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Search Results Judgments > Act:HINDU SUCCESSION ACT, 1956 1956 Section 6 Page:2

Apr 16 1980

Yarlagadda Nayudamma etc. Vs. The Government of Andhra Pradesh and Ors ...

  • Decided on : 16-Apr-1980

Court : Andhra Pradesh

Reported in : AIR1981AP19

... that interest? If the interest of a deceased coparcener can devolve upon his heirs mentioned in the proviso to Sec. 6 of the Hindu Succession Act and not by survivorship, why can it not be said that by virtue of the provision of Clause (b ... the proviso (b) to Section 12 of the Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as the Act). The answer chiefly turns upon the construction of the language employed, in particular, in proviso (b) to Section 12 of the Act. Before reaching the conclusion by ... 's property is fully brought out by Vijnamesvara.'4. This apart, the coparcener has got every right under Section 30 of the Hindu Succession Act to will away his property or to dispose of or alienate in whichever way he desired, which he is ... by the authors who edited Mulla's Hindu Law, 14th Edition on the one hand and Hindu Law of Adoption, Maintenance, Minority and Guardianship, commented by Sri S. V. Gupte.Proviso (b) to Section 12 of the Act, in as follows:'12. An adopted ...

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)

... 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 ... 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 ... 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 ... 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 ...

Apr 22 2008

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

  • Decided on : 22-Apr-2008

Court : Supreme

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

... Trial Judge.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 ... 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 must be ... 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, ... 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 ...

Nov 04 1968

R.M.P.M. Ranganthan Chettiar Vs. A. Annamalai Mudaliar and Ors.

  • Decided on : 04-Nov-1968

Court : Chennai

Reported in : AIR1968Mad65

... Natesan, J. 1. A simple question in the applicability of Section 6 of the Hindu Succession Act arises for consideration in this appeal by the plaintiff. The suit was for recovery of a sum of Rs. 54, ... a member of a Mitakshara joint Hindu family leaving surviving his son, the plaintiff in the suit and the tenth defendant, son of a predeceased daughter. Somasundaram Chettiar died on 1-12-1957, after the Hindu Succession Act of 1956 came into force. It is ... in issue is the claim of the tenth defendant to a one-fourth share in the suit amount under the Hindu Succession Act. The trial Court has upheld his claim and in granting a preliminary decree against defendants 1 to 9 in favour ... proviso to Section 6 applies, the interest of the deceased devolves by testamentary or intestate succession as the case may be under the Act; the interest does not survive to the remaining coparceners automatically and eo instante on the death. Section 30 of the Act enables ...

Jan 28 2011

Kalavathi bai w/o.late.Ganesh singh, And Ors. Vs. Neela bayamma D/o la ...

  • Decided on : 28-Jan-2011

Court : Karnataka

... the suit before the trial court was for division of HUF (Hindu Undivided Family) properties; the issue that the trial court had to decide was, whether the amended provision of Section 6 of Hindu Succession Act is retrospective in application, or whether the plaintiffs who are ... schedule properties were owned by Ram Singh and whether plaintiffs had succeeded to a share after his demise, by intestate succession. The issue on material proof has been answered in the affirmative.9. In the second appeal, a new issue is ... trial court. The case before the trial court was a suit for division of share in the property acquired by succession and not by virtue of coparcenery right. Since there was no material propositions in the pleading contrary to what was ... on the plea that they renounced Hinduism and embraced Islam which disentitles them for seeking a share in the property.6. An issue was raised in this regard, burden of which was cast on the defendants. Defendants had failed to establish ...

Sep 02 2006

Hemareddi, S/o Ramareddi Iraddi and Govindareddi Vs. Ramachandra Yalla ...

  • Decided on : 02-Sep-2006

Court : Karnataka

Reported in : 2007(1)KarLJ428

... continue the proceedings as a crowner. Apparently, this would attract Section 6 of the Hindu Succession Act. This is not a case where the plaintiff No. l would become a crowner by survivorship. Proviso to Section 6 would clearly indicate that if the deceased has left the ... decree against the surviving respondents. If the appeal succeeds, will be ineffective, that is to say, it could not be successfully executed. 12. Apparently, the test is that not all the three ingredients as stated in the above said decision are ... test to determine this has been discussed in diverse forms. Courts will not proceed with an appeal (a) when the success of the appeal may lead to the Courts coming to a decision which will be in conflict with the decision ... the wife of Basavareddi. The plaintiffs' case is that Govindareddi died in 1946 as the head and manager of the Hindu joint family consisting of himself, Ramareddi, and Basavareddi. The suit properties are the joint family properties of Govindareddi and his ...

Sep 04 1987

K.R. Subbakrishna Vs. Ningiah and Ors.

  • Decided on : 04-Sep-1987

Court : Karnataka

Reported in : AIR1989Kant31

... she had no subsisting interest in the properties. But according to him because of S. 6 of the Hindu Succession Act, when Ramanna died in the year 1966 a notional partition comes into effect and she, ... no permission was obtained from the District Court as required under S. 8 of the Hindu Minority and Guardianship Act, 1956. He also held that the question of legal necessity would not survive and decreed the ... coparcenary property. He has taken me through S. 8 of the Hindu Law Women's Rights Act, 1933 and the relevant section and sub-section are as follows :8(1)(a) At a partition of joint ... 6-2-1951 perhaps he was about 14 years of age then. The challenge was on two grounds, namely, that no permission was obtained by Smt. Jayamma from the District Court under S. 8 of the Hindu Minority and Guardianship Act, 1956 ... brothers who have left no male issue shall be entitled to share with them.(c) Sub-sections(a) and (b)shall also apply mutates mutandis to a partition among other coparceners in a ...

Jun 25 1986

Commissioner of Income-tax Vs. Ram Gopal Thirani and Sons

  • Decided on : 25-Jun-1986

Court : Kolkata

Reported in : [1988]171ITR314(Cal)

... inherited the property. This view is in consonance with the commentaries contained in Mulla's Hindu Law, 14th edition.10. It appears that Section 6 of the Hindu Succession Act, 1956, was construed by the Madras High Court in Arunachalathammal v. Ramachandran Pillai, : AIR1963Mad255 . This ... to the provisions of the Hindu Succession Act, 1956, and the fact that the assessee being governed by the Mitakshara School of Hindu Law, his status would be that of an individual and not that of a Hindu undivided family relating to the ... 20, 1970, in Civil Appeal No. 115 of 1967 (reported in : (1971)3SCC847 ). The Supreme Court observed that Section 6 of the Hindu Succession Act had no application to the properties received by the members of the joint family by partition. This ... the order of the Appellate Assistant Commissioner following its earlier order.5. On an application under Section 256(1) of the Income-tax Act, 1961, the following question was referred as a question of law arising out of the ...

Oct 23 2000

Menaka Bewa Vs. Revenue Officer and Ors.

  • Decided on : 23-Oct-2000

Court : Orissa

Reported in : 2001(I)OLR159

... in Section 6 of the Hindu Succession Act and in order to ascertain the shares in accordance with explanation in Section 6, it must be deemed as if there was a partition just before the death of Ratnakar. It is further submitted that in view of Section ... Hindu Succession Act and in order to ascertain the shares in accordance with explanation in Section 6, it must be deemed as if there was a partition just before the death of Ratnakar. It is further submitted that in view of Section 19 of the Hindu Sucession Act ... under the Maharashtra Ceiling Laws. In the aforesaid decision it has been held that a notional partition Under Section 6 of the Hindu Succession Act does not ipso facto result in disruption of the joint family and the deemed partition is only for ... question, Sri B.H.Mohanty, advocate, had been requested to assist the Court as amicus curiae.4. In Section 6 of the Hindu Succession Act in order to ascertain the share of the deceased leaving behind many others, female Class-I heirs, it ...

Sep 28 2005

B. Rajegowda and Anr. Vs. H.B. Shankaregowda and Ors.

  • Decided on : 28-Sep-2005

Court : Karnataka

Reported in : AIR2006Kant48; ILR2005KAR5501; 2006(6)KarLJ237

... held that the will has been duly proved. It was further submitted that as per Section 6 of the Hindu Succession Act, Basavegowda being one of the coparcener and also as the head of the family, has ... It appears the Lower Appellate Court has not properly appreciated the spirit beyond Section 63 of the Succession Act and Section 68 of the Evidence Act. The latest decision of the Apex Court is only to the effect ... case, AIR 1977 SC 73 has held that as per Section 63 of the Indian Succession Act and also referring to Section 68 of the Evidence Act, accepted the evidence of the Scribe. It has also observed ... that the attestor is a witness to the execution of the document and under Section 63(c) of the Succession Act, an attesting witness is one who signs the document in the presence of the ... Jabbar Sahib's case cited supra,, wherein Section 3 of the Transfer of Property Act defining the word 'attested' is discussed, has argued that according to the said section, the attesting witness has received a ...

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