Judgment Search Results Home > Cases Phrase: hindu succession amendment act 2005 section 4 omission of section 23 Page 5 of about 83,762 results (0.788 seconds)

Parchuri Sambasiva Rao and ors. Vs. Parchuri Srinivasarao and ors.

Court : Andhra Pradesh

Reported in : 2007(4)ALD801; 2007(5)ALT770

..... alienation shall 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.(5) nothing contained in this section shall apply to a partition, which has been effected before the 20th day of december, ..... be allotted to the child of such predeceased child of the predeceased son or a predeceased daughter, as the case may be.(4) after the commencement of the hindu succession (amendment) act, 2005, no court shall recognize any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, grand ..... of such son, grand son or great-grand son to discharge any such debt:provided that in the case of any debt contracted before the commencement of the hindu succession (amendment) act, 2005, nothing contained in the sub-section shall affect-(a) the right of any creditor to proceed against the son, grand son or great-grand son .....

N. Jangi Reddy and ors. Vs. Yellaram Narsimha Reddy and ors.

Court : Andhra Pradesh

Reported in : 2008(3)ALD39; 2008(4)ALT567

..... statement of objects and reasons it was mentioned:the hindu succession act, 1956 has amended and codified the law relating to intestate ..... nos. 35 to 42 as hereunder:the parliament obviously after taking cognizance of the amendments made by states of andhra pradesh besides tamil nadu, karnataka and maharashtra, amended section 6 of the hindu succession act in tune with section 29-a barring some exceptions by way of amendment act 39 of 2005 to the hindu succession (amendment) act, 1956, which came into force with effect from 9.9.2005. in the .....

Anshumalee Sood Vs. Sudarshana Kumari Blagan and anr.

Court : Delhi

..... time, set up a plea that the property was ancestral and that after the amendment to the hindu succession act 1956 ('act') by the hindu succession (amendment) act, 2005 which came into effect on 9th october 2005, the suit was barred under section 23 of the act. in his application the petitioner contended:a. that shri mela ram sood, the ..... the property 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 recognize any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his ..... alienation shall 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 to .....

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 .....

Radhabai Balasaheb Shirke (Since Deceased, Through Her Heirs and L.Rs ...

Court : Mumbai

Reported in : 2007(2)ALLMR823; 2007(5)BomCR324

..... coparcenary right on the daughter as a son of coparcener in a joint hindu family of mitakshara law and considered it expedient to confer such right so as to achieve constitutional mandate of equality before law by suitably amending the hindu succession act, 1956 in its application to the state of maharashtra with a retrospective ..... set out in section 16 of the act of 1956 in the order of succession mentioned in section 15 if she dies intestate.18. it, therefore, appears that in 1994 the hindu succession (maharashtra amendment) act, 1994 was introduced and was brought into force on 22.6.1994. this act, without any reservation, confers equal coparcenary ..... effect, that is, from the date of official announcement of the said policy. however, the amendments proposed are made inapplicable to the daughters married before the .....

Komatla Ranga Reddy (Died) Per Lrs and anr. Vs. Gollamoory Venkata Ram ...

Court : Andhra Pradesh

Reported in : 2008(6)ALT72

..... any such property held by her as stridhana immediately before the commencement of this act.section 6 of the act as amended by the hindu succession (amendment) act, 2005 (39 of 2005) reads as hereunder.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 ..... the light of the same, independent coparcenery right of a daughter to be upheld and in that case section 6 of the act as amended by the hindu succession (amendment) act, 2005 to be taken as having overriding effect to 14(1) of the act. the learned counsel also made elaborate submissions relating to the aspect of preexisting right, enlargement of the estate and also the meaning .....

Komatla Ranga Reddy (Died) Per L.Rs. and anr. Vs. Annavarapu Lakshmi P ...

Court : Andhra Pradesh

Reported in : 2008(4)ALT19

..... her as stridhana immediately before the commencement of this act.section 6 of the act as amended by the hindu succession (amendment) act, 2005 (39 of 2005) reads as hereunder.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 ..... was admittedly in possession of half the properties of her husband eran gowda after he died in 1341f and by virtue of section 14 of the hindu succession act she became the full owner of the properties and respondents 1 and 2 cannot therefore, proceed with the execution case. we are unable to accept ..... for consideration.1. whether kotamma was not having any right to alienate the property and her limited rights were not enlarged under section 14(1) of hindu succession act?2. to what relief?15. the appellate court recorded reasons commencing from paras 9 to 14 and ultimately dismissed the appeal.16. the applicability or .....

Yarlagadda Tulasamma and ors. Vs. Yarlagadda Pardhasaradhi Venkata Sur ...

Court : Andhra Pradesh

Reported in : 2009(3)ALT713

..... there of provides that save as otherwise expressly provided in the act any text, rule or interpretation of hindu law or any custom or usage as part of that law in force ..... limited ownershipa concept not unknown to hindu law. this limited right of the hindu widow becomes an absolute interest in view of section 14(1) and the explanation appended to it.there is an alternative angle from which the question may be considered. now the hindu succession act, 1956 has been enacted to amend and codify the law relating to intestate succession amongst the hindus. section 4 .....

Peri Bhaskararao and ors. Vs. Sathi Adilakshmi

Court : Andhra Pradesh

Reported in : AIR2006AP212

..... came to know that the 1st defendant has got an unmarried daughter who is 18th defendant who was not added in the agreement. subsequently by virtue of hindu succession amendment act of 1986 she also became entitled to a share. similarly 3rd defendant also got an unmarried daughter who is 24th defendant and she is also a necessary ..... had attained majority and had chosen to contest the litigation. the learned counsel also made certain submissions on the aspect of succession of the respective shares under the provisions of me hindu succession act 1956 as amended subsequent therein. the learned counsel also pointed out that the 34th defendant was not a party to ex. a-1 and ..... its discharge whatever the reason behind. in vanimisatti anil kumar v. jayavarapu krishna murty : air1995ap105 , it was held that in the a.p. amendment to hindu succession act came into force during the pendency of the suit for specific performance, the rights of daughters of vendor getting share in suit property according to .....

D. Saraswathy, Vs. K. Krishnasamy and ors.

Court : Chennai

Reported in : 2007(3)CTC712; (2007)4MLJ1252

..... to a partition which had been effected before the date of the commencement of the hindu succession (tamil nadu amendment) act, 1989'. 13. as per hindu succession amendment act 39 of 2005, '...nothing contained in section 6 sub-section (1) of hindu succession act shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property ..... which had taken place before the 20th day of december 2004....' thus, either under tamil nadu act or under hindu succession amendment act, the petitioners cannot seek to re-open the matter, more so at the belated stage. 14. placing reliance upon the decision reported in ..... petitioners, being daughters, they have acquired right in the suit property on 25.03.1989 by virtue of the tamil nadu hindu succession amendment act 1989 (for short 't.n.act 1 of 1990').6. the contention of the petitioners is that all three petitioners by law had acquired a share and their .....