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Judgment Search Results Home  Phrase:hindu succession act 1956 1956 section 6

Oct 03 2007

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

  • Decided on : 03-Oct-2007

Court : Andhra Pradesh

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

... 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 Statement of Objects and Reasons it was mentioned:The Hindu Succession Act, 1956 has amended and codified the law relating to intestate succession among Hindus. The Act brought about changes in the law of succession ... in Hindu Mitakshara Coparcenary property. The Kerala Legislature has enacted the Kerala Joint Hindu Family System (Abolition) Act, 1975.It is proposed to remove the discrimination as contained in Section 6 of the Hindu Succession Act, 1956 by giving equal rights to daughters in the Hindu Mitakshara Coparcenary property as the sons have. Section 23 of the Act ... to the other contentions, which had been advanced before this Court in relation to Section 29-A of the Hindu Succession Act, 1956 as amended by the State of Andhra Pradesh and also Section 6 of the Hindu Succession Act (as amended by Act 39/2005). In a suit of this nature, it is but natural that ... Section 6 of the Hindu Succession Act, 1956 by giving equal rights to daughters in the Hindu Mitakshara Coparcenary property as the sons have. Section 23 of the Act disentitles a female heir to ask for partition in respect of a dwelling house wholly occupied by a joint family until the male heirs choose to divide their respective shares therein. It is also proposed to omit the said section ...

Apr 27 2012

Ms. Nayan Bharti Vs. Dr. S.S. Srivastava and Others

  • Decided on : 27-Apr-2012

Court : Delhi

... The defendant No.1 further asserts that the plaintiff has placed reliance on Section 6 of the Hindu Succession Act, 1956 in support of her contention that her father died intestate and the brothers and sisters are entitled to equal share as per Section 6 of the aforesaid Act, however, Section 6 of the Hindu Succession Act, 1956 would not apply since Section 6 deals only with coparcenary property, whereas the suit property is the self- ... intents and purposes. 5. The plaintiff claims that all the surviving legal representatives were entitled to an equal share i.e. one-fifth each, as per the provisions of Section 6 of the Hindu Succession Act, 1956 in the estate of late Shri Ram Singh Srivastava. The plaintiff having learnt from her relatives that the defendant No.1, who was in occupation of the suit ... support of her submission that the instant suit for partition is barred by limitation; and is even otherwise not maintainable in view of the fact that the provisions of Section 6 of the Hindu Succession Act, 1956 relied upon by the plaintiff have no application to the present suit. Dr. Pappu contended that the ratio of the decision in Maha Singhs case (supra) is ... . 26. As regards the plea of the defendant No.1 that the plaint is liable to be rejected in view of the reliance placed by the plaintiff on Section 6 of the Hindu Succession Act, 1956, there is no merit in the said plea. The stand of the plaintiff all along has been that her father had died intestate and she was entitled to ...

Nov 24 1993

Commissioner of Income-tax Vs. H.H. Rajendrasinghji, Maharaja of Rajpi ...

  • Decided on : 24-Nov-1993

Court : Mumbai

Reported in : [1995]213ITR225(Bom)

... Hindu Succession Act of 1956, devolution of Rajpipla Palace is governed by section 6 of the Hindu Succession Act, 1956. From the facts on record, it is clear that Rajendrasinghji, on his death, left behind, apart from his son Raghubirsinghji, also his widow and two daughters. Under section 6 of the Hindu Succession Act ordinarily, when a male Hindu dies after the commencement of the Hindu Succession Act, 1956 ... Hindu Succession Act of 1956 will have to be applied. Rajpipla Palace therefore will have to be considered as a Hindu undivided family property in the hands of Rajendrasinghji during his lifetime. 15. The deceased Rajendrasinghji died on February 2, 1963. Since this is after the coming into force of the Hindu Succession Act of 1956, devolution of Rajpipla Palace is governed by section 6 of the Hindu Succession Act, 1956 ... who, with his wife, sons and daughter constituted a Hindu undivided family at the time of his death. His heirs including his son succeeded to the properties left by the deceased under section 8 of the Hindu Succession Act, 1956. The question was whether the income from the property ... Hindu Succession Act of 1956, this property will have to be considered as a Hindu undivided family property in his hands, the property devolving on him on the death of his father in April, 1951, before the coming into force of the Hindu Succession Act, 1956. Hence the provisions of the Hindu law as applicable prior to the coming into force of the Hindu Succession Act of 1956 ...

Jun 09 2014

Ashok Gangadhar Shedge and Others Vs. Ramesh Gangadhar Shedge, since d ...

  • Decided on : 09-Jun-2014

Court : Mumbai

... Section 6 of the Hindu Succession Act, 1956 as amended by the Amendment Act is prospective or retrospective in operation? (b) Whether Section 6 of the Hindu Succession Act, 1956 as amended by the Amendment Act, applies to daughters born prior to 17.6.1956? (c) Whether Section 6 of the Hindu Succession Act, 1956 as amended by the Amendment Act, applies to daughters born after 17.6.1956 and prior to 9.9.2005? (d) Whether Section 6 of the Hindu Succession Act, 1956 as amended by the Amendment Act ... section 6 of the Hindu Succession Act, 1956, or in an altered form, or it should be totally abolished. The Commission's main aim is to end gender discrimination which is apparent in section 6 of the Hindu Succession Act, 1956, by suggesting appropriate amendments to the Act. Accordingly, in the next two chapters of this report the Commission has made a broad study of section 6 of the Hindu Succession Act, 1956, and the Hindu Succession State(Amendment) Acts ... section 6 of the Hindu Succession Act, 1956, by suggesting appropriate amendments to the Act. Accordingly, in the next two chapters of this report the Commission has made a broad study of section 6 of the Hindu Succession Act, 1956, and the Hindu Succession State(Amendment) Acts of Andhra Pradesh (1986), Tamil Nadu(1989), Maharashtra(1994) and Karnataka (1994) and the Kerala Joint Family System (Abolition) Act. The Acts ...

Aug 29 2001

Ramanlal Vs. Smt. Heeramani and Ors.

  • Decided on : 29-Aug-2001

Court : Rajasthan

Reported in : 2002(5)WLC846; 2003(2)WLN332

... Section 6 of the Hindu Succession Act 1956. 17. Proviso to Section 6 of the Hindu Succession Act, 1956 provides as under:-'Provided that, if the deceased had left him surviving a female relative specified in Class I of the Schedule or a male relative, specified in that class who claims, through such female relative, the interest of the deceased in the Mitakshara coparcenery property shall devolve by testamentary or intestate succession ... Act and there was a statutory provision for dismissal of election petition for non-compliance of Section 82 of the Above Act of 1951 in want of compliance of Section 82(2) of the Act of 1951. 47. In view of the above decision, a look at Section 23 of the Hindu Succession Act, 1956 which is quoted hereunder:'23. Special provisions respecting dwelling-houses. -Where a Hindu ... section. This Section 23 of the Hindu Succession Act, 1956 says that 'the right of any such female heir to claim partition of the dwelling- house shall not arise until.. .. 'Therefore, a bare perusal of Section 23 , it is clear that the claim of the partition by the female arises for dwelling house in the given circumstances as in Section 23 and which contains following requirements; (1) A Hindu ... Nandshankar Bhatt and Ors. (6), and the Division Bench Judgment of Orissa High Court delivered in : Hemalata Dei v. Umashankari Moharna and Ors. (7), wherein it was held that when there is only one male heir then there is no bar under Section 23 of the Hindu Succession Act, 1956. 58. The ...

Feb 26 1996

K.L. Ramesh Vs. K.G. Nagaraja Gupta

  • Decided on : 26-Feb-1996

Court : Chennai

Reported in : 1996(2)CTC220

... Section 6 of the Hindu Succession Act, 1956 which introduced the concept of a notional partition immediately before the death of the father and carving out a share in the coparcenary property among the Class-I heirs of the schedule to the Act which includes a daughter, As per Tamil Nadu Amendment Act (Act 1 of 1990) which inserted Section 29-A in the Hindu Succession Act, 1956, notwithstanding anything contained in Section 6 of the Hindu Succession Act, 1956 ... the Class-I heirs of the schedule to the Act which includes a daughter, As per Tamil Nadu Amendment Act (Act 1 of 1990) which inserted Section 29-A in the Hindu Succession Act, 1956, notwithstanding anything contained in Section 6 of the Hindu Succession Act, 1956 in a Joint hindu family governed by Mitakkshara Law, the daughter of ... Hindu Joint Family and in the context of the case, 'daughter' is also member of the Hindu joint family. After the enactment of Hindu Succession Act, 1956, a daughter has a share in the coparcenary property of her father after his death under proviso and Explanation-1 of Section 6 of the Hindu Succession Act, 1956 ... Hindu Succession Act, 1956, a daughter has a share in the coparcenary property of her father after his death under proviso and Explanation-1 of Section 6 of the Hindu Succession Act, 1956 which introduced the concept of a notional partition immediately before the death of the father and carving out a share in the coparcenary property among the Class-I heirs of the schedule to the Act ...

Mar 19 2010

Pushpalatha N.V. W/o Nemraj Vs. V. Padma Widow of Vasantha Kumar D.N., ...

  • Decided on : 19-Mar-2010

Court : Karnataka

... 83. The Hindu Succession (Karnataka Amendment) Act, 1990 was enacted by the Karnataka Legislature inserting Section 6(A), (B) and (C) in the Hindu Succession Act, 1956, Central Act 30/1956 after Section 6. The State Act received the assent of the President on 28.7.1994 and it became Karnataka Act 23/1994. By the aforesaid Amendment Act for the ... Act. No female member including daughter was a member of Mitakshara co-parcenary. Therefore, the said provision did not confer any right on the daughter.83. The Hindu Succession (Karnataka Amendment) Act, 1990 was enacted by the Karnataka Legislature inserting Section 6(A), (B) and (C) in the Hindu Succession Act, 1956, Central Act 30/1956 after Section 6. The State Act ... Section 6(A), (B) and (C) in the Hindu Succession Act, 1956, Central Act 30/1956 after Section 6. The State Act received the assent of the President on 28.7.1994 and it became Karnataka Act 23/1994. By the aforesaid Amendment Act for the first time equal rights to daughters in co-parcenary property was conferred by the Karnataka State Legislature. The said law was repugnant to Section 6 ... Hindu Succession Act, 1956, Central Act 30/1956 after Section 6. The State Act received the assent of the President on 28.7.1994 and it became Karnataka Act 23/1994. By the aforesaid Amendment Act for the first time equal rights to daughters in co-parcenary property was conferred by the Karnataka State Legislature. The said law was repugnant to Section 6. However, as the said Amendment Act ...

Sep 24 1986

Controller of Estate Duty Vs. Smt. S. Harish Chandra

  • Decided on : 24-Sep-1986

Court : Allahabad

Reported in : (1987)59CTR(All)56; [1987]167ITR230(All); [1987]30TAXMAN100(All)

... Duty Act.9. The accountable person had relied on Explanation 1 to the proviso to Section 6 of the Hindu Succession Act, 1956, to substantiate her case that although she was living with her husband, on the basis of the concept of notional partition because of the fiction incorporated in Explanation 1 to the proviso to Section 6 of the Hindu Succession Act, her ... Section 6 of the Hindu Succession Act, 1956, to substantiate her case that although she was living with her husband, on the basis of the concept of notional partition because of the fiction incorporated in Explanation 1 to the proviso to Section 6 of the Hindu Succession Act, her share was only one-half of one-half which had been received by late Justice Harish Chandra.10. Section ... Hindu Succession Act, 1956, to substantiate her case that although she was living with her husband, on the basis of the concept of notional partition because of the fiction incorporated in Explanation 1 to the proviso to Section 6 of the Hindu Succession Act, her share was only one-half of one-half which had been received by late Justice Harish Chandra.10. Section 5 of the Estate Duty Act ... Consequently, there was no coparcenary, and since there was no coparcenary, neither could Section 6 nor Explanation 1 apply. In such a case, the widow or the accountable person could not by taking advantage of Explanation 1 to the proviso to Section 6 of the Hindu Succession Act, 1956, claim that she had one-fourth share. The question of notional partition ...

Sep 18 2007

Sugalabai Vs. Gundappa A. Maradi and Ors.

  • Decided on : 18-Sep-2007

Court : Karnataka

Reported in : ILR2007KAR4790; 2008(2)KarLJ406

... what was under consideration was Sections 6 and 8 of the Hindu Succession Act, 1956, whereas in the case on hand, this court considered the case of the parties in the light of the Karnataka Amendment Act of 1990, by which Section 6-A was brought in by way of amendment to the Principal Act, and by virtue of Section 6-A(b), the daughter also ... Hindu Succession Act, 1956 came into force, the said succession cannot be reopened and the vesting which has taken place, cannot be divested. Following the aforesaid law laid down by this court, in the cases on hand, the repugnancy of the provision of Section 6-A(d) of the Karnataka Act will take effect from the date on which the Central Amendment Act ... Amendment Act, 1990 coming into force or afterwards, in view of the amendment affected to the Hindu Succession Act, 1956, (for short 'the Principal Act') by the State of Karnataka by The Hindu Succession (Karnataka Amendment) Act, 1990 (Karnataka Act No. 23/1994), with effect from 30th July 1994 and the subsequent amendment brought to the Principal Act by the Central Government by the Hindu Succession (Amendment) Act, ... Hindu Succession Amendment Act 2005 it has been clearly stated that having regard to the need to render social justice to women, it is proposed to remove the discrimination contained in Section 6 of the Hindu Succession Act of 1956 by giving equal rights to daughters amongst coparcener's property as the sons have. It is this goal that has also led to Section 23 of the Principal Act ...

Feb 28 1969

V. Devaraj Vs. Jayalakhmi Ammal (decsd.) and Ors.

  • Decided on : 28-Feb-1969

Court : Chennai

Reported in : (1971)1MLJ429

... Section 6 of the Hindu Succession Act, 1956, will apply. It is not disputed before me that if Section 6 of the Act applied, by virtue of Explanation 2 to that section, on the death of Venkatesam Chettiar, his undivided interest in the properties devolved only on the 1st defendant and the 2nd defendant in equal shares. Since I have held that the suit properties are coparcenary properties to which Section 6 ... properties barring, of course, items 1, 5, 6 and 11 of plaint 'A' Schedule. It is the soundness of this contention which constitutes the only point for determination in this suit.7. Section 6 of the Hindu Succession Act, 1956, is as follows:6. When a Hindu dies after the commencement of this Act, having at the time of his death ... plaintiff entitled?* * * ** * * *6. The contention of Mr. M.S. Venkatarama Iyer learned Counsel for the plaintiff was that Section 6 of the Hindu Succession Act, 1956, uses the words 'coparcenary property', there is a difference between joint family property and coparcenary property, Section 6 being applicable to coparcenary property only has no application to the suit properties : it is Section 8 that ... suit.7. Section 6 of the Hindu Succession Act, 1956, is as follows:6. When a Hindu dies after the commencement of this Act, having at the time of his death an interest in a Mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon surviving members of the coparcenary and not in accordance with this Act:Provided that ...

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