Court : Mumbai
Reported in : AIR1966Bom174; (1965)67BOMLR864; 1966MhLJ92
..... may be entitled having regard to the above amendment.(13) the rest of judgment of is not material for this report.(14) case remanded. ..... the portions mentioned in paragraph 7 of the civil application for amendment of in terms of the sub-para (c) is rejected. the learned judges finding that the plaintiff is not entitled to any properties having regard to the provisions of the in the hindu succession act 1956 is set aside and will not be binding i connection ..... in these properties. it is not disputed by mr. manohar for the appellant that at the date of the suit having regard to the provisions in the hindu succession act, the plaintiff could not have claimed possession of any of these properties. the learned judges finding in this connection therefore cannot be described as erroneous. mr.manohar .....
Tag this Judgment!Court : Mumbai
Reported in : (1958)60BOMLR493
..... that happened was that the normal rights under the hindu law which were always there but which till then were in abeyance because of the express provisions of a statute were merely resuscitated. therefore, there was no question of any vested right being created by the amending act which must be given effect to from the date of ..... got back his right of survivorship. the statute did not affect any vested rights but on the contrary it restored vested rights under hindu law, which had been taken away by tenancy acts before amendment.6. mr. justice mudholkar took the view that the right of an occupancy tenant is an estate created by contract and statute, to ..... of statute and not recognizing succession by a right of survivorship or the vesting of a son's interest by birth, it was a right of a special kind conferred upon a hindu tenant only by the tenancy act. therefore, the subsequent amendment, of the act in 1940, giving a right of survivorship, was an amendment which affected vested rights and .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1982Bom68; 1981MhLJ659
..... if such person had died before the intestate.'7. it is an admitted position that the word 'murder' is not defined in the hindu succession act, it appears that s. 25 was introduced in the hindu succession act practically to give statutory sanction to the view expressed by the privy council in kanchawa v. girimallappa air 1924 pc. 209 while dealing ..... to contest the claim of the plaintiff on merits. however, he has further submitted that in that case the plaintiff should also be given an opportunity to amend the plaint the claim a relief of declaration even qua the amount of rs.6,800/- which according to the plaintiff exclusively belongs to her as it represents ..... put forward their respective cases. it is needless to say that after remand the plaintiff will be entitled to amend her plaint and claim a relief of declaration qua rs.6,800/- and also carry on other consequential amendments, if neccessary. the defendant will also be at liberty to file this written statement and thereafter the trial .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1939Bom154; (1939)41BOMLR239
..... sister a special place among the heirs of stridhan property. according to the mayukha she is expressly mentioned as an heir to males. apart from statute (hindu law of inheritance amendment act ii of 1929) her place in the bombay presidency is determined by a series of decisions. it is immediately after the father's mother both under ..... technical stridhan. the mitakshara in dealing with the inheritance to the property of a woman who is married lays down the following rule of succession placitum 11 of chapter ii, section xi, stokes hindu law (pp. 460 and 461):of a woman dying without issue as before stated, and who had become a wife by any ..... other forms of marriage called asura, gandharba, rakshasa and paicacha; the property of a childless woman goes to her parents, that is, to her father and mother. the succession devolves first (and the reason has been before explained,) on the mother, who is virtually exhibited (first) in the elliptical phrase pitrgami implying 'goes (gacchati) to both .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1983Bom222; 1984(1)BomCR275; 2(1983)DMC203; 1983MhLJ103
..... 24, 25, 26, 27 and 28. there section document not, in any manner. excluded children born out of a void marriage. the grounds of exclusion from the succession under the hindu succession act having been specified, like remarriage case falling under s. 24, murder in case falling under s. 25, conversion in case falling u/s 26, it is not possession ..... off-spring of such marriage shall be legitimate whether such child was born before or after the commencement of the marriage laws (amendment) act, 1976, and whether or not a decree of nullity is granted in respect of that marriage under the act and whether or not the marriage is held to be void otherwise than on a petition under the ..... act. the 1976 amendment and the substitution of section 16(1) in this manner beyond doubt take away and eclipse the general rule that .....
Tag this Judgment!Court : Mumbai
Reported in : 1980MhLJ907
..... said joint family, completely separate in residence, food and estate.3. in 1956, parliament enacted the hindu succession act which came into force on 17th june, 1956. this act radically amended and codified the law relating to intestate succession amongst hindus and conferred on almost all classes of female hindu governed by it far more elevated rights than before. in 1958, rajaram, the father-in-law of ..... general, received radical impetus by the enactment in 1956 of the hindu succession act (hereinafter the 1956 act). though his enactment, by its own section 31, repealed the 1937 act, it did so only after consolidating and further extensively augmenting the rights of female hindus. this 1956 act amended and codified the law relating to succession amongst hindu, in the process effecting and bringing about far-reaching and fundamental .....
Tag this Judgment!Court : Mumbai
Reported in : (1977)79BOMLR426; 1977MhLJ358
..... been invited to the case reported in hans raj v. dhanwant singh , where the court was concerned with the interpretation of section 4 of the hindu succession act, 1956 which is identical to section 4 of the act. in that case, mahajan j., as he then was, delivering the judgment of the bench, after referring to the provisions of section 4(1) ..... as meaning that there is no provision made 'in the matter' of the wife's capacity to adopt during the lifetime of the husband.27. the act itself is an act to amend and codify the law relating to adoptions and maintenance among hindus. elaborate provisions are made in chap. ii which must be complied with if the adoption is ..... page 1156, that that was also the position according to all the schools of hindu law. it is, therefore, clear that prior to the coming into force of the act, which is an act to amend and codify the law relating to adoptions and maintenance among hindus, a hindu wife could adopt only with the consent of her husband and in no other .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1992Bom214
..... , custom or usage having the force of law. article 13(4) of the constitution provides that the constitution amending act falling under article 368 of the constitution shall not be governed by article 13. the validity of a constitutional amendment act is liable to be judged with reference to the yardstick of 'basic structure' evolved by the highest court of ..... by the president abandoned at the hearing of his petition his claim to the privy purse payable to the ruler of dholpur, and pressed his claim by succession under the hindu law to the private property of the former ruler. the court was not called upon to decide and did not decide that article 366(22) was ..... . i passed order dated 17th may, 1991 on the petition keeping in substance the questions formulated in this order of reference open.3. section 51 of the indian succession act, 1925 reads as under:--'51. division of a male intestate's property among his widow, children and parents.--(1) subject to the provisions of sub-section (2), .....
Tag this Judgment!Court : Mumbai
Reported in : (1980)17CTR(Bom)27; [1982]136ITR279(Bom); [1980]4TAXMAN242(Bom)
..... . in the course of the argument, shri joshi appearing for the revenue has referred us to the provisions of s. 5, cl. (2) of the hindu succession act. section 5 of the hindu succession act is not made applicable to 'any estate which descends to a single heir by the terms of any covenant or agreement entered into by the ruler of an ..... enactment and their scope are also different and the two enactment are not at all in pari materia.14. we also find that there is intrinsic evidence in the amended provisions itself which would fully indicate that s. 4(6) could not be construed as a mere declaratory provisions setting out the prevalent legal position with regard to the ..... whether an impartible property was the individual property of the owner and in that context it was urged before the andhra pradesh high court that the amended s. 4(6) of the w.t. act was more or less of a declaratory or explanatory nature and this contention was accepted by the learned judges. the learned judges noticed the fact .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1961Bom300; (1961)63BOMLR576
..... during the pendency of the litigation. if, therefore, the contention which is sought to be raised on behalf of the appellants is available to them under the hindu succession act, they are entitled to raise it in the present second appeal. now, the contention which has been raised by mr. deshpande for the appellants is that ..... could have challenged the said alienation, have completely disappeared by virtue of the provisions of section 15 of the hindu succession act. according to the view taken in the said case on the coming into force of the hindu succession act, the reversioners have lost their status by virtue of which they were entitled to challenge the alienation made by ..... the reversioners in respect of the said property. as we have already pointed out, the provisions of section 14 of the hindu succession act did not affect the property except such as was possessed by the hindu female. so far as the property other than the property which was referred to in section 14 is concerned, the .....
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