Judgment Search Results Home > Cases Phrase: hindu succession amendment act 2005 section 4 omission of section 23 Court: gujarat Page 1 of about 1,190 results (0.092 seconds)

Virlkumar Natvarlal Patel Vs. Kapilaben Manilal Jivanbhai and ors.

Court : Gujarat

Reported in : AIR2009Guj184

..... a share/right in the ancestral property i.e. disputed land in question. however, considering proviso to section 6 of the hindu succession act as amended by hindu succession (amendment) act, 2005 it shall not affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken ..... based her case solely on section 6 of the hindu succession act (amendment act 2005). section 6 of the hindu succession act as amended by the act of 2005 reads as under:section 6:- devolution of interest in coparcenary property:(1) on and from the commencement of the hindu succession (amendment) act, 2005, in a joint family governed by the ..... disposition or alienation of the ancestral property / coparcenary property prior to 20th december, 2004 has been saved. it can be said that the hindu succession (amendment) act, 2005 is prospective in nature and as per the proviso it shall not affect or invalidate any disposition or alienation of the property which .....

Sitaben D/O Madaribhai Bhagabhai Dhodiya Vs. Bhanabhai Madaribhai Pate ...

Court : Gujarat

Reported in : AIR2002Guj376; (2002)2GLR1365

..... 1991 (3) scc 647.6.8. it must first be noted that this is a decision on the interpretation of section 29-a(iv) and (ii), as introduced by hindu succession (a.p. amendment) act, 1986. the ratio laid down in the supreme court is to the effect that a daughter having share in coparcenary property can claim a share under the provisions of ..... .2. learned counsel for the appellant has sought to contend that the general hindu law stands abolished and or repealed inasmuch as the parliament has enacted specific acts dealing with various aspects of hindu law. he refers to such acts as hindu marriage act, 1955, hindu minority and guardianship act, 1956, hindu adoptions and maintenance act, 1956 and hindu succession act, 1956. there cannot be any doubt that where the parliament has enacted .....

Shantadevi Pratapsingh Gaekwad and anr. Vs. Shrimant Sangramsingh Prat ...

Court : Gujarat

Reported in : AIR1996Guj72

..... coparcenery properties.15. the hotly debated question between the parties has been as to in what manner the succession to the non-state private properties will take place. the trial court has found that the hindu succession act, 1956 (the act of 1956 for brevity) would not apply in the instant case. the learned trial judge has then ..... this litigation. coming back to the rulership of maharaja fatesinhrao gaekwad, he continued to be the recognised ruler of baroda till the constitution (twenty-sixth amendment) act, 1971 (the 26th amendment for brief) came into force. it may be mentioned that the effect of instruments like the covenant (at page 62 in volume iv of the ..... certificates of 3rd fabruary, 1954 and 1st march, 1964 referred to hereinabove. that hurdle in applicability of (he act of 1956 was removed by the 26th amendment. besides, it is a settled principle of law that succession would open from the date of the death of the concerned person. the last ruler admittedly breathed his last .....

Kusumgauri Vs. Umiben and ors.

Court : Gujarat

Reported in : AIR1975Guj126; (1975)0GLR222

..... act any text, rule or interpretation of hindu law or any custom or usage as part of that law in force ..... the property and in such a case the provisions of section 14(1) of the act do apply.6. 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 inter state succession amongst the hindus. section 4 thereof provides that save as otherwise expressly provided in the .....

Mayurdhwajsinhji Vs. Commissioner of Wealth-tax

Court : Gujarat

Reported in : [2002]253ITR621(Guj)

..... down that unless, therefore, a particular estate, the devolution of which is to a single heir is saved and excepted under section 5(ii) of the hindu succession act, it cannot be claimed successfully that that estate continues to be impartible.15. hence, the position is that as per the terms of the covenant, the property in question was granted to ..... ,the dynasty and not to the assessee as a single ' heir. that by operation of the provisions of section 4 of the hindu succession act, such property lost its characteristic of being an impartible estate and thus it did not fulfil the description of property which could be brought within the purview of the ..... in the hands of the assessee for the assessment years prior to 1965-66. however, the bombay high court held that in view of the amended provision of section 4(6) of the act which became effective from april 1, 1965, the darbargadh palace would have to be included as part of the net wealth of the assessee because .....

Mr. Pushkar Navnitlal Shah Vs. Mrs. Rakhi Pushkar Shah

Court : Gujarat

Reported in : AIR2007Guj5; (2007)1GLR859(GJ)

..... documents are required in support of the defences taken by petitioner husband in his reply that, the respondent wife is protected by the recent amendments in the hindu succession act, 1956 which has also given equal rights to daughters in movable as well as immovable ancestral properties of parental family including rights in business as ..... woman.(x) that, the civil court ought to have considered the equality before law provided in section 24 of the hindu marriage act, 1955 and equal rights in properties by amendment in the hindu succession act, 1956 provided to respondent wife which are required to proved on basis of the documents and the court shall decide as ..... of the father which is independent income of the wife, sufficient for support and to meet the necessary expenses for proceedings. by amendment in the hindu succession act, 1956, oppression and negation of fundamental right or equality are removed, the respondent wife has acquired equal rights in movable and immovable properties of .....

Rajgor Revashanker Kunverji Vs. Rajor Jashubai Wd/O. Rajgor Virji Bhav ...

Court : Gujarat

Reported in : (1980)2GLR322

..... of her pre-existing right of maintenance from these properties. the supreme court in the light of facts before it held that the provisions of section 14(1) of the hindu succession act applied and not provisions of section 14(2) thereof. while deciding as above, the supreme court, had made the following pertinent observations:the widow's right to maintenance, though not ..... it is necessary to have a look at the relevant provision of the aforesaid act. the preamble of the act shows that whereas it is expedient to amend the hindu law to give better right to women in respect to property, this act was enacted, namely, the hindu womens' right to property act, 1937 and it extended to the whole of india except part b states. it .....

Rambhai Manja Nayak, Vs. Union of India

Court : Gujarat

Reported in : (1983)34CTR(Guj)230; (1983)1GLR623; [1983]142ITR211(Guj)

..... the ground that they are outside the scope of entry 82 in list i. 39. before the repeal of art. 19(1)(f) and art. 31 any the forty-fourth amendment act, 1978, the right to acquire, hold and dispose of property was a fundamental right conferred on every citizen of this country. the acquisition of private property could be effected by ..... in its interim report submitted to the government some time in december, 1970. it was on the basis of the said recommendations that the taxation laws (amendment) act, 1972, inserting chap.xx-a in the act came to be passed. the purpose and object of this enactment is to curb the generation of black money which has permeated the whole fabric of our ..... effect from april 20, 1972) provided for compulsory acquisition of property before its repeal with effect from june 20, 1979, by the 44th amendment act, 1978. it read as under : '(1) no person shall be deprived of his property save by authority of law. (2) no property shall be compulsorily acquired save for a public .....

Manjulaben Prakshbhai Sarvaiya Vs. State of Gujarat and Another

Court : Gujarat

..... in the punjab preemption act, 1913, as amended by act 10 of 1960. it was contended therein that the expression son or daughter should be so construed so as to include illegitimate children also. a further contention was also raised before the supreme court that the preemption act must be read in conjunction with the hindu succession act, 1956 which made a ..... be express provision in the statute itself to give these words a more extended meaning as to include also illegitimate children and s. 3 (j) of the hindu succession act (act xxx of 1956) furnishes a goods illustration of such a provision. it might even be that without an express provision in that regard the context might indicate that ..... 46. in mallappa v. shivappa [air 1962 mys 140] a question arose as to whether the term son as used in section 15(1)(a) of the hindu succession act, 1956 will include a stepson. in this context a division bench of the mysore high court observed as under: in the absence of any definition or explanation to .....

The State of Gujarat Vs. Shantaben

Court : Gujarat

Reported in : AIR1972Guj108; (1972)0GLR170

..... central court-fees act. 1870 as amended by bombay act 2 of 1932 and the bombay court-fees act, 1959 as well as s. 19-d of the former act and section 24 of the latter. the learned judge was of the view that 1/5th share in the shares in question would devolve under the provisions of the hindu succession act, 1956, not ..... which the certificate is required are joint family properties. this observation, however, should not mean that no difference on this question is made by the enactment of the hindu succession act. that question does not arise in this case because as observed above the learned trial judge has ordered to levy fees on the value of 1/5th share ..... the four daughters. therefore, having treated this 1/5th share as the property in which the deceased had separate beneficial interest and which upon the provisions of the hindu succession act would devolve upon his widow, her sons and daughters the learned judge came to the conclusion that court-fee payable in this case would be on this 1/ .....