Judgment Search Results Home > Cases Phrase: hindu succession amendment act 2005 section 4 omission of section 23 Page 86 of about 83,762 results (0.706 seconds)

Devaki and ors. Vs. Shri M.V. Kumaran Etc.

Court : Kerala

Reported in : AIR1977Ker110

..... the second appeal.3. in both these appeals, on behalf of the defendants in the suits, the argument was that subsequent to the passing of the hindu succession act, 1956 (act 30 of 1956), there has been a devolution of interest of the deceased karnavan gopalan on his personal representatives and that therefore they were co-owners with ..... estate duty v. balakrishna menon, 1967 ker lt 148 : (air 1967 ker 210). but the reversal was on a totally different principle and, in particular, on an amendment introduced in the statute in 1958. the principle of statutory fragmentation stated in unni nayar v. union of india, 1965 ker lt 1149: (air 1966 ker 99) was ..... the rest of the members of the tarwad was only lawful, and not wrongful, possession. again, by reason of the operation of section 7(1) of the hindu succession act, thekarnavan who succeeded gopalan cannot, and does not, get possession of the share of gopalan which statutorily devolves eo instanti his death, on his personal representatives. there .....

Lakshmi Ammal and anr. Vs. Anantharama Aiyanagar and anr.

Court : Chennai

Reported in : AIR1937Mad699; (1937)2MLJ209

..... the death of mst. r., but while the appeal from this decision was pending and while mst. r. was still alive, the hindu law of inheritance (amendment) act(ii of 1929)came into force. this altered the order of succession so as to make the donee (sister's son), rank before the plaintiff-reversioners. it was held that as mst. r. was ..... still alive at the date of the coming into force of the new act, the appeal must be accepted and the suit must be dismissed ..... by the law in force previously. this in turn depends upon the question, when does the succession to a hindu male open?2. this act, as its preamble shows, has been passed with a view to alter the order of succession to a hindu male dying intestate. in the present case, if venkatakrishna, who was succeeded by his mother, is to be deemed .....

Manda Mahalakshmamma Vs. Mantravadi Suryanarayana Sastri and ors.

Court : Chennai

Reported in : AIR1946Mad294; (1946)1MLJ196

..... of the properties in suit. the first defendant claimed that she was entitled to the properties because the succession was governed by the hindu law of inheritance (amendment) act of 1929. the district munsiff held that this act had no application and that the ordinary rule of succession to stridhanam properties applied. his decision was upheld by the subordinate judge on appeal. the first defendant appealed ..... came in the first place.3. the hindu law of inheritance (amendment) act, 1929, only applies to the separate property of a hindu male who dies intestate. in such a case a son's daughter, daughter's daughter, sister and sister's son is, in the order so specified, entitled to rank in the order of succession next after a father's father and before .....

Kuppathammal Vs. Sakthi Alias Thayammal and anr.

Court : Chennai

Reported in : AIR1957Mad695

..... is also common ground. 12. the point however urged was that the right conferred by act xviii of 1937 as amended in madras had been extinguished by the repeal of act xviii of 1937 by the hindu succession act, xxx of 1956. the positive provisions of this later act conferred rights of succession provided for by it only in regard to deaths occurring after the commencement of that ..... act in june 1956 (vide ss. 8 and 10). obviously these provisions cannot apply to the present .....

P.M. Mani Vs. P.S. Mohankumar and ors.

Court : Chennai

Reported in : AIR2002Mad402

..... in that and it will become part of the joint hindu family of his son and grandson and other members who form joint hindu family with him. but this position has since been affected by section 8 of the hindu succession act. since the preamble to the act reiterates that the act is to 'amend' and codify the law and section 4 thereof makes ..... the pre-existing hindu law, the express words of section 8 of the act would prevail over the aforesaid ..... it clear that one should look to the act in case of doubt and not to .....

Gian Singh and ors. Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : AIR1996HP38

..... inquiry from the people and attested as per instructions in the settlement manual, this instruction should be amended as above.5. instruction no. 64(b):this is illegal as there is no provision under the hindu succession act to adopt the provisions of that act by scheduled tribes. the act specifically excludes the scheduled tribes and no executive instructions can be issued to the contrary. the ..... are not known. such authoritative instructions can be based on the customary rules laid down in wajib ulraz. it is sufficient to say that the hindu succession act does not apply to succession to scheduled tribes.resultantly the succession would have been governed by customs prevailing in each locality or a general customs prevalent in the district. these should be elaborately laid down in the .....

Kirpal Kaur Vs. Ram Singh and ors.

Court : Delhi

..... that heirs in class i of schedule under section 8 of the act included widow, mother, daughter of predeceased son etc. the express words of section 8 of the hindu succession act, 1956 cannot be ignored and must prevail. the preamble to the act reiterates that the act is, inter alia, to 'amend' the law, with that background the express language which excludes son ..... excluding their sons. the son of a divided son does not get right from his father by birth who is excluded by virtue of section 8 of the hindu succession act and he cannot become a coparcenar in the property in question. since defendant no.1 acquired agricultural land in village patial as his self acquired property, the husband ..... of the family and as a fresh stock of descent with his son "ss". this system now stands abrogated by virtue of section 8 of the hindu succession act read with section 4 of the said act. the separate properties of his father "f" inherited by his son "s" in which his son "ss" has no right by birth.26. .....

Nawazish Ali Khan Vs. Ali Raza Khan

Court : Privy Council

..... of disposition conferred by s. 11, oudh estates act, 1869, which applies to all taluqudaris, hindu as well as muslim. as against this view the respondent points out that neither the act of 1869 nor the amending act of 1910 mentions powers of appointment, and that ss. 78 and 79, succession act, 1855, which relate to powers of appointment, are ..... not included amongst the section incorporated in the act of 1869. their ..... to whom the estate would have descended, if the testator had died intestate. [31] the position when the amending act was passed was that under the will of nasir ali khan there were three successive tenants for life with a purported power of appointment in the survivor which was invalid under the personal law, and .....

Ramesh Advani Vs. Hiro Advani and anr

Court : Delhi

..... of acquisition / construction being of a coparcenary or of the defendant no.1 holding the same for the benefit of coparceners in the family.23. thought the hindu succession act has been amended w.e.f. 2005 making females also coparceners but the father of the parties is stated to have died much prior to the said ..... of such family who do not have any vested right in the property and to whom such property devolves in their independent / separate capacity by way of intestate succession under the hindu succession act. the pleading of the plaintiff is of a joint family of which the mother and sister of the parties were also members and not of coparcenary. section ..... becoming the 1/3rd owners each of the property on the intestate demise of their father and mother and being their only class i heirs under the hindu succession act.21. mullas commentary on hindu law, 18th edition under para 214 thereof explains the genesis of coparcenery as under:a coparcenary is created in the following manner: a .....

Master Manoj Vs. Sh. Bhuvnesh Gupta @ Bhanu and ors.

Court : Delhi

..... out of the void or voidable marriage. in such a case, in order to come within the purview of fiction as to legitimacy engrafted by the statute which is hindu succession act, the condition precedent is marriage, be it void or voidable. but the child arising out of mere illegitimate relationship without any marriage between the two persons is not ..... .31. the said proposition is explained by the supreme court in the case of revanasiddappa & anr. vs. mallikarjun, (2011) 11 scc28wherein the court observed thus: with the amendment of section 16(3), the common law view that the offsprings of marriage which is void and voidable are illegitimate `ipso-jure' has to change completely. we must recognize the ..... stigma of illegitimacy on such children who are as innocent as any other children.34. however, one thing must be made clear that benefit given under the amended section 16 is available only in cases where there is a marriage but such marriage is void or voidable in view of the provisions of the .....