Skip to content

Filter by :

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

Oct 14 1970

P. Govinda Reddy and Ors. Vs. Golla Obulamma

  • Decided on : 14-Oct-1970

Court : Andhra Pradesh

Reported in : AIR1971AP363

... of law under Hindu Succession Act of 1956 in relation to the nature of father's self-acquired property in the hands of a number of his sons on its devolution on them on his death by rule of succession. Whereas according to the Mitakshara Law they would have would have held it as joint tenants, under Section 19(b) of the Hindu Succession Act they hold ... of each of the coparcenrs therein become specified only on partition. It is no according to Mitkahsara Law.28. What then is the impact of Section 6 of the Hindu Succession Act on this legal position?29. Section 6 of the Hindu Succession Act, as already stated, is divided into two parts and each part has inserting appointed province. The first part reclines the operation of Mitakshara ... death might have taken place after the commencement of the Hindu Succession Act. In fact it, in express terms. prohibits the operation of Act 30 of 1956 to such cases. But this prohibition as is obvious from the language of the proviso which is of vital importance is not unqualified. In fact that section read as a whole would show that the rule ... High Court on the contraction placed on Section 6 of the Hindu Succession Act as the case fell within the proviso of the said section. The learned Judge expressed his view on the scheme of Section 6 thus:'Both parts of Section 6 namely, the opening section and the proviso are substantive provisions enacted by the Hindu Succession Act for the purpose of modifying the customary Hindu Law and creating new heirs ...

Feb 28 2014

K.M.Thangavel Vs. K.T.Udayakumar

  • Decided on : 28-Feb-2014

Court : Chennai

... succession having opened in 1989, evidently, the provisions of Amendment Act, 2005 would have no application. Sub-section (1) of Section of the Act governs the law relating to succession on the death of a coparcener in the event the heirs are only made descendants. But, proviso appended to sub-section (1) of Section of the Act creates an exception....".41. Prior to amendment, Section 6 of the Hindu Succession Act, 1956 remained as follows:6 ... Act, 2005 would have no application. Sub-section (1) of Section of the Act governs the law relating to succession on the death of a coparcener in the event the heirs are only made descendants. But, proviso appended to sub-section (1) of Section of the Act creates an exception....".41. Prior to amendment, Section 6 of the Hindu Succession Act, 1956 remained as follows:6. Devolution of interest in coparcenary property. When a male Hindu ... section (1) of Section of the Act governs the law relating to succession on the death of a coparcener in the event the heirs are only made descendants. But, proviso appended to sub-section (1) of Section of the Act creates an exception....".41. Prior to amendment, Section 6 of the Hindu Succession Act, 1956 remained as follows:6. Devolution of interest in coparcenary property. When a male Hindu dies after the commencement of this Act ...

Aug 12 1994

Ved Parkash Loona Vs. Income-Tax Officer

  • Decided on : 12-Aug-1994

Court : Income Tax Appellate Tribunal (ITAT) - Amritsar

Reported in : (1994)50ITD105(Asr.)

... sight of the provision, contained in the Hindu Succession Act, which the assessee had reiterated, again and again, before the authorities. Since a consideration of the provision is necessary for reaching a finding in this appeal, we would reproduce Section 6 and Section 14 of the Hindu Succession Act : "6. When a male Hindu dies after the commencement of this Act, having at the time of his death ... on article 308 of Mull's Hindu Law (Fourteenth edition) as also on Section 12 of the Hindu Minority and Guardianship Act, 1956, which prohibits appointment of a guardian in respect of undivided interest in joint family property of a minor managed by an adult member of the family. As per the proviso to the said section, the provision does not affect ... appeal, we would reproduce Section 6 and Section 14 of the Hindu Succession Act : "6. When a male Hindu dies after the commencement of this Act, having at the time of his death an interest in a Mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this Act : Provided that, if ... be treated as a partition under the Income-tax Act even though under Hindu law there has been a partition--total or partial." 34. It is difficult to dispute that in the notional partition provided in Section 6 of the Hindu Succession Act, no physical division can take place as envisaged in Section 171 of the Act. Therefore, no claim for recording a finding of ...

Dec 17 1992

Chellamma Kamalamma and Ors. Vs. Narayana Pillai Prabhakaran Nair

  • Decided on : 17-Dec-1992

Court : Kerala

Reported in : AIR1993Ker146

... Section 17 of the Hindu Succession Act, 1956 cannot apply. The principles applicable to other Hindus as stated in the Hindu Succession Act, 1956 would then apply. 50. We may finally summarise as follows : (I) Section 17 of the Hindu Succession Act, 1956 will govern the law of succession on the death of males or females who were governed by the Marumakkathayam system if such persons were-- (i) living as on 18-6-1956 when the Hindu Succession Act, 1956 ... 6-1956, the devolution upon her death will be governed by Section 17 of the Hindu Succession Act and the abolition of Marumakkathayam system by the Joint Family Abolition Act, 1975 does not have any bearing on the applicability of Section 17 of the Hindu Succession Act, 1956. 46. It is then argued for the respondent that when Section 7 of the Hindu Succession Act, 1956 has become inoperative on the passing of the Joint Family Abolition Act ... Hindu Succession Act, 1956 would then apply. 50. We may finally summarise as follows : (I) Section 17 of the Hindu Succession Act, 1956 will govern the law of succession on the death of males or females who were governed by the Marumakkathayam system if such persons were-- (i) living as on 18-6-1956 when the Hindu Succession Act, 1956 came into force and they died before 1-12-1976 when the Kerala Joint Hindu ...

Oct 26 1961

V. Sampathkumari Vs. M. Lakshmi Ammal and Ors.

  • Decided on : 26-Oct-1961

Court : Chennai

Reported in : AIR1963Mad50

... instituted before the Hindu Succession Act had come into force). The learned Judge did not however stop there, but accepted the further contention put forward on behalf of defendant 8 that even if her husband had died before the Hindu Women's Rights to Property Act, 1937, she was entitled to inherit the share of her husband by virtue of Section 8of the Hindu Succession Act, 1956, there being ... the suit became not maintainable by virtue of the passing of the Hindu Succession Act, 1956. The question before us is whether this view of the learned Subordinate Judge is right. 20. The Act (by which we mean hereinafter the Hindu Succession Act) came into force on 17-6-1956. The plaint had been filed on 18-4-1956. It will be noted that the contention of the contesting defendants ... on 17th July, 1956. The plaintiff claimed a three-fourth share in the properties. The basis of this claim was that because the widow had not asked for partition of her husband's share she was not entitled to that share under the Hindu Women's Right to Property Act, 1937, and she acquired the right only Under Section 8 of the Hindu Succession Act, 1956, and ... been possessed of her one-fourth share of the one-seventh share of her husband for purposes of Section 14(1) and that her estate became enlarged to full ownership by the Hindu Succession Act, 1956, and that consequently on her death, Under Section 15 of the Act, the daughters also would be heirs along with the sons. 71. The learned counsel for the appellant ...

Aug 10 2004

Alamelu Ammal, Vs. Tamizh Chelvi,

  • Decided on : 10-Aug-2004

Court : Chennai

Reported in : (2004)3MLJ620

... which earlier devolved on the plaintiffs 1 and 2 as well as the first defendant under section 6 read with 8 of the Hindu Succession Act on the death of Subramaniam would be altered by reason of insertion of section 29-A of the Hindu Succession Act,1956?4. Before considering the above questions, it would be relevant to consider the property standing in ... been affected by section 8 of the Hindu Succession Act, 1956 and, therefore, after the Act, when the son inherited the property in the situation contemplated by section 8, he does not take it as Kartha of his own undivided family but takes it in his individual capacity. Therefore the properties which devolved on Subramaniam under section 8 of the Hindu Succession Act are ... section 6 of the Hindu Succession Act would get altered and their rights in the family properties have to be redetermined by applying the provisions of section 29-A of the Hindu Succession Act. Therefore we hold that notwithstanding the fact that the properties had devolved on the heirs under sections 6 and 8 of the Hindu Succession Act prior to the insertion of section 29-A of the Act ... Act and in all other cases the necessary implication is section 29-A of the Hindu Succession Act would apply and consequently, the shares, if any, devolved on the members of the family under section 6 of the Hindu Succession Act would get altered and their rights in the family properties have to be redetermined by applying the provisions of section 29-A of the Hindu Succession Act ...

Oct 16 1986

Basti Venkatesh Shanthappa Shanbogue Vs. Narasimha Kamath

  • Decided on : 16-Oct-1986

Court : Karnataka

Reported in : ILR1986KAR4172

... Thus under Section 6 of the Hindu Succession Act, 1/4 th share of Manjunath Kamath was inherited by his widow Ramani by succession. It is also undisputed that Annappa Kamath died in 1961 or 1962 leaving behind his daughter-in-law Ramani alias Yeshoda. Therefore as per Section 6 of the Hindu Succession Act, his l/4th share also was got by Ramani alias Yeshoda by succession. Thus ... liability.16. These decisions relied on by Shri Hande do not appear to have considered the implication of succession by the female hair under Section 6 of the Hindu Succession Act. As already indicated above, the share which a female gets under Section 6 of the Hindu Succession Act is her separate property. Once it is the separate property of a female heir, then the Karta of ... Ramani by succession. It is also undisputed that Annappa Kamath died in 1961 or 1962 leaving behind his daughter-in-law Ramani alias Yeshoda. Therefore as per Section 6 of the Hindu Succession Act, his l/4th share also was got by Ramani alias Yeshoda by succession. Thus Ramani alias Yeshoda became the owner of half share in the suit property by succession as ... Hindu Succession Act is her separate property. Once it is the separate property of a female heir, then the Karta of the family who can represent the members of the joint family only in regard to joint family properties, cannot eater into a transaction so as to affect the separate property or share of the female heir which she got under Section 6 of the Hindu Succession Act ...

Jan 13 2005

Ravikirthi Shetty and Ors. Vs. Jagathpala Shetty (Deceased) by L.Rs

  • Decided on : 13-Jan-2005

Court : Karnataka

Reported in : AIR2005Kant194; 2005(2)KarLJ32

... absolute property. It is his further contention that the parties who belong to Jain community in South Canara were not governed by Mithakshara Law and therefore the provisions of Section 6 of the Hindu Succession Act, 1956 was not applicable to them. According to him, they were governed by the School of Aliya Santana Law and the division of the shares is therefore, to be ... paragraph 10 while referring to the effect of Section 6 and Section 30(1) of the Hindu Succession Act that both the Sections together confer on a coparcener in a Mithakshara family or his heirs, as the case may be the two-fold rights namely the coparcener's undivided interest as quantified under Section 6 goes by inter-State succession to his heir and the same interest can ... Hindu Succession Act that both the Sections together confer on a coparcener in a Mithakshara family or his heirs, as the case may be the two-fold rights namely the coparcener's undivided interest as quantified under Section 6 goes by inter-State succession to his heir and the same interest can be disposed of by the. coparceners by means of testamentary disposition, under Section 30( ... Court there was no occasion to produce evidence on this aspect. There can be no dispute regarding the position of law that after the insertion of Section 6 in the Hindu Succession Act by the Karnataka (Amendment) Act No. 23 of 1994, an unmarried daughter will get the status of a coparcener entitling her for equal rights with the son. However, no material was ...

Jan 22 2004

Smt. Puttamma and Ors. Vs. H.K. Ramegowda

  • Decided on : 22-Jan-2004

Court : Karnataka

Reported in : ILR2004KAR1930; 2004(6)KarLJ146

... the property has been rejected concurrently by the Courts below. The said finding is sound and proper.6. The provisions of Section 8 of Mysore Hindu Law Women's Rights Act 1933 (hereinafter called Mysore Act 1933) and 6 of Hindu Succession Act, 1956 are reproduced hereunder for convenient reference.'Section 8: Certain females entitled to shares at partition :-(1 (a)At a partition of joint family ... Section 8(1)(d) of the Mysore Act does not also arise. This would mean that Section 8(1)(d) of the Mysore Act has been superseded by the proviso to Section 6 of the 1956 Act to the extent stated.10. The Supreme Court has laid down that the provisions of Section 8(1)(d) of the Mysore Act are superceded by the provisions of Section 6 of the Hindu Succession Act ... that Section 8(1)(d) of the Mysore Act has been superseded by the proviso to Section 6 of the 1956 Act to the extent stated.10. The Supreme Court has laid down that the provisions of Section 8(1)(d) of the Mysore Act are superceded by the provisions of Section 6 of the Hindu Succession Act. In the instant case we are concerned with the provisions of Section ... that the Mysore Act of 1933 is not repealed by Hindu Succession Act of 1956 and the Mysore Act of 1933 is still operative. In the context of such observations the ruling of the Single Judge in MUNISWAMY v. SMT. LAXMAKKA, : AIR1989Kant67 taking a contra view that Section 8 of the Mysore Act of 1933 is inconsistent with the provisions of Section 6 of Hindu Succession Act is not ...

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 ...

Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //