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Search Results Judgments > Act:hindu disposition of property act Page:8

Feb 28 2008

Ram Belas Singh Vs. Uttamraj Singh and Ors.

  • Decided on : 28-Feb-2008

Court : Patna

... property capable of being disposed of by her by testamentary disposition.8. Furthermore by the said amending Act equal rights were given to daughters in a coparcenary property by adding Section 29A the Act which reads as follows:29-A Equal rights to daughter in coparcenary property.-Notwithstanding anything contained in Section 6 of this Act - (i) in a joint Hindu ... disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004.(2) Any property to which a female Hindu becomes entitled by virtue of Sub-section (1) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in his Act ... disposition of property which had taken place before the 20th day of December, 2004.(2) Any property to which a female Hindu becomes entitled by virtue of Sub-section (1) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in his Act or any other law for the time being in force in, as property ...

Oct 01 1948

Narotam Chand and Anr. Vs. Mst. Durga Devi

  • Decided on : 01-Oct-1948

Court : Punjab and Haryana

Reported in : AIR1949P& H109

... in respect of an alienation by an owner with restricted power of disposition can be availed of by another reversioner. Under Hindu law, as well as under custom, a reversioner has no personal interest in the property. The actual reversioner may be a person different from the presumptive reversioner ... after her death or alienation in the Register of forfeiture of he intersest in Mutations has been attested by the property. Revenue Act, Officer under the Punjab Land Revenue Act, 1887 the date on wich the entry is attested (b)If such entry has not beenattested the date ... property, and power to dispose of it so as to defeat the expectations of those who are deemed to have a residuary interest, and who would take the property if the owner died without disposing of it.It was further observed that the presumption is that a sonless land owner 'has not an unrestricted power of disposition over ancestral immovable property ... to prevent an invasion of the reversioners' interests or to avoid alienation of the property Joy the holder for the time being who holds the same with a restricted power of disposition has always been regarded as a right existing and exercisable in the interest and ... Act which prescribes a period of limitation regarding suits of the nature above mentioned has given rise to ?umber of difficulties in view of fact that in an alienation made by her it is wholly unnecessary to prove the ancestral character of the property and further that under custom as well as under Hindu ...

Mar 02 1920

Krishnaswami Iyer Vs. Appavier and Ors.

  • Decided on : 02-Mar-1920

Court : Chennai

Reported in : 60Ind.Cas.802; (1920)39MLJ498

... Hindu Law or a course of decisions in India prohibiting a substitutional gift for failure of a condition, there is no reason why the principles which have governed English Courts and which have found expression in the sections of the Transfer of Property Act to which I have referred should not be applied to the construction of Hindu dispositions of property ... Property Act are applicable to this case. The last portion of Section 2 lays down that nothing in the second chapter of this Act shall be deemed to affect any rule of Hindu, Muharn-madan or Buddhist law. Therefore if the provisions of the second chapter are in any way inconsistent with provisions of Hindu ... Act shall be deemed to affect any rule of Hindu, Muharn-madan or Buddhist law. Therefore if the provisions of the second chapter are in any way inconsistent with provisions of Hindu Law, they should not be applied to this case. I have come to the conclusion that the particular provisions in the Transfer of Property Act ... Hindu, Muharn-madan or Buddhist law. Therefore if the provisions of the second chapter are in any way inconsistent with provisions of Hindu Law, they should not be applied to this case. I have come to the conclusion that the particular provisions in the Transfer of Property Act by which this case is affected do not lay down any rule inconsistent with the Hindu ... in Sections 19, 28 and 31 of the Transfer of Property Act are in any way opposed to the principles of Hindu Law. As far as possible I shall refer only to ...

Sep 14 1988

Chinnammal (Died) and Anr. Vs. Kannaki and Ors.

  • Decided on : 14-Sep-1988

Court : Chennai

Reported in : (1988)2MLJ314

... disposition. The Will is the Will of the testator and he has, under the law, the freedom to give his property to whomsoever he likes. What strikes the Court as an eccentric or an unjust or an unnatural disposition can certainly be taken as a consideration on the main question of finding out whether the testator was, acting ... already dealt with them and found against the same. One of the other grounds is based on Section 20 of the Hindu Adoptions and Maintenance Act. Under that section, a Hindu is bound during his or her lifetime, to maintain his or her aged or infirm parents. It is argued that Rangasamy ... act with great caution. The testator who has full testamentary powers and a disposing mind cannot be dictated by the Court as to what is a fair and an unjust disposition. The Will is the Will of the testator and he has, under the law, the freedom to give his property ... properties of his own.As the plaintiff' was not given any interest in the house as such, there was no question of her getting an absolute estate Under Section 14 of the Hindu Succession Act. As laid down by the Supreme Court in Eramma v. Veerupana : [1966]2SCR626 . Section 14 of the Hindu Succession Act will not confer absolute title on a female Hindu ... from the facts of the case that the suit was filed before the passing of the Hindu Succession Act in which a claim for maintenance was made or in the alternative for a half share in the properties left by the husband of the plaintiff. The suit was contested by the grand ...

May 15 2007

Sri Shyam Sunder Kayal Vs. Mist Valley Binimoy Pvt. Ltd.

  • Decided on : 15-May-2007

Court : Kolkata

Reported in : (2007)3CALLT560(HC),2008(1)CHN900

... Hindu Adoptions and Maintenance Act in the separate property of her husband. May be, in terms of Section 39 of the Transfer of Property Act, she could have also enforced the charge even as against an alienee from her husband. Unlike in a case where the widow was in possession of the property on the date of the coming into force of the Act ... Act. Invocation of Section 14(1) of the Act in the case of a testamentary disposition taking effect after the Act, would make Sections 30 and 14(2) redundant or otios. It will also make redundant, the expression 'property possessed by a female Hindu occurring in Section 14(1) of the Act ... Property Act, she could have also enforced the charge even as against an alienee from her husband. Unlike in a case where the widow was in possession of the property on the date of the coming into force of the Act in which she had a pre-existing right at least to maintenance, a situation covered by Section 14(1) of the Hindu Succession Act ... property on the date of the coming into force of the Act in which she had a pre-existing right at least to maintenance, a situation covered by Section 14(1) of the Hindu Succession Act, if his separate property is disposed of by a Hindu male by way of testamentary disposition ...

Mar 03 2011

Mrs.K.Rajeswari And Ors. Vs. M.V.Shanmugam

  • Decided on : 03-Mar-2011

Court : Chennai

... Property Act and Sections 112 to 114 of the Indian Succession Act, the Will is void in respect of disposition made in favour of unborn children. It is appropriate to quote Section 13 of the Transfer of Property Act and Sections 112 to 114 of the Indian Succession Act : Section 13 of the Transfer of Property Act: Transfer for benefit of unborn person: Where, on a transfer of property ... 6 and 7, but they have got the properties by way of testamentary disposition and so, they are the separate properties and therefore, as per Section 8 of the Hindu Minority and Guardianship Act, they have no right to deal with the properties except with the prior permission of the Court. If there is any disposal of the immovable properties by the natural guardian, is voidable ... properties.16. While considering the recitals in Ex.B-1 Will, as per Section 13 of the Transfer of Property Act and Sections 112 to 114 of the Indian Succession Act, the Will is void in respect of disposition made in favour of unborn children. It is appropriate to quote Section 13 of the Transfer of Property Act and Sections 112 to 114 of the Indian Succession Act ... enjoy the properties, without alienation and only male children born to Thiagaran/second defendant and his brother are having absolute estate over the properties.16. While considering the recitals in Ex.B-1 Will, as per Section 13 of the Transfer of Property Act and Sections 112 to 114 of the Indian Succession Act, the Will is void in respect of disposition made in ...

Apr 09 2012

Pavunambal And Ors. Vs. Shanmugam And Ors.

  • Decided on : 09-Apr-2012

Court : Chennai

... is held as follows:"Therefore, from the close reading of the provision of Section 3 of the Transfer of Property Act, 1882 and Section 68 of the Evidence Act as well as the decisions referred to above, it is made clear that where an attesting witness stated in ... evident, and it is not disputed by learned counsel for the appellant, that the properties of the Kutias are not dealt with by this document. There is no disposition of the properties of the Math.84. Further, the Learned Counsel for the Respondents 2 to 6 in ... Hindu Succession Act, 1956 speaks of 'General rules of succession' in the case of males when they die intestate, the property will devolve according to the provisions of this chapter. Whether on death of a male intestate devolution of property takes place after the commencement of the Hindu Succession Act, 1956. The widow of a male Hindu ... property will devolve according to the provisions of this chapter. Whether on death of a male intestate devolution of property takes place after the commencement of the Hindu Succession Act, 1956. The widow of a male Hindu inherits simultaneously when a son, daughter and other heirs specified in Class-I of the schedule as per Section 9 of the Hindu Succession Act ... of the Hindu Succession Act, 1956.67. It cannot be gainsaid, Section 8 of the Hindu Succession Act also refers to succession to property of a male dying intestate as per the schedule. The right of the Appellants to obtain a share in the joint family suit properties wherein her ...

Sep 20 2000

Gift Tax Officer Vs. Smt. Sushilabai Himmatmal Jain

  • Decided on : 20-Sep-2000

Court : Income Tax Appellate Tribunal (ITAT) - Pune

Reported in : (2002)81ITD273(Pune.)

... acts. A transfer to which two persons are not parties can never amount to a gift. In other words, unless the act is bilateral or multilateral act, it will not amount to disposition, under the deeming provisions. One thing is clear that a mere unilateral act cannot amount to disposition as understood in Section 2(xxiv) in the definition of the expression 'transfer of property ... the assessee was more by 21 years of the age of Shri Harakchand and there was no violation of any of the conditions, of Section 11 of Hindu Adoptions and Maintenance Act. Accordingly, we uphold the order of the Dy. CGT(A) on this issue.12. In the light of above discussion, we decline to interfere and dismiss ... act is bilateral or multilateral act, it will not amount to disposition, under the deeming provisions. One thing is clear that a mere unilateral act cannot amount to disposition as understood in Section 2(xxiv) in the definition of the expression 'transfer of property'--refer judgment of the Bombay High Court in CGT v. Mrs. Jei Mavis Lubimoff (1978) 114 ITR 90 (Bom). Thus, the GT Act ... act of transfer involved. The expression 'transfer of property' is defined in Section 2(xxiv) which means any disposition, conveyance, assignment, settlement, delivery, payment 01 other alienation of property and without limiting the generality of the foregoing, includes the creation of a trust in property, the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property, ...

Jul 28 2006

The Income-Tax Officer Vs. Shri P.C. Ramakrishna, Huf

  • Decided on : 28-Jul-2006

Court : Income Tax Appellate Tribunal (ITAT) - Chennai

Reported in : (2007)108ITD251(Chennai)

... be regarded, notwithstanding anything contained in this Act or any other law for the time being in force, as property capable of being disposed of by her by will or other testamentary disposition. (iv) nothing in this Chapter shall apply to a daughter married before the date of the commencement of the Hindu Succession (Tamil Nadu Amendment) Act, 1989 (v) nothing in Clause (ii) ... anything contained in this Act or any other law for the time being in force, as property capable of being disposed of by her by will or other testamentary disposition; (iv) nothing in Clause (ii) shall apply to a daughter married prior to or to a partition which had been effected before the commencement of the Hindu Succession (Andhra Pradesh Amendment) Act, 1986.8. ... as property capable of being disposed of by her by will or other testamentary disposition. (iv) nothing in this Chapter shall apply to a daughter married before the date of the commencement of the Hindu Succession (Tamil Nadu Amendment) Act, 1989 (v) nothing in Clause (ii) shall apply to a partition which had been effected before the date of the commencement of the Hindu ... (iii) any property to which a female Hindu becomes entitled by virtue of the provisions of Clause (i) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this Act or any other law for the time being in force, as property capable of being disposed of by her by will or other testamentary disposition; ( ...

Jul 28 2006

Ito Vs. P.C. Ramakrishna (Huf)

  • Decided on : 28-Jul-2006

Court : Income Tax Appellate Tribunal (ITAT) - Madras

... be regarded, notwithstanding anything contained in this Act or any other law for the time being in force, as property capable of being disposed of by her by will or other testamentary disposition; (iv) nothing in this Chapter shall apply to a daughter married before the date of the commencement of the Hindu Succession (Tamil Nadu Amendment) Act, 1989; (v) nothing in Clause (ii) ... contained in this Act or any other law for the time being in force, as property capable of being disposed of by her by will or other testamentary disposition; (iv) nothing in Clause (ii) shall apply to a daughter married prior to or to a partition which had been effected before the commencement of the Hindu Succession (Andhra Pradesh Amendment) Act, 1986." 8. ... as property capable of being disposed of by her by will or other testamentary disposition; (iv) nothing in this Chapter shall apply to a daughter married before the date of the commencement of the Hindu Succession (Tamil Nadu Amendment) Act, 1989; (v) nothing in Clause (ii) shall apply to a partition which had been effected before the date of the commencement of the Hindu ... (iii) any property to which a female Hindu becomes entitled by virtue of the provisions of Clause (i) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this Act or any other law for the time being in force, as property capable of being disposed of by her by will or other testamentary disposition; ( ...

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