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Search Results Judgments > Act:HINDU SUCCESSION ACT, 1956 Section 22

Jan 07 1998

Smt. Kamala Kumari Bohara Vs. Harekrishna Ghadei and Ors.

  • Decided on : 07-Jan-1998

Court : Orissa

Reported in : AIR1998Ori196

... sale deed was valid so far as it related to hall share of plaintiffs mother in the disputed property. However, applying the provisions contained in Section 22 of the Hindu Succession Act, 1956, the lower appellate Court directed that the plaintiff was entitled 13 re-purchase the suit land on payment of Rs. 100/- which was the consideration amount ... Section 4 of the Partition Act. Merely because there was no reference to Section 22 of the Hindu Succession Act, it cannot be said that the suit was not one for pre-emption. Whether or not the provisions of Section 4 of the Partition Act were attracted, the fact remains that there was a prayer by the plaintiff for re-purchasing the property. The terms of Section 22 ... Section 4 of the Partition Act were attracted, the fact remains that there was a prayer by the plaintiff for re-purchasing the property. The terms of Section 22 appear to be wider than the provision contained in Section 4 of the Partition Act. Since admittedly, the plaintiff and his mother had succeeded to the interest of Bhikari Ghadei, the provisions contained in Section 22 of the Hindu Succession Act ... Section 22 of the Hindu Succession Act, it cannot be said that the suit was not one for pre-emption. Whether or not the provisions of Section 4 of the Partition Act were attracted, the fact remains that there was a prayer by the plaintiff for re-purchasing the property. The terms of Section 22 appear to be wider than the provision contained in Section 4 of the Partition Act ...

Nov 07 2002

T.K. Venkatesan Vs. T.K. Srinivasan

  • Decided on : 07-Nov-2002

Court : Chennai

Reported in : (2003)1MLJ50

... invoke Section 22(1), the conditions to be satisfied by the person who claims such a right. 9. Secondly, this court has to examine whether in the case on hand, the petitioner can claim a preferential right or in other words whether he can satisfy the conditions contemplated in the said Section 22(1).10. Section 22 of the Hindu Succession Act reads thus:-22. ... claim a preferential right or in other words whether he can satisfy the conditions contemplated in the said Section 22(1).10. Section 22 of the Hindu Succession Act reads thus:-22. Preferential right to acquire property in certain cases:- (1) Where, after the commencement of this Act, an interest in any immovable property of an intestate, or in any business carried on by ... Hindu Succession Act is extracted and it is pointed out that to invoke Section 22(1), the conditions to be satisfied by the person who claims such a right. 9. Secondly, this court has to examine whether in the case on hand, the petitioner can claim a preferential right or in other words whether he can satisfy the conditions contemplated in the said Section 22(1).10. Section 22 ... acquire any interest under this Section, that heir who offers the highest consideration for the transfer shall be preferred. 11. The following are the matters that are required to be remembered by way of understanding Section 22(1) of the Hindu Succession Act, viz,(i) The Section applies only in case of immovable properties or business; (ii) This Section can be invoked only ...

Aug 30 1983

Radhasyam Jena and Ors. Vs. Jagannath Jena and Anr.

  • Decided on : 30-Aug-1983

Court : Orissa

Reported in : 56(1983)CLT459; 1984(I)OLR54

... section 22 of the Hindu Succession Act and decide whether a party has a preferential claim with respect to the share of his co-sharer nor can they direct any person to execute a sale deed in accordance with section 22 of Hindu Succession Act. Since such a proceeding is not entertainable under any of the provisions of the Act, sub-section (4) of section 4 of the Act ... Act have no power to entertain an application under section 22 of the Hindu Succession Act and decide whether a party has a preferential claim with respect to the share of his co-sharer nor can they direct any person to execute a sale deed in accordance with section 22 of Hindu Succession Act. Since such a proceeding is not entertainable under any of the provisions of the Act, sub-section (4) of section ... Act. A perusal of the provisions of the Act makes it clear' that the authorities under the Act have no power to entertain an application under section 22 of the Hindu Succession Act and decide whether a party has a preferential claim with respect to the share of his co-sharer nor can they direct any person to execute a sale deed in accordance with section 22 of Hindu Succession Act ... of sub-section (4) of section 4 of the Act is wide enough to include a prayer under section 22 of the Hindu Succession Act since eventually interest in land is going to be declared by the civil court and, therefore, the proceeding abates. To appreciate this contention, it is worthwhile to quote sub-section (4) of section 4 of the Act in ...

Mar 09 2011

SMT. LEELA DEVI And ANR Vs. BIJAY PRASAD And ANR.

  • Decided on : 09-Mar-2011

Court : Patna

... that Section 22 of the Hindu Succession Act is also not maintainable because the plaintiffs are not the immediate class I heirs of Dargahi Sao and moreover, since there had already been partition orally in the year 1972, Section 22 is also not applicable but the learned Court below has wrongly decreed the suit. The learned counsel further submitted that Section 22 of the Hindu Succession Act applies ... way of an application under section 22(2) of the Act."(18) Admittedly, defendant no.2 in this case is stranger to the family. The object of legislature in enacting Section 22 of the Hindu Succession Act is to provide a cheap and speedy remedy. This preferential right is in addition to the right under Section 4 of the Partition Act. Implicit in the provision was ... preferential right under section 22(1) to acquire the transferred interest is by way of a regular civil suit before the competent civil court and not by way of an application under section 22(2) of the Act."(18) Admittedly, defendant no.2 in this case is stranger to the family. The object of legislature in enacting Section 22 of the Hindu Succession Act is to ... the pre-emption suit was filed under the provision of Section 22 of the Hindu Succession Act and for the first time, before this Court, it is submitted that the plaintiff filed the suit under Section 22. So far this submission is concerned, it may be mentioned here that Section 4 of the Partition Act applies when suit is filed for partition by the purchaser. ...

Oct 31 2007

N. Muniswamy S/o Late Chikkanallappa Vs. M. Lalitha W/o R. Muniraju

  • Decided on : 31-Oct-2007

Court : Karnataka

Reported in : 2008(6)KarLJ100:2008(1)KCCRSN562008(2)AIRKarR117:AIR2008NOC1149.

... has relied on the evidence of P.W. 1 contrary to Section 65 of the Evidence Act. Alienation if any had taken place in favour of the vendor of the plaintiff and in favour of the plaintiff are contrary to Section 22 of the Hindu Succession Act. The property in question is an ancestral property of the appellant- ... succeeded to the suit schedule property as a co-owner.18. The trial Court has rightly drawn presumption with regard to the joint Hindu family by holding that plea of joint Hindu family is not available in favour of the appellant-defendant No. 1 and that even after Chowdappa separated, himself and Muniswamappa ... Anr. v. Indusind Bank Ltd and Ors. 2005 SAR (Civil) 103 wherein it is held that power of attorney holder - can appear, apply and act in any court on behalf of principal but such act cannot be extended to depose in the witness box in place of principal - if the power of ... in place of principal - if the power of attorney holder has rendered some acts in pursuance to power of attorney, he may depose for the principal in respect of such acts, but he cannot depose for the principal for the acts done by the principal and not by him - he cannot depose for ... for the mandatory injunction for demolition of four sheds constructed in the suit property by the appellant-defendant. Hence, the question of limitation docs not arise.22. Therefore, considering the facts and circumstances of the case and the evidence placed on record, it is held that the trial Court has rightly decreed ...

Jul 19 1996

Kamalabai S. Naik and Anr. Vs. Dhananjay S. Naik

  • Decided on : 19-Jul-1996

Court : Andhra Pradesh

Reported in : 1996(2)ALD(Cri)292; 1996(3)ALT404; 1996CriLJ4499

... C.M.P. No. 3536 of 1995 would not come in the way of the respondent filing either O.S. No. 454 of 1995 under Section 22 of the Hindu Succession Act or filing I.A. No. 2406 of 1995 in O.S. No. 454 of 1995 or I.A. No. 2495 of 1995 is O.S. ... the result and for the foregoing reasons, we hold that the respondent is guilty of 'civil contempt' as defined in Section 2(b) of the Act. We, therefore convict him under Section 12(1) of the Act and sentence him to pay a fine of Rs. 2000/- (Two thousand Rupees) in default simple imprisonment for a period ... constitute either 'civil contempt' or 'criminal contempt' within the meaning of those terms as defined in Clauses (b) and (c) of Section 2 of the Contempt of Courts Act, 1971, for short 'the Act'. The learned counsel would also maintain that there is no wilful disobedience of the order of this Court dated 20th April ... we find that the respondent, directly or indirectly but deliberately and wilfully acted in a manner to disobey the order of this Court, then, he should be held to have committed contempt of the Court. 7. Clause (b) of Section 2 of the Act defines 'civil contempt' as under : ''Civil contempt' means wilful disobedience of ... the Court. 7. Clause (b) of Section 2 of the Act defines 'civil contempt' as under : ''Civil contempt' means wilful disobedience of any judgment, decree, direction, order, writ or other process of a Court or wilful breach of an undertaking given to a Court.' 8. As pointed out in Section 2(b), civil contempt means - ...

Mar 24 2006

J. Ramulamma and Ors. Vs. J. Danan Reddy and Anr.

  • Decided on : 24-Mar-2006

Court : Andhra Pradesh

Reported in : 2006(4)ALD481

... deed dated 15-7-2004, as null and void and not binding on them.2. The respondents pleaded that themselves and the petitioners have common origin and that Section 22 of the Hindu Succession Act (for short 'the Act') applies for any alienation, proposed to be undertaken by them.3. The petitioners filed written statement, denying the allegations of the respondents. They pleaded that themselves and ... the petitioners, submits that even if the contents of the plaint are taken on their face value, they do not constitute any basis for grant of relief, contemplated under Section 22 of the Act. He contends that when the very relationship and statutes of the parties is in dispute, there is no necessity for the trial Court, to undertake full trial, and deciding ...

Mar 14 2008

Vimalben Ajitbhai Patel Vs. Vatslabeen Ashokbhai Patel and Ors.

  • Decided on : 14-Mar-2008

Court : Supreme Court of India

Reported in : AIR2008SC2675; 2008(5)ALD99(SC); 2008(2)AWC1636(SC); 2008(5)BomCR441; (2009)1GLR200(SC); [2008(3)JCR14(SC)]; JT2008(3)SC530; RLW2008(4)SC3440; 2008(4)SCALE601; (2008)4SCC64; 2008AIRSCW4475; AIR2008SC2675; 2008(4)SCC649; 2008(3)CivilLJ798; 2008(3)AICLR9; 2008(2)Supreme413; 2008(5)LH(SC)3092

... property in which she had been in possession in lieu of maintenance. Interpreting Sub-section (1) of Section 14 of the Hindu Succession Act this Court held that the term 'possessed' should receive a wide meaning. It is in this context this Court noticed the authorities from Sastric Hindu Law whereupon our attention has been drawn:Similar observations have been made by the ... provisions of Hindu Adoptions and Maintenance Act, 1956. Sections 3(b), 18 and 19 of the said Act read as under:3. (b) 'Maintenance' includes- (i) in all cases, provision for food, clothing, residence, education and medical attendance and treatment;Section 18 - Maintenance of wife (1) Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, ... lifetime and this right which was tried to be crystallised in the Will in her favour after his demise fell squarely within the provisions of Section 22(2) of the Maintenance Act. 24. The Domestic Violence Act provides for a higher right in favour of a wife. She not only acquires a right to be maintained but also thereunder acquires a ... Section 406 of the Indian Penal Code being Case No. 2145 of 1993 was filed against the appellants.17. Before embarking on the questions of law which arise our consideration, we may notice some statutory provisions. The matter relating to grant of maintenance are now governed by the provisions of Hindu Adoptions and Maintenance Act, 1956. Sections 3(b), 18 and 19 of the said Act ...

Apr 03 2009

Dennision Paulraj and Ors. Vs. The Union of India (UOI), rep. by Secre ...

  • Decided on : 03-Apr-2009

Court : Chennai

Reported in : (2009)6MLJ283

... Section 14(1) of the Hindu Succession Act. The Hon'ble Apex Court in the said judgment has clearly held that in view of Article 15(3) of the Constitution of India there is hardly any justification for the males belonging to the Hindu community to raise any objection to the beneficent provisions contained in Section 14(1) of the Act ... started picking up quarrels with everyone in the family for no reasons. Hence, the first petitioner had to prefer a petition under Section 22 of the Indian Divorce Act for judicial separation on the file of the learned Principal Judge, Family Court, Chennai, in O.P. No. 887 of 2005 ... all the restrictions attached to a widow's estate under the Hindu Law. There is now hardly any justification for the males belonging to Hindu community to raise any objection to the beneficent provisions contained in Section 14(1) of the Act on the ground of hostile discrimination. The above provision ... on grounds only of religion, race, caste, sex, place of birth or any of them. Section 14(1) of the Act was enacted to remedy to some extent the plight of a Hindu woman who could not claim absolute interest in the properties inherited by her from her husband ... Hindu community to raise any objection to the beneficent provisions contained in Section 14(1) of the Act on the ground of hostile discrimination. The above provision is further protected by the express provision contained in clause (3) of Article 15, since it is a special provision enacted for the benefit of Hindu ...

Apr 18 2000

Balwant Kaur & Anr. Vs. Chanan Singh & Ors.

  • Decided on : 18-Apr-2000

Court : Supreme Court of India

Reported in : 2000(3)CTC444; JT2000(5)SC102; (2000)3MLJ59(SC); (2000)126PLR469; 2000(3)SCALE332; (2000)6SCC310; 2000(2)LC1290(SC); AIR2000SC1908

... her father dated 21st August, 1959 or whether she had only a life interest therein, which did not mature into full ownership in her favour under Section 14(1) of the Hindu Succession Act, 1956 (hereinafter referred to as the 'Succession Act'). The Trial Court, in the suit filed by the respondents'/plaintiffs', took the view that appellant No. 1 had only a life interest which ... October, 1960, under Section 8 of the Succession Act. 11. However, the appellant's claim can be well sustained under the relevant provisions of the Hindu Adoptions and Maintenance Act, 1956 (for short 'the Maintenance Act'). Let us have a look at these provisions. They are Sections 18 to 22 of the said Maintenance Act. 12. We shall first refer to Section 21(vi) and Section 22(2) which deal with ... that the proviso (a) to Section 19(1) creates a personal right in favour of the widowed daughter against her father during his lifetime. Any property given in lieu thereof, during his life time or to go to her after the father's life time would certainly fall under Section 14(1) of the Hindu Succession Act, 1956, that being in lieu of a ... Succession Act that, on the date of the operation of the will, appellant No. 1 - widowed daughter of the testator, had any pre-existing right in the testator's estate at any time prior to 11th October, 1960, under Section 8 of the Succession Act. 11. However, the appellant's claim can be well sustained under the relevant provisions of the Hindu Adoptions and Maintenance Act, 1956 ...

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