Judgment Search Results Home > Cases Phrase: hindu succession amendment act 2005 section 4 omission of section 23 Court: mumbai Page 7 of about 7,308 results (0.158 seconds)

Sugandhabai Shivaram Hede and anr. Vs. Sundari Aba Mande and anr.

Court : Mumbai

Reported in : (1959)61BOMLR560

..... and defendant no.3 nagarbai would be the next reversionary heirs, if defendant no. 2's adoption was invalid. but, according to mr. rege, s. 14 of the hindu succession act has been made expressly retrospective and therefore pending suits would be also affected. now, mr. rege, in our opinion, is right in his contention that s. 14 is retrospective ..... , (s) : [1957]1scr452 , it has been held that by reason of the use of the expression 'whether acquired before or after the commencement of this act', s. 14 of the hindu succession act is undoubtedly retrospective, though in that case their lordships did not consider the question of the effect of the that section in the circumstances of the case. mr ..... it would not be fair to refuse plaintiff the relief claimed by her in the suit on the ground that she would not be entitled to it unless she amends the plaint deleting all references to her own and defendant no.3's status as reversionary heirs.(14) the result is that appeal fails, but paragraph 1 of .....

Kesharbai Jagannath Gujar Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR1981Bom115; (1981)83BOMLR159; 1981MhLJ1

..... the learned counsel before us conceded that the doctrine of 'relation back' in the case of adoption is no more available after the hindu succession act and the hindu adoptions and maintenance act came into force. the learned judges of the division bench also take the same view. it is conceded that the right of the ..... not justify the imposition of a limitation restricting the connotation of the expression 'full owner' used in section 14 of the hindu succession act. full ownership contemplated by section 14 of the succession act was not made by the legislature subject to any incident of dive station by adoption.12. the division beach points out in ..... in 1934 leaving behind his widow kesharbai. kesharbai inherited three gut numbers from her husband together admeasuring 26 h. and 39 rs. the amended maharashtra agricultural lands (ceiling on holdings) act, 1961 came into force on 2nd october 1975 with retrospective effect from 26th september 1970, which was the appointed day. kesharbai fifed her .....

Manohar Son of Mukundrao Deshpande Vs. Menkabai (Smt.) Wife of Mukundr ...

Court : Mumbai

Reported in : 1988(2)BomCR242

..... code in itself for the subject provided therein. this act has substantially improved the right of hindu woman. the right to property of the woman was ..... styled as a hindu woman's estate. however, this sub-section confers the right on the hindu widow for claiming partition similar to that of a male owner.18. the parliament with a view to amend and codify the law relating to intestate succession amongst hindus, has enacted the hindu succession act of 1956. the act is a complete ..... wholly occupied by the members of the family.5. the learned single judge also held that section 23 is not applicable as the succession has opened in the year 1951 long before hindu succession act came into force. the learned single judge in this behalf sought support from the decision in the case of upendra nath v. chintamani .....

Gurudayalsing S/O Mehersing Bindra Since Deceased, Through Legal Repre ...

Court : Mumbai Aurangabad

..... portion was not bequeathed by laxman kaur also and she did not dispose of this portion in any manner. 29) hindu law relating to inheritance and succession which was in existence prior to hindu succession act 1956 and also the provision of hindu succession act 1956 need to be considered to ascertain as to whether there is force in the aforesaid submissions made by the learned counsel ..... the residents of berar. there is no dispute that the aforesaid provisions of mitaksharaschool are applicable in this area. the object of provision of section 14(1) of the hindu succession act 1956 is discussed at para 15. it is observed that daughter of the deceased was entitled to have equal share when death had taken place in 1955 and when ..... result following order. 37) second appeal no.177 of 2005 is dismissed. second appeal no.644 of 2004 is disposed of as withdrawn. all civil applications stand disposed of. amendments are allowed in civil application, as payed, to bring legal representatives on record. .....

Ramnath Narayan Pai and Another Vs. Eknath Narayan Pai and Others

Court : Mumbai Goa

..... in mind the arguments advanced by both the sides, it is necessary to refer to the certain basic principles of law relating to hindu and its succession. admittedly, the parties are governed by hindu law. 27. by the amendment to the hindu succession act 2005, now, the daughter of the coparcener is also a coparcener, in her own right and, in the same manner, as a son ..... . so, after the amendment of 2005, the status of the daughters are equated with the sons. so also, there is a presumption of the hindu joint family, unless a .....

Francis Ghosal Vs. Gabri Ghosal

Court : Mumbai

Reported in : (1906)8BOMLR770

..... 18. it was in that case determined that coparcenership and the right of survivorship are incidents peculiar to hindu law, which law so far as it affected native christians was repealed by the succession act. but by what part of the succession act was this repeal affected? no section is cited in the judgment, nor in the argument before us ..... could any such section be pointed out.19. the purpose of the succession act is to amend and define the rules of law applicable to ..... intestate and testamentary succession in british india, and intestacy is the subject of part iv of the act. section 25, the first section in this part of the act, provides that a man is considered to die intestate .....

Smt. Tarabai Dattatraya Gujrathi and ors. Vs. Rangnath Vishwanath Guja ...

Court : Mumbai

Reported in : 1994(4)BomCR527

..... decree. the learned counsel further submitted that the right of maintenance is a pre-existing right of a hindu female and whatever property is acquired by a hindu female in lieu of her maintenance; by virtue of the amended hindu succession act, 1956, under section 14(1), she becomes the absolute owner of the said property. section 14(1 ..... ) of the act reads as under :-'any property possessed by a female hindu, whether acquired before or after the commencement of this act, shall be held by her as full owner ..... right of saraswatibai and the suit property was acquired by her in lieu of maintenance and by virtue of the provisions of section 14(1) of the hindu succession act, 1956 she has become the absolute owner thereof capable of being inherited by the present appellants-defendants.9. as against the aforesaid contention, mr. rege, .....

Manohar Vithal Velankiwar Vs. Controller of Estate Duty, Poona

Court : Mumbai

Reported in : [1967]63ITR379(Bom)

..... precedent to her acquiring ownership right over that share. we are here concerned with the point of time which is prior to the coming into force of the hindu succession act. the hindu succession act came into force on 17th june, 1956. we are concerned here as to the position that was obtaining on 13th july, 1955, the date on which vithal ..... this decision is cited with approval by their lordships in pratapmull agarwalla v. dhanbati bibi. at this stage it may be stated that the position however after the hindu succession act came into force on 17th june, 1956, is different and the difference has been pointed out by their lordships in munnalal v. rajkumar. the question that fell ..... by a praying that, owing to the removal of y by death, his share should be held to have increased to one moiety and the decree should be amended accordingly. the question that fell for consideration was whether on the passing of the preliminary decree declaring that y was entitled to a share in the property, y .....

Virbhadrappa Rachappa and ors. Vs. Babu Virbhadrappa and ors.

Court : Mumbai

Reported in : AIR1947Bom1

..... as his sister's sons.4. the learned district judge has referred to this line of succession and it was not disputed that the sister's sons were the next heirs under the hindu law of inheritance (amendment) act ii [2] of 1929. section 2 of the act provides that a son's daughter, a daughter's daughter, sister, and sister's son ..... shall, in the order so specified, be entitled to rank in the order of succession next after a father's father and before a ..... , however, drew my attention to the head-note in 45 bom. l.r. 434 bai mahalaxmi v. district court, broach (43) 30 : air1943bom213 ' which says that the hindu law of inheritance (amendment) act, 1929, does not apply to the province of bombay. in that case sister's sons would come in only as bandhus and therefore plaintiffs 1 to 3 and defendants .....

Smt. Reeta Bharat Arora Vs. Bharat Yasodanandan Arora @ Dhingra and or ...

Court : Mumbai

Reported in : 2001(4)BomCR1; (2001)3BOMLR636; I(2002)DMC136; 2002(1)MhLj7

..... 's case (supra), the effect of marriage contracted in contravention of proviso to section 15 of the hindu marriage act. 1955 came for consideration. the said proviso which was subsequently deleted by section 9 of the marriage laws (amendment) act, 1976, read as follows :'provided that, it shall not be lawful for the respective parties to marry ..... proceedings between the appellant lila gupta, claiming as widow of deceased rajendra kumar and respondents, who were brothers and brother's sons of rajendra kumar, about succession to the bhumidhari rights in respect of certain plots of land enjoyed by rajendra kumar in his lifetime, the latter challenging the status of the appellant lila ..... confusion.supreme court in lila gupta's case (supra), also took a note of the fact that by subsequent marriage laws (amendment) act, 1976, the said proviso to section 15 of the act came to be deleted. it therefore observed that if the proviso was so sacrosanct that its violation would render the marriage void, .....