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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

... 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 undivided interest of a person in a Mitakshara coparcenary property will not, on his adoption, be divested but will continue to vest in him even after adoption. If the main provisions of Section ... after adoption by reason of 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 the processual interpretation ... birth in the father'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 entitled by birth. ... conflict of opinions given 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 child shall be ... . This view of ours is supported by Sri S. V. Gupte, who has written commentary on Hindu Law of Adoption, Maintenance, Minority and Guardianship. While dealing with the proviso (b) to Section 12 the learned Author holds the view of ours, which is to the following effect:--'As ...

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 ...

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. ...

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

... , after the Hindu Succession Act of 1956 came into force. It is stated that there is a suit pending between the plaintiff and the tenth defendant, O. S. 1 of 1958 on the file of the Sub Court, Devakottai, instituted by the tenth defendant for partition and separate possession of a one-fourth share in the joint family properties. Section 6 of the Act while affirming the ... .(2) There is no dispute that Somasundaram Chettiar died as 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 stated that there is a suit pending between the plaintiff ... 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. 54,627-50 due under a security bond executed by defendants ... 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 the coparcener to make a testamentary disposition of his interest in the coparcenary property. Section 6 runs thus--'When a male Hindu dies ...

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

... In second appeal, learned counsel would assertively contend that 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 daughters were coparceners. The contention so canvassed by the learned ... provision of Section 6 of Hindu Succession Act is retrospective in application, or whether the plaintiffs who are daughters were coparceners. The contention so canvassed by the learned counsel is wholly untenable as no such plea was put forward by the defendants before the trial court. The case before the trial court was a suit for division of share in the property acquired by succession ... based on facts pleaded therein, i.e. whether the 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 canvassed which is wholly untenable. I find no merit ... but they tried to negate the claim of the plaintiffs 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 that the plaintiffs had renounced Hinduism and embraced Islam ...

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

... No. l and he can 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 other legal heirs who are ... controversy before the Court. The 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 between the appellant and the ... Court and (c) when 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 to be cumulatively shown. ... 2. Defendant No. 2 is 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 sons. It appears the ... a whole would abate and does not survive for consideration inasmuch as the decree which is passed by the Courts below is one and indivisible.6. Mr. V. Tarakaram, learned senior counsel appearing for the plaintiffs would submit that the fact that one of the plaintiffs having died, the proceedings do ...

Sep 04 1987

K.R. Subbakrishna Vs. Ningiah and Ors.

  • Decided on : 04-Sep-1987

Court : Karnataka

Reported in : AIR1989Kant31

... in favour of his wife during his lifetime as 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, is entitled to succeed to the properties in which ... a release deed and also for the fact that 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 suit.3. The first Appellate Court however ... 6. Sri. Padubidri Raghavendra Rao, learned Counsel appearing for the appellant has urged that during the lifetime of her husband jayamma had no right or interest whatsoever in this admitted 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 ... a minor he having born on 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, when she was selling a ... sections. 7. This only supports his contention that till there is actual partition in the joint family the wife does not get any share and therefore the wife of Ramanna, second defendant - Jayamma had no subsisting interest at all in this coparcenary property. Even under para 258 of Mulla's Principles of Hindu ...

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)

... 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 decision of the Madras High Court was affirmed by the Supreme Court by its judgment dated February 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 ... , it is contended, arises in this case is whether, having regard 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 properties and business inherited by him.3. The relevant facts may be ... further appeal before the Income-tax Appellate Tribunal, the Tribunal upheld 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 order of the Tribunal for the opinion of this court:'Whether, on ... Dipak Kumar Sen, J. 1. In this application under Section 261 of the Income-tax Act, 1961, the Commissioner of Income-tax, West Bengal-XIII, seeks a certificate from us that Income-tax Reference No. 173 of 1978 (intituted Ram Gopal Thirani and Sons, Darjeeling v. ...

Oct 23 2000

Menaka Bewa Vs. Revenue Officer and Ors.

  • Decided on : 23-Oct-2000

Court : Orissa

Reported in : 2001(I)OLR159

... the property in accordance with the provisions contained 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 19 of the Hindu Sucession Act, it must be taken that all the heirs held ... v. Narayan Rao Sham Rao Deshmukh and others), a decision rendered 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 the purpose of ascertaining the share and the persons still continue ... sons had separated. Keeping in view the importance of the aforesaid 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 is deemed as if there was a partition just before the ... the effect that such deeming provision may be taken to its logical end, prima facie, supports the statement of the petitioner that in view of the deeming provision Under Section 6 of the Hindu Succession Act, it must be concluded that on the death of a male heir leaving behind Class-I heirs, the joint family comes to end and all the heirs are separated ...

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

... the parties and witnesses, the Lower Appellate Court has 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 got absolute right over the suit schedule property and ... the witness are named in the Will.18. 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 that the signature subscribed by the scribe cannot be ... of the Supreme Court reported in Beni chand's 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 PW2-Scribe has written the Will as ... attestations means the signing of the document to signify 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 executant after seeing the execution of the document ... per the ratio laid down in ML Abdul 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 personal acknowledgement of his signature and that the witness ...

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