Judgment Search Results Home > Cases Phrase: hindu succession amendment act 2005 section 4 omission of section 23 Court: andhra pradesh Page 5 of about 3,152 results (0.184 seconds)

Sri Sanjaykumar Patengay S/O Satyanaray Vs. Srisatyanarayana Rao Patan ...

Court : Andhra Pradesh

..... become entitled to share in the suit schedule property either as coparceners or class i heirs, the provisions of hindu marriage act, 1955 read with the provisions of hindu succession act, 1956 become relevant. the hindu marriage act, 1955 was amended by act 68/76 where in section 16 was substituted, it reads as under: ".section 16. legitimacy of children of ..... share in the property of his parents also. section 16 as amended in the year 1976 for the first time recognized the entitlement of illegitimate son to ..... made clear that if a child was otherwise incapable, but for the amendment, such incapacity continues, vis--vis by the properties of persons, other than their parents. defendant no.1 was born outside the wedlock. in terms of the provisions of hindu succession act, as it originally stood, an illegitimate son was not entitled to .....

Rohini Vs. All Concerned

Court : Andhra Pradesh

Reported in : 2000(2)ALD288; 2000(2)ALT218

..... apply: (i) in the case of wills made by any hindu, buddhist, sikh or jain where such wills are of classes, specified in clause (a) and (b) of section 57, and (ii) in the case of wills made by any parsi dying, after the commencement of the indian succession (amendment) act, 1962, where such wills are made within the local limits of ..... city civil court, hyderabad (temporary) being aggrieved by the order dated 15-3-1991 dismissing the op, which was filed under section 276 of the indian succession act, 1925 (for short the act) to grant probate of the will dated 26-9-1989 executed by the deceased.2. the brief facts of the case are that the petitioner-appellant is one ..... in a.s. murthy v. d.v.s.s. murthy, 1979 (2) alt 347, while implementing section 213 of the act. therefore, the appeal is allowed holding that the will was executed by the deceased, a hindu, in andhra pradesh, in respect of the immovable and movable properties situated within the jurisdiction of the andhra pradesh high court and the .....

Prakash Vs. Pushpa Vani

Court : Andhra Pradesh

Reported in : 2004(3)ALD858; 2004(4)ALT286

..... third defendant is having life interest in the suit schedule house as the building was given to third defendant in lieu, of her maintenance a pre-existing right prior to hindu succession act, which was enlarged into an absolute estate and she is at liberty to dispose of the property as per her wish. the appellate court having taken the above view held ..... in the property. ultimately the relief sought for in the suit was that she is entitled to 2/3rd share in the property and as per paragraph 20 of the amended plaint the whole property held by late veerappa was valued at rs. 80,000/- and out of that she claimed rs. 53,333-34 ps.3. basing on the above ..... . during the pendency of the suit, the concubine of late veerappa died on 15.2.1990. at this stage, the respondent herein filed i.a. no. 178 of 1990 seeking amendment of the plaint by substituting new para in place of old para 16 of the plaint. in that it was stated that third defendant executed a registered will dated 25 .....

Commissioner of Wealth-tax, Andhra Pradesh Vs. Mukundgirji

Court : Andhra Pradesh

Reported in : (1983)37CTR(AP)84; [1983]144ITR18(AP)

..... to intestate succession among the hindus. it applies to all hindus including a virashaiva, a lingayat, or a follower of the brahmo, ..... this is the position in hindu law is agreed to by both the counsel. the same statement of law occurs in addl. cit v. p. l. karuppan cheittiar : [1978]114itr523(mad) . 8. the question now is whether the hindu succession act has made any departure from the above position. the act has been enacted to amend and codify the law relating ..... for grant of leave to appeal to the supreme court. since the question at issue is an important question relating to interpretation of s. 8 of the hindu succession act and upon which question there has been a divergence of opinion among the high courts in the country, we cerify this case to be a fit one for .....

Vrandavanla Goverdhanlal Pitti and anr. Vs. Kamala Bai Goverdhanlal an ...

Court : Andhra Pradesh

Reported in : AIR1970AP109

..... only apply-- (i) in the case of wills made by any hindu, buddhist, sikh or jain where such wills are of the classes specified in clauses (a) and (b) of section 57; and (ii) in the case of wills made by any parsi dying, after the commencement of the indian succession (amendment) act, 1962, where such wills are made within the local limits of ..... clauses (a) and (b) of section 57 was taken from the hindu wills act xxi of 1865 (now repealed). to those classes of will and codicils that act applied. certain sections of the indian succession act, 1865 (as amended by act xxi of 1870) corresponding to the sections set out in schedule iii of the indian succession act 1925 were made applicable to all wills and codicils specified in .....

Sarasa Appalakonda and ors. Vs. Pulamarasetti Somunaidu and anr.

Court : Andhra Pradesh

Reported in : 2008(3)ALD742; 2008(4)ALT174

..... 22 observed:19. it is necessary to bear in mind the preamble to the hindu succession act, 1956. the preamble states that it was an act to amend and codify the law relating to intestate succession among hindus.20. in view of the preamble to the act i.e., that to modify where necessary and to codify the law, in our ..... dealing with section 6 of the hindu succession act at page 924-26 as well as mayne's on hindu law, 12th edition, pages 918-919.22. the express words of section 8 of the hindu succession act. 1956 cannot be ignored and must prevail. the preamble to the act reiterates that the act is, inter alia, to 'amend' the law, with that background ..... . it is for the legislature to consider whether it should change such law or not. it may be legitimately presumed that before the passing of the hindu succession act, 1956, the legislature must have taken into consideration the prohibition against making of gifts by a coparcener of his undivided interest in the coparcenary property, but .....

M/S. Sri Gajanan Stores Rep. by Its Managing Partner Sudhakar Phadki, ...

Court : Andhra Pradesh

..... states that this section shall only apply to wills made by any hindu, buddhist, sikh or jain where such wills are of the classes specified in clauses (a) and (b) of section 57 and wills made by any parsi, dying after the commencement of the indian succession amendment act, 1962. thus for any wills executed by hindus, if covered under ..... urged that this section shall only apply to the wills made by any hindu, buddhist, sikh or jain where such wills are of the classes specified in clauses (a) and (b) of section 57 and wills made by any parsi, dying after the commencement of the indian succession amendment act, 1962. thus any wills executed by hindus, if covered under section ..... (i) in the case of wills made by any hindu, buddhist, sikh or jaina where such wills are of the. classes specified in clauses (a) and (b) of section 57; and (ii) in the case of wills made by any parsi dying, after the commencement of the indian succession (amendment) act, 1962, where such wills are made within the local .....

Masimukkula Narayana and Others Vs. Masimukkula Suryakantham

Court : Andhra Pradesh

Reported in : 1999(2)ALD132; 1997(5)ALT459

..... (i) in the case of wills made by any hindu, buddhist, sikh or jain where such wills are of classes specified in clauses (a) and (b) of section 57, and (ii) in the case of wills made by any parsi dying, after the commencement of the indian succession (amendment)act, 1962, where such wills are made within the local limits ..... to be proved according to law, it has to be by way of probate in the court having competency and jurisdiction according to the procedure provided under the succession act. that procedure cannot be converted in a suit for mere injunction as a probate suit and direct the parties to adduce evidence, be it primary or secondary evidence ..... legal obligation of the legatee to obtain probate and the court competent to grant probate etc., are governed by the provisions of the indian succession act, 1925 (for short 'the act'). section 2(h) of the act defines 'will' as 'the legal declaration of the intention of the testator with respect to bis property which lie desires to be carried .....

Musini Leela Prasad Vs. Musini Bhavani and ors.

Court : Andhra Pradesh

Reported in : 1995(1)ALT814

..... . it is hightime that class i under hindu succession act, 1956 is amended suitably by including the 'father' also as one of the heirs under class i (refer to the article written by sri c.s. venkatasubramanian, in air 1956 ..... in the husband's ancestral property on the death of the third and fourth male child respectively. the only way of avoiding the anomaly pointed out earlier is to amend the hindu succession act by including the father in class-i heirs so that under similar circumstances the father would also get a share from the son who dies during his life time ..... as his separate property and a son born to him is not entitled to a share by birth. at this stage i may point out that before the amendment of the hindu succession act, 1956, the share in the ancestral property inherited by the son on the death of his father is treated as ancestral property in the hands of his son .....

Nallagondla Kanthamma Vs. Nallagondala Rajyam and ors.

Court : Andhra Pradesh

Reported in : 2004(3)ALD168; 2004(1)ALT450; I(2004)DMC467

..... 1)(j) of the hindu succession act by virtue 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 virtue of section 16(1) of the hindu marriage act as amended in 1976, the ..... .'in rameskwari devi v. state of bihar, : (2000)illj1087sc , it was held:'under section 16 of the hindu marriage act, children of void marriage are legitimate. under the hindu succession act, 1956 property of a male hindu dying intestate devolve firstly on heirs in clause (1) which include widow and son. among the widow and son, ..... amendment of section 16, the benefits of section 16 are enlarged and such benefits are also conferred on a son of a marriage which is void under the provisions of the hindu marriage act, whether a decree of nullity is passed or not, such a son becomes a legitimate son. such a child is also entitled to rights of succession under the hindu marriage act .....