Skip to content


Judgment Search Results Home > Cases Phrase: hindu disposition of property act Page 8 of about 20,482 results (0.120 seconds)

Sep 21 1995 (HC)

Mohinder Singh and ors. Vs. Karam Singh and anr.

Court : Punjab and Haryana

Reported in : (1996)112PLR254

..... , in accordance with the provisions of the indian succession act, 1925 (39 of 1925), or any other law for the time ..... for the appellants placed reliance upon section 30 of the hindu succession act for the proposition that the sale made by karta to the extent of his share is protected. section 30 of the hindu succession act reads as under:-'30. testamentary succession : any hindu may dispose of by will or other testamentary disposition any property, which is capable of being so disposed of by him ..... defendant are invalid even as regards his interests in the joint family properties.'15. the apex court in case reported as mukund singh v. wazir singh, (1972) 4 supreme court cases, 178, repelled the contention of the counsel that section 30 of the hindu succession act applies not only to disposition by will or other testamentary instruments but also to instruments inter vivos ..... being in force and applicable to hindus.explanation :- the interest of a male hindu in a mitakshara coparcenary property, the interest of a member .....

Tag this Judgment!

Mar 16 1966 (HC)

Jayantilal Mansukhlal and anr. Vs. Mehta Chhanalal Ambalal

Court : Gujarat

Reported in : AIR1968Guj212; (1968)0GLR129

..... the law relating to intestate succession among hindus. but, the act also deals with testate succession. chapter iii of the act deals with testamentary succession. section 30 of the act which finds its places in chapter iii provides that any hindu may dispose of by will or other testamentary disposition any property which is capable of being so disposed of by him in ..... being disposed of by a will. section 30 thus recognises testamentary disposition where none existed before. section 6 of the act deals with devolution of interest in coparcenary property and its proviso deals with the devolution of the interest of ..... accordance with law. the explanation provides, inter alia, that the interest of a male hindu in a mitakshara coparcenary property shall be deemed to be property capable of ..... the deceased in the mitakshara coparcenary property by testamentary of intestate succession as the case may be in the event .....

Tag this Judgment!

Jan 18 1971 (HC)

Commissioner of Income-tax Vs. Pushpa Devi

Court : Delhi

Reported in : ILR1971Delhi292; [1971]82ITR7(Delhi)

..... heirs of title last full female owner in the case of stridhana property. she never becomes a fresh stock of descent. the restrictions on her power of disposition are the same whether she inherits from a male or a female. by the hindu women's right to property act, 1937, the widow of a hindu and his widowed daughter-in-law and grand daughter-in-law ..... are entitled to inherit his estate, not only in default of, but along with his male issue. the widow of a deceased coparcener in a mitakshara hindu ..... the joint family hotchpotch.(18) a reference was also made before the tribunal to fhe position of the hindu female under the hindu women's rights to property act, 1937 and the hindu succession act. 1956 and it was said that her position now is almost on a par with that of a co-parcener though technically speaking there are some minor points to discrimination. ..... as the sons remain united. she has merely a right to maintenance. her own heirs on the other hand. lose all their interest in the property.(29) we were next referred to the hindu women's right to property act, 1937 and sections 6 to 30 of the hindu succession act, 1956. these statutes have no dobut made serious in-roads into the pure principles of .....

Tag this Judgment!

Mar 21 2007 (HC)

Damalanka Gangaraju and ors. Vs. Nandipati Vijaya Lakshmi and ors.

Court : Andhra Pradesh

Reported in : 2007(4)ALD694

..... a muslim, christian, parsi or jew by religion. in the case of a testamentary disposition, this act does not apply and the interest of the deceased is governed by the indian succession act, 1925.section 6 of the act deals with devolution of interest of a male hindu in coparcenary property and recognizes the rule of devolution by survivorship among the members of the coparcenary. the ..... (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.a reading of the above provision makes it ..... on record held that the marriage of the plaintiff was performed subsequent to the amendment to section 29 of the hindu succession act, 1956 (for brevity, 'the act') and she is entitled to a share in the plaint-a & b schedule joint family properties. it disbelieved the adoption pleaded by d1 and d6. the sale in favour of dw.11 under ex.b3 and ..... which a female hindu becomes entitled by virtue of the provisions of clause (i) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this act or any other law for the time being in force, as property capable of being disposed of by her by will or other testamentary disposition;(iv) nothing in clause .....

Tag this Judgment!

Oct 03 2007 (HC)

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

Court : Andhra Pradesh

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

..... a muslim, christian, parsi or jew by religion. in the case of a testamentary disposition, this act does not apply and the interest of the deceased is governed by the indian succession act, 1925.section 6 of the act deals with devolution of interest of a male hindu in coparcenary property and recognizes the rule of devolution by survivorship among the members of the coparcenary. the ..... chapter shall apply 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 ..... above proposals are based on the recommendations of the law commission of india which is contained in its 174th report on 'property rights of women proposed reform under the hindu law.the bill seeks to achieve the above objectsobviously, the central act 39 of 2005 was introduced in order to bring out uniformity through-out the country. the stipulation that the marriage of ..... which a female hindu becomes entitled by virtue of the provisions of clause (i) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this act or any other law for the time being in force, as property capable of being disposed of by her by will or other testamentary disposition;(iv) nothing in this .....

Tag this Judgment!

Jul 22 1954 (HC)

L. Bappu Ayyar and anr. Vs. Renganayaki and ors.

Court : Chennai

Reported in : AIR1955Mad394

..... is capable of taking effect. it is, therefore, clear that by the madras act 26 of 1947 the central acts, namely, the hindu women's rights to property act, 1937, and the amending act, the hindu women's rights to property act (act 11 of 1938) were extended in their operation to ..... all kinds of property, whether agricultural or otherwise, in which ..... are attempting to broaden the right of the member of the joint family with regard to testamentary dispositions of his share of the joint family properties. one tiling is clear and that is the hindu women's rights to property act and its extension to agricul-tural property as well in the madras state can come into play only where a person dies intestate and ..... in this act shall apply to the property of any hindu dying inleslate before the 26th day of november 1946' and there was an explanation added to section 3 which was to the effect that a person shall be deemed to die intestate within the meaning of the section in respect of all property of which he has not made a testamentary disposition which .....

Tag this Judgment!

Jun 25 2004 (HC)

Senthil Kumar, Represented by Guardian Chockalinga Mudaliar and Sarasw ...

Court : Chennai

Reported in : AIR2004Mad403; (2004)3MLJ370

..... could not have executed the will dated 11-10-84 in relation to the joint family properties. it is useful to refer section 30 of the hindu succession act, 1956 which reads as under:'section 30. testamentary succession: any hindu may dispose of by will or other testamentary disposition any property, which is capable of being so disposed of by him, in accordance with the ..... provision makes it clear that any hindu may dispose of by will or other testamentary disposition any property, which is capable of being so disposed of by him, in accordance with the provisions of the indian succession act, 1925. the explanation clarify that the interest of a male hindu in a mitakshara coparcenary property shall be deemed to be property capable of being disposed of by ..... provisions of the indian succession act, 1925, or any other law for the time being in force and ..... applicable to hindus. explanation: the interest of a male hindu in a mitakshara coparcenary property or the interest of a member of .....

Tag this Judgment!

Oct 11 2013 (HC)

Ranvir Dewan and anr Vs. Rashmi Khanna and ors

Court : Delhi

..... distinguished all these cases, as it was clearly proved therein, that the properties had been given to a female hindu, either in recognition of or in lieu of her right to maintenance under the shastric hindu law or under the hindu adoption and maintenance act, 1956. consequently, these were instances where the dispositions of property, albeit as a limited estate, would blossom into a full interest ..... by reason of sub-section (1) of section 14 of the act. learned counsel further contended that, there is no absolute rule ..... that all properties demised to a female hindu were necessarily in recognition of or ..... for the first time on account of the testamentary disposition made by col. b.r. dewan through the medium of the will. plaintiff no.2 has no pre-existing right to the suit property and hence, her limited rights as given to her do not get enlarged. section 14(1) of the hindu succession act is not attracted.53. in view of the .....

Tag this Judgment!

Mar 23 2005 (HC)

Priyamvada Devi Birla, Rajendra Singh Lodha Vs. Laxmi Devi Newar and a ...

Court : Kolkata

Reported in : 2005(4)CHN544

..... , in accordance with the provisions of the indian succession act, 1925 (39 of 1925), or any other law ..... the learned counsels for the parties; in my view a hindu testatrix or testator cannot dispose of anything otherwise than mentioned in the provision of section 30 of the hindu succession act, 1956. the said section is quoted hereunder:'30. testamentary succession.--any hindu may dispose of by will or other testamentary disposition any property, which is capable of being so disposed of by him ..... a coparcenary property or the interest of ..... for the time being in force and applicable to hindus.explanation--. the interest of a male hindu in a mitakshar .....

Tag this Judgment!

Mar 26 2014 (HC)

Sangeeta Bhambani Vs. Jatinder Sardana and ors

Court : Delhi

..... she would have had if she had been a son. however the proviso to section 6 of the hindu succession act as amended provides that nothing therein affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place prior to 20th december, 2004. the supreme court in ganduri koteshwaramma vs. chakiri yanadi (2011) 9 ..... date of demise of shri uttam sardana being the father of shri chiranjiv lal sardana. if shri uttam sardana died after the coming into force of the hindu succession act, 1956, any properties even if inherited by shri chiranjiv lal sardana from his father shri uttam sardana would be held by shri chiranjiv lal sardana as his individual ..... law, only by virtue of the 2005 amendment act. this court also in ..... scc788has held that the right accrued to a daughter in the property of the joint hindu family governed by the mitakshara .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //