Court : Patna
..... restraining the appellants/defendants from alienating or selling the 5/9th share of suit property but this fact alone cannot be a ground for appointment of a receiver. by hindu succession (amendment) act, 2005, daughter of a co-parcener has been made a co-parcener by birth in her own right in the same manner as the son but then sub-section ..... (5) of section 6 of hindu succession act provides that nothing contained in section 6 shall apply to a partition which has been effected before the 20th day of december, 2004 and explanation appended to sub-section ..... (5) shows that partition means any partition by execution of a deed of partition duly registered under the registration act or partition effected by the decree of a court. admittedly, in this case, partition of registered deed had taken place on 26-6-1987. in view of the .....
Tag this Judgment!Court : Patna
..... fixed deposit amount notwithstanding the order of succession provided under sections 15 and 16 of the hindu succession act. the answer would be in affirmative in view of the provisions made under the banking regulation act, 1949. in the banking regulation act, part iii-b has been inserted by virtue of banking regulation amendment act, 1984. this part consists of section ..... of her father or from her husband. undisputedly, these properties are self-acquired property of the deceased. by reading section 15 together with section 16 of the hindu succession act, it is, therefore, clear that so far as the properties described in item nos. 3, 4, 5 and 6 are concerned, it is the applicant- ..... to the exclusion of all. according to the learned counsel, the court below committed serious error of law in applying sections 15 and 16 of the hindu succession act. learned counsel lastly submitted that the deposit made in the bank were in the joint name of the deceased and the appellant which also provided the .....
Tag this Judgment!Court : Patna
..... the death of the deceased or any of his heirs to claim on intestacy a share in the interest referred to therein.7. subsequently hindu succession act, 1956 was amended by hindu succession (amendment) act, 2005 (act xxxix of 2005) and it came into force immediately on 05.06.2005 as notified by the central government in the official gazette of india ..... civil revision has arisen had been filed in the year 2006 much after coming into force of the hindu succession (amendment) act, 2005 (act xxxix of 2005) which substituted section 6 of the act and provided that in a joint hindu family governed by mitakshara law the daughter of a coparcener shall by birth become a coparcener in ..... 6 was substituted whereafter it runs as follows: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 in her own right .....
Tag this Judgment!Court : Patna
..... died in the year 1949 remains.proceedings further learned counsel for the appellants submitted that the widow had a right to maintenance and that right to maintenance, after commencement of hindu succession act, 1956, became enlarged to an absolute estate and, therefore, she is entitled to a portion of the estate left by the deceased ghasi kumhar behara and to this extent appellant ..... a judgment reported in : air1958pat319 (ramsaroop singh and ors. v. hiralall singh and ors. ).it is not in dispute that the hindu women's right to property act, 1937 as amended by bihar hindu women's right to property (extension to agricultural land) act, 1948, came into force in kharaswam and seraikella area only on 1.1.1950. that being the position he cannot contend .....
Tag this Judgment!Court : Patna
..... father. it was also not disputed that if the holder of the limited estate continued in possession of the estate till the coming into force of the provisions of the hindu succession act, 1956, subject to the fulfillment of the conditions laid down in section 14 thereof, the limited estate was enlarged into an absolute estate of the female heir.7. it was ..... wholly excluded from inheritance. the act does not make any inroad into nor has the effect of amending or altering the personal law of inheritance to which the convert was amenable prior to his or her conversion. it does not contain any provision, express or implied, enlarging or converting a limited estate inherited or inheritable under the hindu law into full or absolute .....
Tag this Judgment!Court : Patna
..... behalf of defendant 1st & 2nd set that the subject matter of the will is joint family property of late nag narayan lal and as per the provisions of the hindu succession act, 1956, joint family property cannot be the subject-matter of a will. 20. it is further submitted on their behalf that the circumstances, noted below shall ipso ..... on 12.7.1930, the testatrix again met the draftsman who explained the contents of the proposed will to the testatrix whereafter the testatrix again proposed few other amendments in the draft which was duly incorporated in the draft itself by the draftsman in his own handwriting and the draft, on the instruction of the testatrix, was ..... body, which they proclaim to have while examining themselves as a witness in the proceeding. in the circumstances, according to the defendant-2nd set without making such amendment in the plaint or the verification portion of the plaint they should not be allowed to take such stand and evidence to that effect should be ignored.19. .....
Tag this Judgment!Court : Patna
..... the death of harihar prasad singh, his widow most. bindabati devi inherited the entire property of her husband and came in possession thereof and after passing of hindu succession act, 1956, she became absolute owner of the properties left by her deceased husband and it is absolutely incorrect to say that most. bindabati devi was simply a ..... mostt. bindabati died and he cremated her dead body and performed her shradh. it appears that much after filing of the said written statement, the plaintiffs filed amendment petition for amending the plaint no. 7-10-1977 which was allowed on 19-1-1978 and thereafter paragraphs 12 'ka' and 19(2) 'ka' were added in ..... 9 in the suit as intervenor defendant.after the death of most. bindabati devi and after baidnath pd. singh was impleaded as intervenor-defendant the plaintiffs sought amendment in the plaint claiming properties of bindabati devi being the nearest reversioners going back from the original stand that most. bindabati was joint and she was simply .....
Tag this Judgment!Court : Patna
..... it's order dated 23.9.2003, in order to appear not to be self-contradictory in the first stance and to be not in contravention of the. hindu succession act as well as the hindu law governing the parties to this partition suit.' this petition of the defendant has been rejected by the learned court below by the impugned order.5. learned counsel ..... to be set aside.6. on the other hand, learned counsel for the plaintiff- opposite party submitted that a counter-claim is maintainable in all types of suit after the amendment of the code in 1976. in this connection, he relied upon several decisions of the hon'ble apex court as well as of this court, namely, in case of gurbachan .....
Tag this Judgment!Court : Patna
..... learned additional district judge in his impugned order dated 05.2.2001.9. the provision of section 28 as well as section 33 of the act has been amended by bihar hindu religious trust (amendment) act. 2006 (bihar act no. 1 of 2007) which had come into force with effect from the date of its publication in the official gazette. i.e. ..... the other. it dismissed title suit no. 22 of 1966 filed by the original appellant. the original appellant challenged the order passed by the court below in misc. (succession) case no. 188 of 1961 in civil revision no. 806 of 1977, which was subsequently withdrawn. however, the original appellant also filed first appeal no. 500 of ..... into title suit no. 22 of 1966. similarly, the original respondent no. 4 ram rajeshwar also filed a petition under section 192 of the indian succession act, which was registered as misc. (succession) case no. 188 of 1961 on the basis of vasivatnama and mokhtarnama, purported to have been executed by the same mahanth ram krishna das in .....
Tag this Judgment!Court : Patna
..... of the composition of the family and its effect on the acquisition.21. there cannot be any doubt that in view of the provisions of section 15 of the hindu succession act, the lands in question which smt. krishnamani devi was admittedly entitled to hold and possess as independent unit-holder on 9.9.70 would revert to the heirs of ..... for the state.17. in paragraphs 37 and 38 of his judgment at pages 84-85 of the report (1986 pljr 67) justice sharma noted that the amended provisions were included in the act (in the year 1973) with the sole purpose of lumping together the areas held by the landholder, his or her spouse and the minor children. the ..... in section 2(ee) as the landholder was brought in by the new section 2(ee) and further, the definition of the landholder under section 2(g) was also suitably amended. the expression family' was limited to include the spouse and minor children. the major children were left out to form separate family with their own minor children. proceeding, thus .....
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