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

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 1987

Controller Of Estate Duty Vs. Vipin K. Nagori

  • Decided on : 24-Sep-1987

Court : Income Tax Appellate Tribunal (ITAT) - Ahmedabad

Reported in : (1988)24ITD51(Ahd.)

... Hindu Women's Right to Property Act, 1937 has not been taken away by the Hindu Succession Act, 1956 ; rather the same is extended. Reliance can be placed on Section 6 of General Clauses Act, 1887. Therefore, on the commencement of Hindu Succession Act, 1956 the right which was there with the Hindu female or woman under the Hindu Women's Right to Property Act, 1937 is there and is extended vide Section 14 of the Hindu Succession Act ... Hindu Succession Act, 1956 but the right which was given to her under the Hindu Women's Right to Property Act, 1937 has not been taken away by the Hindu Succession Act, 1956 ; rather the same is extended. Reliance can be placed on Section 6 of General Clauses Act, 1887. Therefore, on the commencement of Hindu Succession Act, 1956 the right which was there with the Hindu female or woman under the Hindu Women's Right to Property Act ... Hindu Women's Right to Property Act, 1937 is repealed on the commencement of Hindu Succession Act, 1956 but the right which was given to her under the Hindu Women's Right to Property Act, 1937 has not been taken away by the Hindu Succession Act, 1956 ; rather the same is extended. Reliance can be placed on Section 6 of General Clauses Act, 1887. Therefore, on the commencement of Hindu Succession Act, 1956 ...

Aug 10 2009

Virlkumar Natvarlal Patel Vs. Kapilaben Manilal Jivanbhai and Ors.

  • Decided on : 10-Aug-2009

Court : Gujarat

Reported in : AIR2009Guj184

... Section 6 of the Hindu Succession Act. It is submitted that as per Proviso to Section 6 of the Hindu Succession Act, the amendment to Section 6 shall not affect the transaction prior to Amendment Act 2005 i.e. 20/12/2004. It is submitted that admittedly the sale in favour of the defendant No. 5 is of dated3/3/2004 and therefore, even considering Section 6 of the Hindu Succession Act (Amendment Act ... based her case solely on Section 6 of the Hindu Succession Act (Amendment Act 2005). Section 6 of the Hindu Succession Act as amended by the Act of 2005 reads as under:Section 6:- Devolution of interest in coparcenary property:(1) On and from the commencement of the Hindu Succession (Amendment) Act, 2005, in a joint ... Section 6 of the Hindu Succession Act. In other words, amendment to Section 6 of the Hindu Succession Act shall not affect the sale deed dated3/3/2004 executed in favour of the defendant No. 5, as the same is prior to relevant date Dated 20/12/2004. It appears that the learned trial court has not considered Proviso to Section 6 of the Hindu Succession Act as amended by Amendment Act ... Act, 1908 (16 of 1908) or partition effected by a decree of a Court.13. Relying upon Section 6 of the Hindu Succession Act as amended by Amendment Act of 2005, the original plaintiff has claimed that she has a share/right in the ancestral property i.e. disputed land in question. However, considering Proviso to Section 6 of the Hindu Succession Act as amended by Hindu Succession (Amendment) Act ...

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 ...

May 22 1987

Dr. Rajah Sir M.A. Muthiah Vs. Wealth-Tax Officer

  • Decided on : 22-May-1987

Court : Income Tax Appellate Tribunal (ITAT) - Madras

Reported in : (1987)22ITD62(Mad.)

... property of the Hindu undivided family devolved on his legal heirs in terms of proviso to Section 6 of the Hindu Succession Act, 1956 and this has been duly accounted for by the accountable person in accordance with Section 7(1) of the Estate Duty Act, 1953. The estate duty attributable to the estate passing on death was Rs. 8,57,050. The properties of the Hindu undivided family were ... is to be assumed that a partition had in fact taken place between the deceased and the other corparoeners immediately before his death in view of Explanation 1 to Section 6 of the Hindu Succession Act, 1956. This assumption which the statute requires to be made, that a partition had in fact taken place, must permeate the entire process of ascertaining of the ultimate share of ... M.A.M. Ramaswamy -- Son On the death of one of the coparceners, namely Kumararajah M.A.M.Muthiah Chettiar on 24-1-1970 by virtue of proviso to Section 6 of the Hindu Succession Act, 1956 his undivided 1/3rd share in the HUF properties devolved on his wife Kumararani Srat. Meenakshi Achi and mother Rani Meyyammai Achi. In computing the net wealth of ... Hindu Succession Act, 1956. This assumption which the statute requires to be made, that a partition had in fact taken place, must permeate the entire process of ascertaining of the ultimate share of the heirs through all its stages. Secondly the issue regarding: deduction of the estate duty liability from out of the estate passing on the death of the deceased according to Section ...

Jun 30 1969

Govindram Mihamal Vs. Chetumal Villardas

  • Decided on : 30-Jun-1969

Court : Mumbai

Reported in : AIR1970Bom251; (1970)72BOMLR653; 1970MhLJ59

... Section 6 of the Hindu Succession Act, is to maintain the Mitakshara coparcenary and the devolution of property by survivorship among the members of the coparcenary which is a special and distinguishing feature of the Mitakshara joint Hindu family. Since Section 4 of that Act says that the customary Hindu Law shall be deemed to have been overridden to fie extent of the provisions enacted in the Hindu Succession Act, ... Mithamal, the father of the plaintiff, as a karta of the joint Hindu family, advanced a loan to the defendant on 19-6-1950 under a sarkat note. The loan was renewed br acknowledged by another sarkat note, dated 9-6-1953, There was a third sarkat note, dated 9-6-1956. After their renewal Mithamal died in or about February 1958. The plaintiff, ... Act, the customary Hindu Law prevalent before the passing of this Act continues to operate in the field which is not covered by the new Act.12. Section 6 is introduced in the Hindu Succession Act for the purpose of effecting a change in the normal mode in which the joint family property used to pass from one person to another in a joint Hindu family. In a joint Hindu ... effect. It also follows from the provisions of Section 4 that if a particular matter is not covered or is not provided by the 'Act, the customary Hindu Law prevalent before the passing of this Act continues to operate in the field which is not covered by the new Act.12. Section 6 is introduced in the Hindu Succession Act for the purpose of effecting a change in ...

Feb 11 2013

KRISHNA GUPTA AND ANR. Vs. M/S RAJINDER NATH & CO HUF AND ORS

  • Decided on : 11-Feb-2013

Court : Delhi

... decree proceedings in terms of the provisions of Section 6-A inserted in the Hindu Succession Act, 1956 by the Hindu Succession(Karnataka Amendment) Act, 1990, that was notified on 30.7.1994. discussing After the aims and objects that weighed with the Karnataka legislature for amending the Hindu Succession Act, 1990 by inserting Section 6-A to 6-C, which was for ensuring that unmarried ... of the substituted Section 6 of the Hindu Succession Act, 1956 (hereinafter referred to as the 1956 Act) as amended in the year 2005, which came into force on 09.09.2005(hereinafter referred to as `the 2005 Act). The plaintiffs claim that the amended Section 6 of the Act provides that the daughter of a coparcener in the joint Hindu family governed by ... Section 6 of the Hindu Succession Act as amended by Act 39 of 2005, the daughters, who have born only after 2005 are to be treated as coparceners and not otherwise. The learned counsel for both parties have not raised any other points in this appeal. xxx 7. The above section was amended with an intention to remove the discrimination as contained in S.6 of Hindu Succession Act, 1956 ... Section 4 of the Hindu Succession Act, 1956 as originally enacted, which contained the non-obstante clause, with reference to Section 50 of the Delhi Land Reforms Act, 1954, that lays down the general order of succession from males, the learned Single Judge had observed that due to sub-section (2) to Section 4 of the 1956 Act, rule of succession under the said Act ...

Jul 08 2009

Miss. R. Kantha D/o. Sri. Doddarmaiah Reddy represented by G.P.A. hold ...

  • Decided on : 08-Jul-2009

Court : Karnataka

Reported in : AIR2010Kant27; ILR2009KAR3699; 2009(6)KarLJ606; 2009(4)KCCRSN242; 2009AIRKarR218.

... to seek partition of co-parcenary property under Section 6 of the Hindu Succession Act, 1956 (as amended by Act 39 of 2005). The said Act is a law relating to intestate succession and regulates succession to properties of all Hindus. The only provision under the Act, which provides for testamentary succession also is Section 30. Under that Section a Hindu is permitted to dispose of any of his ... the Act And on the other hand would nullify its declared object.8. The next issue for consideration is incidental to the bove. The petitioner claims a right to seek partition of co-parcenary property under Section 6 of the Hindu Succession Act, 1956 (as amended by Act 39 of 2005). The said Act is a law relating to intestate succession and regulates succession to ... Section 6-A of the Act.The Counsel, however, would submit that the ratio of that decision ought not to feller the entertainment of the present petition as the ground of challenge cannot be said to be identical.5. The Hindu Succession Act, 1956 dealing with intestate succession among Hindus came into force on 17th June, 1956. This Act brought about changes in the law of succession ... Section 6(1)(c) of Act 39 of 2005 is irrational and has no nexus with the object of the Act And on the other hand would nullify its declared object.8. The next issue for consideration is incidental to the bove. The petitioner claims a right to seek partition of co-parcenary property under Section 6 of the Hindu Succession Act, 1956 (as amended by Act ...

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 ...

Aug 22 1974

Sushilabai Ramchandra Kulkarni Vs. Narayanrao Gopalrao Deshpande and O ...

  • Decided on : 22-Aug-1974

Court : Mumbai

Reported in : AIR1975Bom257; (1975)77BOMLR558; 1975MhLJ682

... force of the Hindu Succession Act, 1956, his share in the income that accrued form firms in which he had been a partner as karta, devolves by succession on his own heirs, and is not assessable as income of the Hindu undivided family. 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 ... 1) Is the scope of the fiction in the Explanation of Section 6 of the Hindu Succession Act, 1956 as wide as was held in Rangubai v. Laxman, : AIR1966Bom169 , and whether the view taken in Rangubai's case that as a result of the notional partition contemplated by the proviso to Section 6 of the Hindu Succession Act, the shares of persons other than the deceased coparcener also ... Hindu undivided family after the coming into force of the Hindu Succession Act, 1956, his share in the income that accrued form firms in which he had been a partner as karta, devolves by succession on his own heirs, and is not assessable as income of the Hindu undivided family. For the purpose of computation or determination of the share of the male Hindu Explanation 1 to Section 6 ... of Shridhar.7. The Act was enacted with a view to amend and codify the law relating to intestate succession among Hindus. It came into force on June 17, 1956, Section 6 if the Act provides for devolution of interest in coparcenary property and its provisions are as under:-'When a male Hindu dies after the commencement of this Act, having at the time ...

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