Judgment Search Results Home > Cases Phrase: hindu succession amendment act 2005 section 4 omission of section 23 Court: mumbai Page 1 of about 7,308 results (0.235 seconds)

Lata @ Bhagyashree W/O Arunkumar Vs. Madhukar S/O Rajaram Ganjare (Die ...

Court : Mumbai

Reported in : 2008(5)ALLMR302; 2008(6)BomCR445; (2008)110BOMLR2275

..... no doubt, it gives equal rights to daughter in coparcenery property irrespective of limitations contained in section 6 of the hindu succession act. by the amended act, section 23 and section 24 of the hindu succession act, 1956 have been omitted. the omissions of these two sections, of course, has nexus with introduction of section ..... stands declamped ?9. heard counsel. 10. the two legal questions of significance need consideration. first, whether elimination of section 23 of the hindu succession act under the amendment act no. 39 of 2005 now gives right to the appellant to claim her share in the suit house at par with that of deceased ..... to a daughter married before the date of the commencement of the hindu succession (maharashtra amendment) act, 1994. thus, the daughters, who had married before the commencement of the hindu succession (maharashtra amendment) act, 1994 are kept outside the beneficial zone of the amended provision of section 23a. in other words, the provision would be .....

Ms. Vaishali Satish Ganorkar and anr. Vs. Mr. Satish Keshaorao Ganorka ...

Court : Mumbai

Reported in : AIR2012Bom101; 2012(2)ALLMR737; 2012(3)MhLj669

..... (huf) consisting of themselves and respondent no.1. as the daughters of respondent no.1 they claim in the capacity as coparcener under the amended section 6 of the hindu succession act 1956 (hsa) which came to be substituted by the hindu succession (amendment) act 2005 (39 of 1956) which came into effect from 9 september 2005 (hsa).3. upon the creation of the mortgage in respect of ..... in law in the suit premises.8. this right, if at all, would accrue under section 6 of the hindu succession act 2005 which runs thus:6. devolution of interest in coparcenary property - (1) on and from the commencement of the hindu succession (amendment) act, 2005, in a joint hindu family governed by the mitakshara law, the daughter of a coparcener shall, -(a) by birth become a coparcener .....

Sadashiv Sakharam Patil and ors. Vs. Chandrakant Gopal Desale and ors.

Court : Mumbai

..... 4. upon the case that they are ancestral properties, the heirs claim that muktabai was a coparcener under section 6 of the hindu succession act 1956 as amended by the hindu succession (amendment) act 39 of 2005. it is claimed that muktabai being a daughter of a coparcener viz: sakharam became a coparcener by her birth ..... which the plaintiff claims his share through his mother is section 6 of the amended hindu succession act which runs thus: "6. devolution of interest in coparcenery property. - (1) on and from the commencement of the hindu succession (amendment) act, 2005, in a joint hindu family governed by the mitakshara law, the daughter of a coparcener shall, - ..... day prior thereto, unfortunately, could not, because they would be covered by the law prior to the amendment. if such interpretation is not given the words "on" and "from" "the commencement of the hindu succession (amendment) act, 2005" would lose their significance all together and would be rendered otiose. 15.this aspect is .....

Smt. Gayabai Wd/O Sakharam Jambhulkar and ors. Vs. Gopal Sakharam Jamb ...

Court : Mumbai

Reported in : 2008(3)ALLMR641; (2008)110BOMLR1195; 2008(4)MhLj286

..... v. kumar sitaram manjhi and ors. (supra) clearly shows that existing rights of illegitimate shudra sons were protected, and therefore, in view of section 29-a amendment of hindu succession act, the shudra illegitimate daughter also becomes coparceners. he points out judgment of hon'ble the apex court reported at : air1997sc10 (m. govindaraju v. k. munisami ..... included in class-i of schedule thereto. section 29-a has introduced the concept of daughter as a coparcener for the first time. there is no amendment in hindu succession act to show that illegitimate son has been made a coparcener. if the arguments of appellants are to be accepted, then the illegitimate child (either son ..... family property. it is to be noted that such a right is not available even to any illegitimate son. section 3(1)(j) of hindu succession act cannot be amended through such interpretation. 26. in view of this position, i find it difficult to accept the arguments of learned counsel for the appellants that appellant .....

Radhabai Balasaheb Shirke (Since Deceased, Through Her Heirs and L.Rs ...

Court : Mumbai

Reported in : 2007(2)ALLMR823; 2007(5)BomCR324

..... coparcenary right on the daughter as a son of coparcener in a joint hindu family of mitakshara law and considered it expedient to confer such right so as to achieve constitutional mandate of equality before law by suitably amending the hindu succession act, 1956 in its application to the state of maharashtra with a retrospective ..... set out in section 16 of the act of 1956 in the order of succession mentioned in section 15 if she dies intestate.18. it, therefore, appears that in 1994 the hindu succession (maharashtra amendment) act, 1994 was introduced and was brought into force on 22.6.1994. this act, without any reservation, confers equal coparcenary ..... effect, that is, from the date of official announcement of the said policy. however, the amendments proposed are made inapplicable to the daughters married before the .....

Kaushalyabai Biharilal Pateriya and ors. Vs. Hiralal Bhagwandas Gupta ...

Court : Mumbai

Reported in : 2007(2)ALLMR679; 2007(4)BomCR219

..... .7.1971. bhagwandas expired on 5-5-1956. the hindu succession act, 1956 (hereinafter called as the act) came into force with effect from 18-6-1956. in other words, bhagwandas expired prior to coming into force of hindu succession act, 1956. section 23 of the act stood omitted by the amending act no. 39 of 2005. in view of this change ..... in law, the appellants filed civil application for amendment of the memo of appeal to raise an additional ground to claim partition ..... no retrospective operation.17. in the present case, what we find is that section 23 of the hindu succession act, 1956 prohibited a female heir from claiming partition until the male heirs choose to divide their respective shares. by amending act no. 39 of 2005, effective from 05-09-2005, this provision of section 23 has been deleted .....

Gajanan Sakharam Gadewar (Being Dead) Through His Legal Heirs and ors. ...

Court : Mumbai

..... of law-whether the lower appellate court was justified to determine the shares of the parties by considering that the provisions of section 23 of the hindu succession act, 1956 (as amended by amendment act 2005), was applicable to the facts of the case?2. heard forthwith with the consent of the learned counsel for the appellants and the ..... preferred by the appellants.the learned counsel for the appellants has assaulted the judgment of the lower appellate court on the ground that the amendment to section 23 of the hindu succession act is not applicable to the pending proceedings and that the shares have not been correctly determined.8. the division bench of this court in ..... regular civil appeal no. 69/2004. by judgment dated 29th july 2009 the appeal came to be dismissed but however in view of the amendment to section 23 of the hindu succession act, the share of the parties with regard to the dwelling house as well as the agricultural land was determined and separate possession and partition .....

Nakubai Valu Dhokane since deceased through heirs and LR's Shakuntalab ...

Court : Mumbai

Reported in : 2008(5)ALLMR1; 2008(6)MhLj105

..... of deceased valu. according to him, since valu expired somewhere in the year 1968, on his death his legal heirs will succeed the suit land under the hindu succession act. he, therefore, contended that the suit filed against only one heir excluding other heirs ought to have been dismissed by the lower appellate court. he drew my ..... of any land in contravention of section 31 as it stood immediately before the date of commencement of the bombay prevention of fragmentation and consolidation of holdings (amendment) act 1977, made on or after the 15th day of november, 1965 and before the date of such commencement shall be deemed to be void or ever ..... it is hopelessly time barred. he drew my attention to the section 31ab of the bombay prevention of fragmentation and consolidation of holdings act by amending act 41 of 1977 and submitted that the said amending act came into effect on 29th august, 1977 with retrospective effect in respect of transaction of sale after 15th november, 1965. according to .....

Ashok Gangadhar Shedge and Others Vs. Ramesh Gangadhar Shedge, Since D ...

Court : Mumbai

..... .3 in-person in s.a.no.566 of 2011, at length. 2. the question whether section 6 of the hindu succession act, 1956 (for short 'principal act') as amended by the hindu succession (amendment) act, 2005 (for short 'amendment act') is prospective or retrospective in operation, falls for consideration. some of the learned counsel submitted that the said section is ..... had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not. (4) after the commencement of the hindu succession (amendment) act, 2005, no court shall recognise any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his ..... shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the hindu succession (amendment) act, 2005 had not been enacted. explanation.-- for the purposes of clause (a), the expression "son", "grandson" or "great-grandson" shall be deemed .....

Shalini Sumant Raut and Others Vs. Milind Sumant Raut and Others

Court : Mumbai

..... or alienation shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the hindu succession (amendment) act, 2005 had not been enacted. 54. the alienation can be challenged by the coparceners if it is unauthorized. hence if the alienation is not for the ..... , of such son, grandson or great-grandson to discharge any such debt: provided that in the case of any debt contracted before the commencement of the hindu succession (amendment) act, 2005, nothing contained in this sub-section shall affect (a) the right of any creditor to proceed against the son, grandson or great-grandson, as the ..... the karta or pious obligation of a son to discharge his father's debts subject to section 6(4) of the has as amended in 2005 which runs thus. (4). after the commencement of the hindu succession (amendment) act, 2005, no court shall recognise any right to proceed against a son, grandson or great-grandson for the recovery of any .....