Judgment Search Results Home > Cases Phrase: indian succession act 1925 section 35 rights of widower Page 1 of about 4,230 results (0.192 seconds)

Pentapati Subba Rao (Died) by Lrs. Vs. Jupudy Pardha Sarathy by Lrs. a ...

Court : Andhra Pradesh

Reported in : 2006(6)ALD693; 2007(1)ALT278

..... court held that the provisions of section 14(1) are attracted to the cases governed by the wills and that if the property is given to the female in lieu of a pre-existing right the widow becomes an absolute owner of the property and the vested remainder is accordingly nullified and the provisions of the indian succession act, 1925 will not, in such cases, ..... 546, held that where the property is given under the will to a female in lieu of pre-existing right including the right of maintenance the life estate would become an absolute estate thereby nullifying the vested remainder and to that extent there is an abrogation of the relevant provisions of the indian succession act, 1925 and this is the effect of the provisions of section 4(2) of the hindu succession act, 1956. ..... aforesaid facts and circumstances of the case, i am of the opinion that the limited interest to enjoy the property during the lifetime of veeraraghavamma blossomed into an absolute right in accordance with section 14(1), after the hindu succession act, 1956 came into force and the vested remainder created in favour of the vendor of the plaintiff is nullified.31. ..... case of the appellant/first defendant that the said veeraraghavamma - a female hindu having a limited interest in the suit schedule property becomes a full owner under section 14(1) of the hindu succession act, 1956 (for short 'the act') and therefore, veeraraghavamma is having right, title and authority to execute ex.bl will and ex.b2 codicil in his favour. .....

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

Court : Mumbai Aurangabad

..... (4) the provisions of this section shall not apply to an estate which by a customary or other rule of succession or by the terms of the grant applicable thereto descends on a single heir or to any property to which the indian succession act, 1925, applies.? ..... 32) in section 3(1) right of widow in respect of self acquired property of hindu is mentioned. ..... in this case section 3 of the hindu womens right to property act, 1937 and section 14 of the hindu succession act 1956 are discussed. ..... 28) argument was advanced by learned counsel for gurudayal singh, defendant no.1, that laxman kaur was left behind as one of the heirs along with widow of amriksingh and so as per position of hindu law in regard to inheritance and succession which existed prior to coming into force of hindu succession act 1956, laxman kaur had one half share in the property left behind by amriksingh. ..... in section 3(2) right of widow in respect of the interests of deceased male in hindu joint family property is mentioned. ..... (3) any interest devolving on a hindu widow under the provisions of this section shall be the limited interest known as a hindu woman's estate, provided however that she shall have the same right of claiming partition as a male owner. ..... it can be said that due to the provisions of hindu women's rights to property act 1937 the widow is placed in the same category as that of son. .....

N. Radhakrishna Naidu and ors. Vs. S. Govindaswami Naidu and anr.

Court : Chennai

Reported in : (1975)1MLJ212

..... . the section with which the judicial committee was concerned was section 100 of the indian succession act, 1865, corresponding to section 113 of the indian succession act, 1925.the judicial committee pointed out:the bequests to the sons, daughters, widows and issue of the testator's sons thus made do not in all possible instances dispose of the subject-matter to which they apply, and ..... 'that is to say their sons who are now in existence as also those who may be born hereafter, shall in equal shares hold the said properties in possession and enjoyment by right of inheritance, and shall maintain intact and continue the service of the established deities and the ancestral rites according to the practice heretofore obtaining.the question that came to be considered was ..... should not be read as extending the meaning of a section, they should also not be read as restricting its operation, especially so, when the effect would be to crutail a right which the plain words of the section would confer.in that case a hindu governed by the dayabhaga school of hindu law died on 7th february, 1933, leaving him surviving his widow sreemutty nayani mitra, his only son, the appellant ..... . after your lifetime ramalakshmi ammal, our daughter and wife of rama ayyar avergal of melagaram village, and her heirs shall enjoy them with absolute rights and powers of alienation such as gift, exchange, and sale from son to grandson and so on for generations.the first question that came to be considered was as to the .....

Jamunabai Bhalchandra Bhoir and ors. Vs. Moreshwar Mukund Bhoir

Court : Mumbai

Reported in : 2009(2)BomCR278

..... not apply to an estate which by a customary or other rule of succession descends to a single heir or to any property to which the indian succession act, 1925, applies.thus under section 3(1), if hindu dies intestate leaving separate property that separate property shall, devolve upon his widow along with the lineal descendants subject to the provisions of sub-section (3) and under sub-section (2), if a hindu governed by mitakshara school of hindu law died intestate having at the time of his ..... that mukund had died prior to commencement of hindu women' rights to property act and his widow gangabai did not get any interest in the property under that act, now we have to consider what would be her right in the property left behind by mukund particularly in the light of provisions of section 14(1) of hindu succession act. ..... was referred to the arbitrator and as per the terms of the reference, the award and the document executed the property was put in possession of the widow in lieu of her preexisting right to maintenance, upon coming into force of hindu succession act, her limited rights were found to have blossomed into full ownership rights and she became entitled to sell it. ..... since the properties in question were acquired by the appellant under the compromise in lieu of satisfaction of her right of maintenance, it was sub-section (1) and not sub-section (2) of section 14 which would be applicable and she must be deemed to have become full owner of the properties notwithstanding .....

Muninanjappa and ors. Vs. R. Manual and anr.

Court : Supreme Court of India

Reported in : AIR2001SC1754,2001(3)SCALE321,(2001)5SCC363,[2001]2SCR1113

..... he also referred to sections 112 and 115 of the indian succession act, 1925. ..... he further submits, in any case, even if guruswamy had a limited right, after his death his widow having right in lieu of maintenance out of any estate of her husband it would mature into full right by virtue of section 14(1) of the hindu succession act.9. ..... this was a case where the question was, whether a widow possessed of the property in question being the limited owner could she matures her right under section 14 of the hindus succession act. ..... (b) if guruswamy had a limited right, whether his widow sevamma could get absolute right under section 14(1) of the hindu succession act, 1956 to execute the impugned sale deed in favour of respondent nos ..... this appeal also raises similar question of the interpretation of a will and consequently the right of a widow of a benefactor under the will. ..... when a widow claims her right under sub-section (i) of section 14 in the hand of either coparcener or male issue or her deceased husband, it is because of her pre-existing right of maintenance to the extent of her husband share in a joint family property ..... hence the judgment of both the trial court and the appellate court holding the widow sevamma having full right is not sustainable in the eyes of law and liable to be set aside ..... in the present case her husband's right to the suit property is limited and restricted in its enjoyment under the said will, thus no right on the widow could be conferred more than what her husband .....

Shivappa Gurappa Shettar Vs. Virbhadrappa Shivarudrappa Kalaspur

Court : Mumbai

Reported in : AIR1943Bom423; (1943)45BOMLR844

..... so he argues that, according to section 86 of the indian succession act, 1925, when the same words occur in different parts of the same will, they shall be taken to have been used everywhere in the same sense, unless a contrary intention appears ..... it is contended that under section 119 of the indian succession act, as gurappa was to take the property after the life estate of his widows, he took a vested interest, and, therefore, after his death, it passed to his son and heir, the plaintiff ..... but, as i have pointed out, totappa did not intend to bequeath his property either to his widows or to gurappa, but merely to see that his widows' enjoyment after his death as his natural heirs was not disturbed by any one and he also advised them as to what they should do if there were dissensions between them ..... in a proper case imply a prohibition against adoption, but it can only do that if it comes to the conclusion that on the true construction of the will the intentions of the testator can only be given effect to by treating the right to adopt as prohibited, and any implied prohibition must be restricted to the purposes for which prohibition is held to be required.7. ..... thus, if gurappa would not be the next heir after the death of the surviving widow, he did not mean to deprive the rightful heir, whoever he may be, of his inheritance. ..... jathar rightly points out that even in connection with his widows totappa has said that they should be in enjoyment (upabhog) of his property after his death .....

Ranu Thaku Kokate Vs. Santu Goga Bhangare and ors.

Court : Mumbai

Reported in : AIR1968Bom1; (1967)69BOMLR463; 1967MhLJ844

..... (5) the provisions of this section shall not apply to an estate which by a customary or other rule of succession or by the terms of the grant applicable thereto descends to a single heir or to any property to which the indian succession act, 1925, applies. ..... (16) if the right of partition conferred by sub-section (3) of section 3 is a right such as well recognised in the hindu common law till the date of the act, then it must follows as a necessary corollary that when the widow claims a partition as a male owner she claims partition no doubt in her own right, but to the property of her husband . ..... (of ilr mad) = (at pp 230-231 of air) as follows:- 'to sum up, section 3(2) of the act does not operate as a severance of interest of the deceased coparcener; the right which a widow gets under that section is not as heir of her deceased husband; it is a statutory right based on the recognition of the principle that a widow is the surviving half of her deceased husband; that the incidents of that rights are those specified in the act; that such right is one personal to the widow and comes to an end on her death; that the estate ..... (with the third point we are not here directly concerned)' then the learned judge pointed out that the rights of a widow under the general hindu law in the joint family property were well settled; 'that the wife of a coparcener becomes a member of the family, though she does not attain the status of a coparcener. .....

Raja Rama Vs. FakuruddIn Sahib and ors.

Court : Chennai

Reported in : AIR1930Mad218; (1930)58MLJ210

..... it is material to observe that section 278, indian succession act, 1925, requires that a petitioner for letters of administration shall state in his application, inter alia, the right in which the petitioner claims; and section 218 (1), indian succession act, provides thatif the deceased has ..... it follows that, this being the purpose of the description of the petitioners, defendants 1, 2 and 3 as the sons and the widow of the deceased in their application for the grant, they must be taken to have made the acknowledgment of the liability for the debts set out in ..... suit to recover money due on promissory notes against the defendants who are the sons, widows and a daughter of the deceased executant of the notes is barred by limitation.2. ..... authority can be implied, because at the time when the petition for administration was filed defendants 1 to 3 were disputing the claim of defendant 4 to be the widow of the deceased and of defendant 5 to be his legitimate daughter. ..... the petitioners here, being the sons and widow of the deceased, were the persons entitled by muhammadan law to the estate, or at least a part of the deceased's estate, and were in consequence entitled to the grant, and a joint grant of administration ..... us, that such an acknowledgment is to be found in a petition filed in this court on the 9th october, 1919, for a grant of letters of administration, by defendants 1, 2 and 3, of whom defendants 1 and 2 are sons and defendant 3 a widow of the deceased executant of the notes. .....

Krishnan and ors. Vs. Ammalu and ors.

Court : Kerala

Reported in : AIR1972Ker91

..... the provisions of this section shall not apply to an estate which by a customary or other rule of succession or by the terms of the grant applicable thereto descends to a single heir or to any property to which the indian succession act 1925 applies. ..... this is quite consistent with section .2 of the hindu widows' re-marriage act which refers to the forfeiture by a widow of her rights to her husband's property on her ..... and i will extract the section here:'all rights and interests which any widow may have in her deceased husband's property by way of maintenance or by virtue of any will or testamentary disposition conferring upon her, without express permission to re-marry, only a limited interest in such property, with no power of alienating the ..... any interest devolving on a hindu widow under the provisions of this section shall be the limited interest known as a hindu woman's estate, provided however that she shall have the same right of claiming partition as a male owner ..... section 3 of the hindu women's rights to property act, 18/1937 as amended by act 11/1938 is relevant for the purpose of this appeal and i will extract the section here,'(1) when a hindu governed by the dayabhaga school of hindu law dies intestate leaving any property, and when a hindu governed by any other school of hindu law or by customary law dies intestate leaving separate property, his widow or if there is more than one widow all his widows together, shall, subject to the provisions of sub-section (3), be .....

1.S.Vedaraj Pillai ( Died) Vs. 1.Meyyammai

Court : Chennai

..... would further contend that under section 33(b) of the indian succession act,1925, the widow of durairaj pillai derives only half share in the property and the appellants / plaintiffs is one of the second cousin of the said durairaj pillai and also one of the kindrend and therefore, in the suit, the appellants have also a right. ..... argument, learned counsel for the appellants raised another additional substantial question of law, which is as follows:- 'whether the courts below are right in determining that the plaintiff has no right in the suit property, whereas durairaj pillai who is the original owner of the suit property, being a christian died intestate leaving no lineal descendants and the plaintiff being a kindred to durairai pillai, the plaintiff is entitled to a share in the suit property under section 33(b) of the indian succession act,1925? 13. ..... , the plaintiff claims declaration under section 33(b) of the indian succession act at this length point of time ..... went one step ahead stating that even if it is proved that the said lourdhumari is the wife of the deceased durairajpillai, as per the indian succession act, she will have only half share of the property in question and therefore, she cannot sell the entire property. ..... these happening, now, learned counsel for the appellants admits that if lourdhumari is the wife of the said durairaj pillai, then he wants to claim the benefit under the indian succession act and thereby, the plaintiff / appellants are claiming half share.16. .....