR1961AP393

..... husband's interest in properties of either description devolved on the widow. even after the extension to agricultural property by the amendment act, the interest devolving on the widow was only a limited estate.the hindu succession act, 1956, has now conferred full heritable capacity on the female heir and section 14, which provides that 'any property possessed ..... cease to apply to hindus in so far as it is inconsistent with any of the provisions contained in this act.' 21. conformably to the provisions of the hindu succession act, clause 7 of the decree must stand deleted. the liability to account embodied in clause 4 of the decree should be from the 21st ..... central act to succession to agricultural lands with the result that the three female heirs mentioned in the act could claim rights under the act also in case of such lands. the central act was amended in madras by the madras hindu women's rights to property (extension to agricultural land) act, 1947.15. section 3 (2) of the act in .....