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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 ...

May 06 2005

Vellikannu Vs. R. Singaperumal and Anr.

  • Decided on : 06-May-2005

Court : Supreme Court of India

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 ...

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 ...

Aug 08 2005

Commissioner of Income-tax Vs. Charan Dass, HUF

  • Decided on : 08-Aug-2005

Court : Allahabad

Reported in : (2006)203CTR(All)589; [2006]280ITR637(All)

... is disruption of Hindu Undivided Family. In that case the High Court was concerned with the interpretation of Section 8 of the Hindu Succession Act. Section 8 of the Hindu Succession Act deals with the succession of self acquired property. Section 6 of the Hindu Succession Act deals with the case of determination of share of Male Hindu when he dies. Under the Hindu Law the self acquired property and joint Hindu Family Property ... the joint family 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 it has ... section 171 of the Income Tax Act. The assessing officer held that it was a case of partial partition and refused to recognize the partition in view of Sub section 9 of Section 171 of the Income Tax Act. The matter ultimately reached to the Tribunal at the instance of the assessee. The Tribunal in appeal took the view that in view of Section 6 of the Hindu Succession Act ... of Income Tax, Agra v. Dharam Pal Singh (HUF) and have come to the conclusion that there is no partition and disruption of Hindu Undivided Family as per Explanation 1 to Section 6 of the Hindu Succession Act.12. Learned counsel for the assessee has placed reliance upon a Division Bench judgment of this Court in the case of Late Girdhari Lal ...

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 ...

Apr 22 2008

Ashutosh Chaturvedi Vs. Prano Devi @ Parani Devi and Ors.

  • Decided on : 22-Apr-2008

Court : Supreme Court of India

Reported in : AIR2008SC2171; 2008(4)ALT6(SC); (SCSuppl)2008(3)CHN67; [2008(3)JCR162(SC)]; JT2008(6)SC354; (2008)5MLJ840(SC); 2008(7)SCALE279; 2008AIRSCW3352; 2008(4)LH(SC)2795

... 6. Mr. Akhilesh Kumar Pandey, learned Counsel appearing on behalf of the appellant, would submit that the learned Trial Judge as also the High Court wrongly proceeded on the basis of Section 22 of the Hindu Succession Act, 1956 was not attracted in the instant case as the deeds of sale have already been executed. It was submitted that the word 'proposed' occurring in the said section ... period of 13 years to claim his purported preferential right in terms of Section 22 of the Hindu Succession Act, the same was not maintainable being barred by limitation. Section 22 of the Hindu Succession Act reads, thus:Section 22.-Preferential right to acquire property in certain cases-(1) Where, after the commencement of this Act, interest in any immovable property of an intestate, or in any ... a fresh suit. Plaintiff was required to exercise his right under Section 22 of the Hindu Succession Act within the period prescribed therefor. The said deeds of sale either would be declared valid or invalid. In either way, the appellant cannot take any benefit of the provisions of Section 22 of the Hindu Succession Act.10. It is also idle to contend that as the ... Section 22 of the Act.9. There appears to be another difficulty in the way of the appellants in raising this question. Sub- section (2) of Section 22 of the Hindu Succession Act indicates that a party can enforce a right of pre-emption by making an application to that effect in a Court which has been explained in the Explanation to this Section. ...

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