Judgment Search Results Home > Cases Phrase: hindu succession amendment act 2005 section 4 omission of section 23 Court: madhya pradesh Page 1 of about 1,150 results (0.135 seconds)

Prabhudayal (Dead) Through His L.Rs. Vs. Smt. Ramsiya and anr.

Court : Madhya Pradesh

Reported in : AIR2009MP52; 2009(1)MPHT139

..... point only as indicated hereinabove.4. in this manner for a limited purpose only that what is the impact of section 6 of the act as amended by hindu succession (amendment) act, 2005 (for brevity 'the amended act of 2005') on the dwelling houses of udaipura and rehma is to be taken into consideration. the appeal on all other points has ..... already been decided on 8-1-2008.5. the contention of shri n.k. patel, learned senior counsel is that section 23 of the act which ..... m.c.c. no. 1339/2007) which was filed by plaintiff smt. ramsiya was also allowed since the amended provision of section 6 of hindu succession act, 1956 (in short the 'act') vis-a-vis to section 23 of the act was not taken into consideration and the said review application of plaintiff-ramsiya was also allowed and this first .....

Nahar Hirasingh and ors. Vs. Mst. DukalhIn and ors.

Court : Madhya Pradesh

Reported in : AIR1974MP141; 1974MPLJ257

..... us, namely. tare j., it was held that the personal law mentioned in section 151 of the m. p. land revenue code. 1954, would be the hindu law as amended by the hindu succession act, 1956. however, when the matter came up for consideration before k. l pandey j. in kumari ramlali v. mst. bhaguntibai. c. a. no. 69 ..... but when we come to section 164 of m. p. land revenue code of 1959, as it stood prior to the present amendment. it provided its own table of succession and came in conflict with hindu succession act, 1956. according to the view expressed by the learned chief justice, there is no conflict between the two provisions as the phrase, ..... that the personal law applicable to devolution of tenure holder's right would be the law as amended subsequently by the hindu succession act. 1956, yet in the opinion of the learned judges of the division bench. section 4(2) of the hindu succession act. 1956, contemplated a law for devolution of tenancy rights and in the opinion of the division bench .....

Shrimant Rajmata Vijaya Raje ScIndia, Gwalior Vs. Jyotiraditya ScIndia ...

Court : Madhya Pradesh

Reported in : AIR1993MP184

..... . filed in the suit for temporary injunction. according to her the plaintiffs claim is not tenable because the 'impartible estate' contemplated under section 5(ii), hindu succession act, for short the 'act', ceased to exist as a result of amendment of the constitution which took effect from 28-12-1971. she also relied on admission of defendant no. 2, plaintiffs father, allegedly made in 1971 ..... ' of the suit? (ii) whether the rule of primogeniture stood abolished in virtue of the constitution amendment when article 362 was deleted and new article 363a was inserted by the constitution (26th amendment) act, 1971? (iii) whether section 5(ii), hindu succession act, was impliedly repealed when the constitution was amended in above manner w.e. from 28-12-1971? (iv) what are the powers of the .....

Dilip Kumar JaIn Vs. Smt. Shobharani JaIn and ors.

Court : Madhya Pradesh

Reported in : AIR2006MP231; 2005(4)MPLJ60

..... to intestate succession among hindus.20. in view of preamble to the act i.e. that to modify where necessary and to codify the law, in our opinion it ..... court has considered the impact of hindu succession act, 1956 in its judgment in the case of commissioner of wealth-tax, kanpur etc. chander sen etc. air 1986 sc 1753 and held as under: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 ..... late shikhar chand jain and after his demise the property was inherited by respondent nos. 1 to 5 as his legal representatives and by virtue of section 8 of hindu succession act they had become co-owner of the property. in view of the aforesaid dictum of the apex court they are not coparcener but co-owner of the property .....

Mayank @ Vaibhava Vs. Public in General and ors.

Court : Madhya Pradesh

Reported in : 2007(1)MPHT189

..... ) in the case of will 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 (16 of 1962), where such wills ..... property is not maintainable. being aggrieved by the impugned order the present appeal has been filed.4. for just disposal of this petition, relevant sections of indian succession act are necessary, which are reproduced herein-below:264. jurisdiction of district judge in granting and revoking probates,etc. (1) the district judge shall have jurisdiction in ..... to receive applications for probate and letters of administration even in the cases of hindu wills not falling under section 57. that notification must be deemed to continue in force as one under sub-section 2 of section 264 of the present succession act. the jurisdiction of the district judge to grant probate is limited under section .....

Shivkali Bai and ors. Vs. Meera Devi and ors.

Court : Madhya Pradesh

Reported in : 1991(0)MPLJ102

..... decision is whether the lower appeal court on wrong premises disallowed the claim of pre-emption, by the defendants 3, 5 and 6 under section 22 of the hindu succession act, 1956 (hereinafter called the act). defendant no. 3 raised specific plea in para 12(e) of the written statement claiming preferential right to purchase the suit lands on reasonable price. defendant no. ..... , may be raised and decided in the same suit, they cannot be mixed up, they require separate consideration.18. by section 58(iv) of the code of civil procedure (amendment) act, 1976 (no. 104 of 1976), rule 6-a to rule 6-g were inserted in order 8 of the code providing for counter claims. even before ..... in the nature of cross-suit, is not affected by the dismissal of the plaintiff's suit. the counter-claim has to be disposed of on merits. after the amendment of 1976, the pending suits are governed by the new provisions. even though the counter-claim was made in the written statement, the plaintiff did not seek leave to .....

Shanti Bai Vs. Suhila Bai

Court : Madhya Pradesh

..... petitioners because in such cases it was held that daughters, who have got birth subsequent to enforcement of aforesaid amended provision of section 6 of the hindu succession act, have a co-parcenory rights in the ancestral joint hindu family property of their parents. it is further held in the cited cases that such daughters shall get the ..... taking me through the averments of the petition alongwith the papers placed on record, so also the impugned order argued that in view of the amended provision of section 6 of the hindu succession act, which have come into force in the year 2005, the petitioners being daughters of the respondent nos. 3 and 4 by virtue of ..... such amended provision are having share in the disputed property but without considering their such right, contrary to settled legal position and the above mentioned .....

Shrivallabhdas Modani Vs. Commissioner of Income-tax

Court : Madhya Pradesh

Reported in : [1982]138ITR673(MP)

..... law relating to intestate succession among hindus.'13. with regard to codification acts, the classic observations of lord herschell in bank of england v. vagliano brothers [1891] ac 107 are as ..... examine whether the hindu succession act has made a dent in the hindu law about succession as it stood before the coming into force of the act. there are conflicting authorities on the point but before we deal with the decisions of different high courts, we will refer to the provisions of the hindu succession act itself. the preamble of the act is as follows :'an act to amend and codify the .....

Parmanand and anr. Vs. Jagrani and ors.

Court : Madhya Pradesh

Reported in : AIR2007MP242

..... of approval by this court. submission of mr. aradhe is that even if the children are treated as illegitimate after amendment in section 16(1) of hindu marriage act, 1955 as amended by amendment act no. 68 of 1976 they would be treated as legitimate for succession of the property. in the case of parayankandiyal eravath kanapravan kallianiamma (smt.) air 1996 sc 1963 (supra) a two judge ..... remove the difficulties in interpretation. thereafter in paragraph 65 of the judgment their lordships referred to amended section 16 and came to hold that after its amendment the vice from which unamended section 16 suffered has been removed. their lordships expressed the opinion that the hindu marriage act, 1955 is a beneficent legislation and, therefore, it has to be interpreted in such a manner .....

Smt. Chandrakanta and anr. Vs. Ashok Kumar and ors.

Court : Madhya Pradesh

Reported in : 2002(4)MPHT51; 2002(1)MPLJ497

..... of his own undivided family but takes it in his individual capacity.'7. in view of the aforesaid pronouncements, it is clear that after coming into force of the hindu succession act, the theory of birth-right does not exist and son gets share in the property only after death of his father.8. from the record, it is clear ..... ), and has held as under :--'19. it is necessary to bear in mind the preamble to the hindusuccession act, 1956. the preamble states that it was an act to amend and codify the law ..... of the suit and, thus, appears to have born after 1956. the present suit is filed in the year 1996. in 1956 hindu succession act has come into force.5. the supreme court has considered the impact of hindu succession act, 1956 in its judgment in the case of commissioner of wealth-tax, kanpur etc. v. chander sen etc., (air 1986 sc 1753 .....