Judgment Search Results Home > Cases Phrase: hindu succession amendment act 2005 section 4 omission of section 23 Court: mumbai Page 2 of about 7,308 results (0.628 seconds)

Badrinarayan Shankar Bhandari and Others Vs. Ompraskash Shankar Bhanda ...

Court : Mumbai

..... gandori koteshwaramma and others? 2. the primary issue before the learned single judge was whether section 6 of the hindu succession act, 1956 (the principal act) substituted by section 3 of the hindu succession (amendment) act, 2005 (the amendment act) is prospective or retrospective in operation. 3. before dealing with the questions of law referred to us, ..... 2005. the judgment in g.sekhar case (supra) opens with words : leave granted. effect of the amendment in the hindu succession act, 1956 (for short the act ) by reason of the hindu succession (amendment) act, 2005 (for short the 2005 act ) insofar as therein section 23 has been omitted is the question involved herein. 69. the suit ..... the above contention advanced on behalf of the appellants for more than one reason. in the first place, though section 3 of the amendment act of hindu succession (amendment) act 2005 has substituted with effect from 9 september 2005, erstwhile section 6 by the new section 6, it cannot be said that the .....

Madhukar Rajanna Darbhe Vs. Union of India (Uoi), Through the Secretar ...

Court : Mumbai

Reported in : 2007(5)ALLMR339; 2008(2)BomCR418

..... 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 ..... past history it appears that till 1925, statutory provision in the shape of hindu wills act, 1870, was applicable in three areas mentioned in section 57(a). prior to present succession act of 1925, act known as the indian succession act, 1865, (hereinafter mentioned as 1865 succession act) which was applicable had received the assent of the government general on 16 ..... of bengal and in the towns of madras and bombay. section ii extended certain sections of indian succession act, 1865, to wills governed by hindu wills act. section 119 thereof which is pari materia with section 213(1) of succession act 1925 read: -section 119 -right as executor or legatee when established.:--no right as executor or .....

Paresh Damodardas Mahant Vs. Arun Damodardas Mahant and Others

Court : Mumbai

..... testamentary or intestate succession, as the case may be, under this act and not by survivorship, and the coparcenary property shall be deemed to have ..... fact even under section 6 (3) of the amended hsa of 2005 the same principle applies to succession of interest in huf properties of hindus. the relevant part of section 6(3) reads thus : 6 (3) where a hindu dies after the commencement of the hindu succession (amendment) act, 2005, his interest in the property of a joint hindu family governed by the mitakshara law, shall devolve by .....

Principal Judge, Family Court Vs. Nil

Court : Mumbai

Reported in : AIR2009Bom12; 2008(4)ALLMR461; 2008(4)BomCR539; (2008)110BOMLR2089; 2008(5)MhLj222

..... pertains to the law on adoption reads as follows:this part of the hindu code deals with the subject of adoptions and maintenance among hindus. 2. with the passing of the hindu succession act, 1956, which treats sons and daughters equally in the matter of succession, it has now become possible to simplify the law of adoption among ..... to the marriage. according to shastrik ceremony marriage, saptapadi is essential prior to the amendment act of 1976, the remedy of divorce under hindu marriage act was entirely based upon guilt theory i.e. where one party accused other of having committed acts and deeds which would entitle other for seeking divorce in compliance with the provisions of ..... presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the marriage laws (amendment) act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live .....

Commissioner of Income Tax Vs. Her Highness Maharani Vijaya Raje ScInd ...

Court : Mumbai

Reported in : [1994]208ITR38(Bom)

..... that s. 5(ii) has been added in the hindu succession act pursuant to art. 362 of the constitution, the object being to protect the guarantee given by the government to the rulers of the india at the time of accession. that by the constitution (twenty-sixth amendment) act, 1971 the said art 362 has been subsequently omitted ..... important angle to this case and it relates to the effect of the hindu succession act. there can be no doubt that after 1956 the hindu succession is governed by the hindu succession act which is a complete code on the subject. secs. 4(1) and 5(ii) of the hindu succession act are reproduced here for ready reference, since they are vital to the ..... alienations by the head of the family except for necessity, and (3) right of maintenance, fell apart consequent upon the enactment of s. 4(1) of the hindu succession act. 13. under the circumstances, question no. 1 is answered in the affirmative and in favour of the assessee. answer to question no. 2 is merely consequential. .....

Commissioner of Income Tax Vs. Her Highness Maharani Vijaya Raje Scind ...

Court : Mumbai

Reported in : (1993)113CTR(Bom)452

..... that s. 5(ii) has been added in the hindu succession act pursuant to art. 362 of the constitution, the object being to protect the guarantee given by the government to the rulers of the india at the time of accession. that by the constitution (twenty-sixth amendment) act, 1971 the said art 362 has been subsequently omitted ..... important angle to this case and it relates to the effect of the hindu succession act. there can be no doubt that after 1956 the hindu succession is governed by the hindu succession act which is a complete code on the subject. secs. 4(1) and 5(ii) of the hindu succession act are reproduced here for ready reference, since they are vital to the ..... alienations by the head of the family except for necessity, and (3) right of maintenance, fell apart consequent upon the enactment of s. 4(1) of the hindu succession act.14. under the circumstances, question no. 1 is answered in the affirmative and in favour of the assessee. answer to question no. 2 is merely consequential. hence .....

Rajaram Dadu Kabnure Vs. Gunwanti Dhulappa Ketkale and ors

Court : Mumbai

..... to be the property in which the parties to the suit had right, but by construing the provisions of section 23 of the hindu succession act, 1956 prior to its deletion by hindu succession (amendment) act, 2005 with effect from 9.9.2005, the decree for partition was declined in respect of dwelling house being property no.1-d ..... judge,ichalkaranji and hence, were assigned the numbers of the year 2005 though they were filed in the month of march,2004. 3. pending the appeals, hindu succession(amendment) act, 2005 came into force w.e.f. 9/9/2005. provisions of section 23 have been deleted from the statute. the learned district judge, ichalkaranji ..... is also admitted. the challenge in second appeal is, however, regarding the application of provisions of hindu succession(amendment) act,2005 and certain other points. 6. mr.shah advanced the following submission. 1. since section 23 of the hindu succession act, 1956 was on the statute book when the suit was filed, the legal provisions as applicable at .....

Bhausaheb Pandurang Waghaskar and Others Vs. Gangubai BA; Krishna Laha ...

Court : Mumbai Aurangabad

..... rajaram ganjare and others),. in this case, this court had considered the provisions of hindu succession act as amended by maharashtra amendment act, 1994 and also the provisions of the aforesaid central act of 2005 and had observed that the provisions of maharashtra amendment act cannot be given retrospective effect and so the daughters who had married before commencement of ..... of pandurang. 8. the learned counsel for the appellants mainly submitted that the courts below ought to have applied amendment effected to hindu succession act by maharashtra government in view of the fact that both the plaintiffs were given in marriage much prior to coming into force of ..... observed that right to claim share in respect of dwelling house as given in amendment act, 2005 cannot be given retrospective effect. the provisions of sections 6, 8 and 23 of hindu succession act, 1956 are considered in relation to the amended law. the learned counsel for the appellants also made submission that as there .....

Govind S/O. Manohar Jadhav, Vs. Smt. Rukhminibai W/O. Manohar Jadhav a ...

Court : Mumbai

Reported in : 2008(4)ALLMR561; 2008(4)BomCR641; 2008(5)MhLj386

..... entitled to the rights conferred upon them by section 16(3) irrespective of the apparent restricted definition of section 3(1)(j), hindu succession act.24. ...after examining the provisions of both the hindu marriage act and the hindu succession act, we have held above that the children of a void marriage have been given a right to the property of their parents. since no child acquires a ..... marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the marriage laws (amendment) act 1976 (68 of 1976), and whether or not a decree of nullity is granted in respect of that marriage under this act and whether or not the marriage is held to be void otherwise than on a petition under this .....

Ambabai Bhaichand Gujar Vs. Keshav Bandochand Gujar

Court : Mumbai

Reported in : AIR1941Bom233; (1941)43BOMLR114

..... expressly included them in this act as it did in another act passed in the same year, namely, the indian succession (amendment) act (xviii of 1929), by which section 57 of the indian succession act of 1925 was enlarged by the addition of the new clause making it applicable to all wills and codicils made by any hindu, buddhist, sikh or jain ..... as the jains have been judicially recognized as governed by the hindu law of succession, a legislative alteration in that law would presumably apply to them also unless it was specifically stated that it was not to apply to them. it is true that the indian succession (amendment) act of 1929 speaks of' jains as well as hindus and sub ..... preferential heir to a deceased male. prior to the hindu law of inheritance (amendment) act of 1929, the sister's son was a bandhu, whereas the father's, sister came in the order of succession after the most remote gotraja sapindas but before the bandhus. section 2 of this act places the sister's son before the father's .....