Judgment Search Results Home > Cases Phrase: hindu succession amendment act 2005 section 4 omission of section 23 Court: supreme court of india Page 1 of about 10,984 results (4.581 seconds)

Har Naraini Devi . Vs. Union Of India

Court : Supreme Court of India

..... the fixation of ceilings or for the devolution of tenancy rights in respect of such holdings.22. till 2005, to be specific 09.09.2005, when the hindu succession (amendment) act of 2005 was enacted, the aforesaid provision remained on the statute. it is not in dispute that the 9 (1997) 11 scc15713 property in question is agricultural ..... of: (i) violation of article 14; (ii) women being discriminated despite world over the rights of women were being empowered; (iii) hindu succession act, 19562 would prevail over the 1954 act.7. division bench of the high court considered the various submissions advanced and placing reliance on the fact that 1954 2 hereinafter referred to as ..... succession to a hindu by religion as stated in section 2 thereof. the existence or absence of section 4(2) in the 1956 act would be immaterial. 17 iii. effect of the judgment given in the case of vineeta sharma:27. the argument advanced by the learned counsel for the appellants is that the applicability of amendment .....

G. Sekar Vs. Geetha and ors.

Court : Supreme Court of India

Reported in : AIR2009SC2649; 2009(3)AWC2740(SC); 2009(57)BLJR2083; 2009(6)BomCR413; 2010(I)OLR(SC)452; 2009(5)SCALE559; (2009)6SCC99; 2009(6)LC2774(SC); 2009AIRSCW4075

s.b. sinha, j.1. leave granted.2. 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.3. the said question arises in the ..... coparcener of a mitakshra family under the old hindu law vis-`- vis hindu succession act, 1956. the contention raised therein that the provisions of the amendment act, 2005 will have no application as the succession had opened in 1989 was negatived, holding:21. the act indisputably would prevail over the old hindu law. we may notice that the parliament, ..... upon the female heirs, even in relation to the joint family property, enacted hindu succession act, 2005. such a provision was enacted as far back in 1987 by the state of andhra pradesh. the succession having opened in 1989, evidently, the provisions of amendment act, 2005 would have no application. sub-section (1) of section 6 of .....

P.S. Sairam and anr. Vs. P.S. Rama Rao Pisey and ors.

Court : Supreme Court of India

Reported in : AIR2004SC1619; 2004(2)ALD108(SC); 2004(5)ALLMR(SC)386; 2004(2)AWC998(SC); (SCSuppl)2004(2)CHN184; 2004(1)CTC619; [2004(2)JCR98(SC)]; JT2004(2)SC114; 2004(4)KarLJ355; 2004(2

..... be invalid. it was further held that the defendants failed to prove due execution of the will. the court held that section 6a of hindu succession (karnataka amendment) act, 1990 [hereinafter referred to as 'the karnataka amendment'] which conferred equal right to a daughter in co-parcenary property, was applicable in the present case, but defendant nos. 1(a) and ..... defendant no. 1, the plaintiff was entitled to only 11/40th share in item no. 1 property in terms of section 6 of the hindu succession act, 1956 (hereinafter referred to as 'the act') and 1/10th share in item no. 2 property, but the high court committed an error in holding that he was entitled to 11/30th ..... in holding that the plaintiff was entitled to 11/30th share in the joint family property as under the provisions of section 6 of the act, interest of a male hindu in the mitakshara coparcenary property shall not devolve by survivorship upon the surviving members of coparcenary in case he died leaving behind a female relative .....

G. Varalakshmi and anr. Vs. G. Srinivsa Rao (D) Thru Lrs. and anr.

Court : Supreme Court of India

Reported in : 2009(5)ALT61(SC); JT2009(13)SC622; 2010(2)MhLJ81(SC); 2009(II)OLR(SC)478; 2009(10)SCALE733; (2009)9SCC48

..... of this court in g. sekar v. geeta : (2009) 6 scc 99 pronounced by one of us (hon'ble s.b. sinha j.), the effect of amendment in the hindu succession act, 1956 by reason of the hindu succession (amendment) act, 2005 insofar as therein section 23 has been omitted was considered. it was held as under:21.the said property belonging to govinda singh, therefore, having devolved ..... beneficiaries in terms thereof. furthermore, the state of andhra pradesh amended section 6 of the hindu succession act by a.p. hindu succession act, 1987 in terms whereof the daughters also by reason of a legal fiction became coparceners. similar provision has been introduced by the parliament by hindu succession (amendment) act, 2005 and the effect of such a state amendment in relation to the state of tamil nadu has been considered .....

R. Mahalakshmi Vs. A.V. Anantharaman and ors.

Court : Supreme Court of India

Reported in : 2010(1)AWC356(SC); (2009)9SCC522009AIRSCW4963:2009(5)LHSC3134

..... sekar v. geetha : (2009) 6 scc 99 pronounced by one of us (hon'ble s.b. sinha, j.), the effect of amendment in the hindu succession act, 1956 by reason of the hindu succession (amendment) act, 2005 insofar as therein section 23 has been omitted, was considered. it was held as under:21. the said property belonging to govinda singh ..... to a daughter married before the date of the commencement of the hindu succession (tamil nadu amendment) act, 1989;(v) nothing in clause (ii) shall apply to a partition which had been effected before the date of the commencement of the hindu succession (tamil nadu amendment) act, 1989.29. perusal of the aforesaid provision of law makes it ..... was appointed to address this appeal. he has contended that the following questions are to be answered by us:1) as per the provisions contained in hindu succession act, 1956, unmarried daughter is only entitled for right to residence but not for any exclusive share.2) despite the registered deed of partition having been filed .....

Makineni Venkata Sujatha Vs. Land Reforms Tribunal and anr.

Court : Supreme Court of India

Reported in : AIR2000SC3191; 2000(6)ALT31(SC); 2000(7)SCALE161; (2000)8SCC196; [2000]Supp4SCR15

..... reforms tribunal in 1987 in the land ceiling proceedings pertaining to her father claiming that by virtue of section 29a as introduced by the a.p. amendment act 13/ 86 to the hindu succession act (act 30/56) as inserted w.e.f. 5-9-85, the petitioner had become a coparcener being unmarried on that date (she got married ..... (iv) nothing in clause (ii) shall apply to a daughter married prior to or to a partition which had been effected before the commencement of the hindu succession (andhra pradesh amendment) act, 1986.8. relying on the language of section 29a, it was contended by sri p.p. rao, learned senior counsel for the petitioner that under section ..... we shall deal initially with the contention based on section 29a introduced into the hindu succession act, 1956 by the ap amendment of 1986. the andhra pradesh land ceiling act (act 1 of 1973) act was published in andhra pradesh gazette on 1-1-73. under the act, the determination of the retainable area of agricultural land was to be done with .....

Bay Berry Apartments Pvt. Ltd. and anr. Vs. Shobha and ors.

Court : Supreme Court of India

Reported in : AIR2007SC226; 2007(1)AWC266(SC); (SCSuppl)2007(1)CHN68; JT2006(9)SC404; 2006(10)SCALE596

..... intestate' under the hindu succession act is stronger. the words 'where a male hindu dies after the commencement of this act' in section 6 and their absence in section 8 ..... time, as pointed out by the privy council, is the date when the succession opens, namely, the death of the widow. it is interesting to note that the privy council was interpreting the provisions of the hindu law of inheritance (amendment) act, 1929 where the two contrasting expressions found in the hindu succession act, 1956 are not found. the case for the interpretation of the words 'dying .....

Vineeta Sharma Vs. Rakesh Sharma

Court : Supreme Court of India

..... nos.1766 1767 of2020judgment arun mishra, j.1. the question concerning the interpretation of section 6 of the hindu succession act, 1956 (in short, 'the act of 1956') as amended by hindu succession (amendment) act, 2005 (in short, 'the act of 2 2005') has been referred to a larger bench in view of the conflicting verdicts rendered in two ..... bill of 2004 read thus: (5) nothing contained in this section shall apply to a partition, which has been effected before the commencement of the hindu succession (amendment) act, 2004. 111. shri r. venkataramani, amicus curiae, argued that proviso to section 6 is plain and clear. all dispositions, alienations, testamentary depositions, ..... taken place immediately before his death, irrespective of whether he was entitled to claim partition or not. 53 (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 .....

B. Chandrasekhar Reddy (D) by Lrs. Vs. State of Andhra Pradesh

Court : Supreme Court of India

Reported in : AIR2003SC2322; 2003(4)ALT9; JT2003(4)SC127; 2003(4)SCALE209; (2003)5SCC585; [2003]3SCR870

..... during the pendency of the revision, b. chandrashekhar reddy died and his lrs were impleaded. pending this revision application, there was a state amendment to section 29 of the hindu succession act whereby section 29a was inserted. the appellants contended that they were entitled to the benefit of section 29-a and thus an additional ground ..... fixed treating them as additional members of the family. however, the high court rejected the plea of the appellants and held that the amendment to section 29 of the hindu succession act will not after the position and the appellants herein are not entitled to get any additional share.3. in order to appreciate the ..... shall apply to a daughter married before the date of the commencement of the hindu succession (a.p. amendment) act, 1989;(v) nothing in clause (ii) shall apply to a partition which had been effected before the date of the commencement of the hindu succession (a.p. amendment) act, 1989.'9. the provisos to sub-section (iv) & (v) of .....

Ganduri Koteshwaramma and anr. Vs. Chakiri Yanadi and anr.

Court : Supreme Court of India

..... the commissioner and before passing of the final decree, the hindu succession (amendment) act, 2005 (for short, `2005 amendment act') came into force on september 9, 2005. by 2005 amendment act, section 6 of the hindu succession act, 1956 (for short `1956 act') was substituted. having regard to 2005 amendment act which we shall refer to appropriately at a later stage, the ..... 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 ..... 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 .....