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Search Results Judgments > Act:HINDU SUCCESSION ACT, 1956 1956 Section 6

Oct 12 2007

Amudha Rani, Vs. K. Veeraraghavan alias K.V. Raghavan and Ors.

  • Decided on : 12-Oct-2007

Court : Chennai

Reported in : AIR2008Mad64; (2008)1MLJ610

... defendants 2 to 5, his 1/5th interest in item No. 1 of plaint 'A' schedule property would devolve in accordance with Section 6 of the Hindu Succession Act. It must be taken that Defendant No. 1 was a coparcener in respect of such 1/5th interest along with his four ... amendment, she must be taken to be a coparcener.15. Section 29A of the Hindu Succession Act, a part of Chapter II-A, was inserted by Tamil Nadu Amendment Act 1 of 1990 with effect from 25.3.1989. As per Section 29-A(i), the daughter of a coparcener shall ... 5th interest of the original first defendant, so far as the third plaintiff is concerned, she being unmarried in 1989, when the Hindu Succession Act (Tamil Nadu Amendment) Act, 1989 came into force, such unmarried daughter should be treated as a coparcener along with other sons, namely, the defendants 2 to ... Section 29-A(ii), the daughter shall be entitled to the same share as allottable to a son. However, as per Section 29-A(iv), nothing in Chapter II-A shall apply to a daughter married before the date of the commencement of the Hindu Succession (Tamil Nadu Amendment) Act, 1989.16. The Tamil Nadu Amendment Act ... Hindu Succession (Tamil Nadu Amendment) Act, 1989.16. The Tamil Nadu Amendment Act came into force with effect from 25.3.1989. The plaintiffs 1 and 2 were admittedly married before such date but the third plaintiff was unmarried on the said date. The moot question is therefore whether the third plaintiff is entitled to the benefit as envisaged under Section ...

Feb 16 1996

Commissioner of Income Tax Vs. Balubhai Nanubhai (Huf)

  • Decided on : 16-Feb-1996

Court : Gujarat

Reported in : (1996)133CTR(Guj)298; [1996]220ITR334(Guj)

... claim was founded on the ground that on the death of Nanubhai in 1957 when Hindu Succession Act, 1956 was in force and he left behind, female heirs of Class I specified under the Schedule, in terms of s. 6 of Hindu Succession Act the share of Nanubhai in HUF property devolved by succession on the heirs of Nanubhai and did not devolve by survivorship on the remaining ... behind three sons Nanubhai, Chunilal and Jinabhai. Chunilal died and his share in the property devolved by survivorship on Nanubhai and Jinabhai. Nanubhai died on 21st March, 1957, after Hindu Succession Act, 1956 came into force, leaving behind his three sons, widow Maniben and four daughters. After the death of Nanubhai, the partition of the entire property under the status of bigger ... to claim partition under customary Hindu Law. This position can be said to have been altered as per decision of Supreme Court to the extent that in case a Hindu male having an interest in Hindu coparcenary dies intestate, leaving a female heir or male heir claiming through female heir, which brings in operation s. 6 of the Hindu Succession Act, and a partition of ... after the commencement of the Hindu Succession Act and he leaves behind a female heir specified in Class I of the Schedule or a male heir claiming through such female, then, interest of the deceased in the Mitakshara coparcenary property devolves by succession under the provisions of the Act and not by survivorship. For the purpose of s. 6, the share of the deceased ...

Aug 31 2007

Nachayal Vs. Pongiannan S/o. Palani Gounder and Ors.

  • Decided on : 31-Aug-2007

Court : Chennai

Reported in : 2007(5)CTC42; (2007)6MLJ787

... his death, the coparcenary consisting of himself and his only son came to an end under Section 6 of the Hindu Succession Act and a partition took effect as per Explanation 1 to Section 6 of the Act and therefore the plaintiff is not entitled to claim the benefit of Tamil Nadu Act 1/1990.7. Mr. A.K. Kumaraswamy, the learned Counsel for the appellant/plaintiff, brought to ... son came to an end as per Section 6 of the Hindu Succession Act and thepartition took effect under Explanation to Section 6 and there was no joint family subsequently since by operation of the statute, a complete partition took effect on the death of Palani Gounder.It is further stated by the first defendant that the Tamil Nadu Amendment Act 1/1990 is prospective in nature and ... the Tamil Nadu Amendment Act 1/1990 is misconceived since there was no coparcenary on the date when the Tamil Nadu Amendment Actcame into effect. The first defendant hasfurtherstatedthat on thedeath of Palani Gounder, the coparcenary consisting of himself and his only son came to an end as per Section 6 of the Hindu Succession Act and thepartition took effect under Explanation to Section 6 and there ... decision is Sundarambal and Ors. v. Deivanayagam and Ors. 1991-1- L.W. 97. M. Srinivasan, J. [as he then was] considered the scope of Section 29-A of the Hindu Succession Act as introduced by Tamil Nadu Amendment Act 1/1990 and held as follows:15. ...Under Sub-clause (1), the daughter of a coparcener shall become a coparcener in her own right ...

Jan 04 1991

Commissioner of Wealth-tax Vs. N.A. Mayanna (by Legal Representatives) ...

  • Decided on : 04-Jan-1991

Court : Karnataka

Reported in : (1992)101CTR(Kar)229; [1991]191ITR535(KAR); [1991]191ITR535(Karn)

... Hindu Succession ACt. For the purpose of computation or determination of the share of the male Hindu, Explanation 1 to section 6 of the Hindu Succession Act assumes that a notional partition in the family had taken place immediately before his death. Notwithstanding the death of a male member of a Hindu undivided family, the Hindu undivided family continues, but the property of the Hindu ... in the property devolves by succession on his heirs if he had left behind him a surviving female relative specified in class I of the Schedule to the Hindu Succession ACt. For the purpose of computation or determination of the share of the male Hindu, Explanation 1 to section 6 of the Hindu Succession Act assumes that a notional partition ... Hindu, Explanation 1 to section 6 of the Hindu Succession Act assumes that a notional partition in the family had taken place immediately before his death. Notwithstanding the death of a male member of a Hindu undivided family, the Hindu undivided family continues, but the property of the Hindu undivided family gets diminished to the extent of the share of the male Hindu ... Hindu Succession ACt having at the time of his death an interest in a Mitakshara coparcenary property, his interest in the property devolves by succession on his heirs if he had left behind him a surviving female relative specified in class I of the Schedule to the Hindu Succession ACt. For the purpose of computation or determination of the share of the male Hindu, Explanation 1 to section 6 ...

Apr 01 2005

The Commissioner of Income-tax Vs. Shri Dharam Pal Singh HUF

  • Decided on : 01-Apr-2005

Court : Allahabad

Reported in : (2005)196CTR(All)28; [2006]280ITR629(All)

... testament or intestate succession as the case may be, under the Hindu Succession Act and not by survivorship. Explanation I to Section 6 of the Hindu Succession Act quoted below is the provision on which the assessee successfully relied upon before the Tribunal.6. Explanation 1 to Section 6 of the Hindu Succession Act (SIC) as follows :-'For the purpose of this Section interest of Hindu Mitakshara coparcener ... respondent.5. Section 6 of the Hindu Succession Act provides devolution of interest in coparcenery property. It says that when a male Hindu dies after commencement of the Hindu Succession Act his interest in a Mitakshara coparcenery property shall devolve by the survivorship upon the surviving members of the coparcenery property and not in accordance with the Hindu Succession Act. But ... property under Section 6 of the Hindu Succession Act files a suit for partition expressing her willingness to go out of the family, she would be entitled to get both the interest she has inherited and the share which would have been mostly allotted to her as stated in Explanation 1 to Section 6 of the Hindu Succession Act. ... 6. Explanation 1 to Section 6 of the Hindu Succession Act (SIC) as follows :-'For the purpose of this Section interest of Hindu Mitakshara coparcener shall he deemed to be share in the property that would have been allotted to him if a partition of a property had taken place immediately before his death irrespective of whether he was entitled to claim or not'7. The Section ...

Apr 01 2005

The Commissioner of Income-tax Vs. Smt. Meera Prem Sunder (HUF)

  • Decided on : 01-Apr-2005

Court : Allahabad

Reported in : (2005)198CTR(All)458; [2006]280ITR360(All)

... the testament or intestate succession as the case may be under the Hindu Succession Act and not by survivorship. Explanation 1 to Section 6 of the Hindu Succession Act quoted below is the provision on which the assessee successfully relied upon before the Tribunal.6. Explanation 1 to Section 6 of the Hindu Succession Act reads as follows :-.'For the purpose of this Section interest of Hindu Mitakshara coparcener ... assessee/respondent.5. Section 6 of the Hindu Succession Act provides devolution of interest in coparcenery property. It says that when a male Hindu dies after commencement of the Hindu Succession Act his interest in a Mitakshara coparcenery property shall devolve by the survivorship upon the surviving members of the coparcenery property and not in accordance with the Hindu Succession Act. But it ... property under Section 6 of the Hindu Succession Act files a suit for partition expressing her willingness to go out of the family, she would be entitled to get both the interest she has inherited and the share which would have been mostly allotted to her as stated in Explanation 1 to Section 6 of the Hindu Succession Act. But ... Hindu undivided family after death of the Karta and Under Section 171 of the Act, there is no severance of statute of HUF.13. In view of the above discussion, we are unable to agree with the order of the Tribunal that there is a deemed partition and disruption of Hindu undivided family as per Explanation 1 to Section 6 of the Hindu Succession Act ...

Feb 26 2003

Ramnath Sao alias Ramnath Sahu and Ors. Vs. Goberdhan Sao and Ors.

  • Decided on : 26-Feb-2003

Court : Jharkhand

Reported in : 2003(51)BLJR749

... so far aticestral property is concerned, it will be governed by Section 6 of the Hindu Succession Act and five sons of Mithu Sao shall have 1/6th share. Accordig to the learned Counsel Mithu Sao and his wife sons will have 1/6 share and 1/6th share of Mithu Sao again devolved upon his ... the females shall be inherited in accordance with the provisions of Sections 15 and 16 of the Hindu Succession Act.9. Mr. Manjul Prasad, learned Counsel appearing on behalf of the plaintiffs-respondents, drew my attention to Article 233 of the Mulla's Hindu Law and submitted that the burden of proof heavily lies ... unless demolished by cogent evidence by the parties alleging otherwise. It is equally well-settled that there is strong presumption in favour of Hindu brothers constituting joint Hindu Family. It is for the person alleging severance of the joint family to prove it by leading strong evidence.11. Admitted case ... Sao. Chinta Devi is the wife of Nageshwar Sao Further case of the plaintiffs is that they along with the defendants constituted a joint Hindu Mitakhar family and they have been continuing in jointness. The joint family had ancestral land recorded under khata No. 19 village Lapanga in the District ... The learned Court below, after considering the evidence, both oral and documentary adduced by the parties, recorded a finding that the parties constite a joint Hindu Family and after the death of Mithu Sao, his son, Ramnath Sao became the karta of the family and used to manage the joint ...

Jan 20 1984

Ram Kishan Vs. Sheo Narain and Ors.

  • Decided on : 20-Jan-1984

Court : Punjab and Haryana

Reported in : AIR1984P& H200

... a definite share in it. 7. The learned counsel also wanted to draw support from Sections 6 and 30 of the Hindu Succession Act. Section 6 relates to devolution of interest in coparcenary property after the enactment of the Hindu Succession Act. It provides that when a male Hindu dies after the commencement of the Act his interest in the property shall devolve by survivorship upon the surviving members the coparceners and ... the principles of Hindu Law. Plainly, therefore, the vendors became joint owners of this land and not owners of share each. The ownership of this coparcenary property vested in the whole body of coparceners and none of them has a definite share in it. 7. The learned counsel also wanted to draw support from Sections 6 and 30 of the Hindu Succession Act. Section 6 relates to devolution ... this section have no application to the present case because Mohan, father of the vendors, died much before the commencement of the Hindu Succession Act. Even if he had died after the Act came into force it would have made no difference in the nature of land in dispute in the hands of the vendors. S. 30 of the said Act lays down that any Hindu may ... Act came into force it would have made no difference in the nature of land in dispute in the hands of the vendors. S. 30 of the said Act lays down that any Hindu may dispose 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 India Succession Act ...

May 06 2005

Vellikannu Vs. R. Singaperumal and Anr.

  • Decided on : 06-May-2005

Court : Supreme

Reported in : AIR2005SC2587; 2005(5)ALLMR(SC)762; 2005(4)ALT28(SC); 2005(2)AWC1905(SC); 2005(2)BLJR1290; 100(2005)CLT766(SC); JT2005(5)SC234; (2005)4MLJ63(SC); (2005)141PLR334; RLW2005(3

... stands disqualified on that account. That means he will be deemed to have predeceased him. The effect of Section 25 read with Section 27 of the Hindu Succession Act, 1956 is that a murderer is totally disqualified to succeed to the estate of deceased. The framers of the Act in the objects and reasons have made a reference to the decision of the Privy Council that the ... defendant. The second defendant is a cultivating tenant. The first defendant having murdered his father is not entitled to claim any right under Section 6 read with Sections 25 & 27 of the Act but as per proviso to Section 6 of the Hindu Succession Act plaintiff is entitled to a decree for half share and accordingly it was granted to the plaintiff. This matter was taken up in appeal ... property under this Act, it shall be deemed as if such person had died before the intestate. That shows that a person who has murdered a person through whom he wants to inherit the property stands disqualified on that account. That means he will be deemed to have predeceased him. The effect of Section 25 read with Section 27 of the Hindu Succession Act, 1956 is ... 22. This position of law was incorporated by way of Section 25 of the Hindu Succession Act, 1956 as quoted above, which clearly enunciates that a person who commits murder or abates the commission of murder shall be disqualified from inheriting the property of the person murdered, or any other property in furtherance of the succession to which he or she committed or abetted the ...

Jan 28 1992

Late Manigauri T. Panchal (By Lrs. Babubhai T. Panchal) Vs. Controller ...

  • Decided on : 28-Jan-1992

Court : Gujarat

Reported in : [1992]196ITR517(Guj)

... deemed to have passed on the death of Trikamlal under section 9 read with section 27 of the Act since the release deed was made within two year prior to his death or had devolved on these two person by succession in equal shares in view of the privacy to section 6 read with section 8 of the Hindu Succession Act. Therefore, one-third share in the,movable property ... deceased and the son. The Assistant Controller of Estate Duty held in his assessment order that in view of the provisions of section 6 of the Hindu succession Act, one-third share of the deceased husband in the Hindu undivided family had developed by succession on Manigauri had one-half share in the one-third share of her husband in the joint family property, i.e. ... in the Hindu undivided family of Trikamlal Panchal which originally consisted of the deceased, her husband, Trikamlal, and son Babulal. The husband of the deceased had expired on March 3, 1964, leaving behind him the deceased and the son. The Assistant Controller of Estate Duty held in his assessment order that in view of the provisions of section 6 of the Hindu succession Act, one- ... , a coparcenary interest in a joint family property of a Hindu family. Section 9(1), inter alia, provides that property taken under a disposition made by the deceased purporting to operate as an immediate gift inter vivos, whether by way of transfer, delivery, declaration of trust, settlement upon persons in succession or otherwise which shall not have been bona fide made ...

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