Court : Allahabad
Reported in : 16Ind.Cas.529
..... the great grandson, who is the last man in the series of those who are of the same, body, according to manu and other ancient hindu law givers.11. the learned advocate for the appellant chiefly relies on the position which he contends is given in the mitakshara to the grandmother, that ..... , mr. sarvadhikari's scheme attracts me by the suggestion that it is in closer conformity with essential hindu ideas, as going back for its basis to the most ancient authority upon which the hindu law on the subject is based. subject to the considerations which i have suggested when discussing it, i think ..... of the grandfather succeed before the great grandfather referring to his opinion and that of professor sarbadhikari. mr. j.c. ghose, in his work on hindu law (2nd edition, page 148), says: 'this rule is in accordance with the later theory of sapinda and probably more consistent with the principle of ..... to the same general family till the seventh degree among the sapindas'.8. the above is the translation of the original given in setlur's hindu law books on inheritance and is more accurate than mr. colebrooke's translation.9. relying on the above texts, the learned advocate for the appellant ..... purchasers of part of the property from budha singh and are apparently financing the litigation.4. the question to be determined is whether under the hindu law as prevailing in these provinces, the great grandfather's grandson succeeds in preference to the grandfather's great grandson. the question is not free .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1952All716
..... fact is stated in the preamble to the beng. reg. i of 1798. that such contracts were recognized and enforced according to their letter by the ancient hindu law appears from several passages in colebrooke's digest (vol. 1, pages 183, 187, 188 and 193). that they i were equally recognized and enforced ..... app 560 (pc), and held that the contract of mortgage by conditional sale is a form of security known throughout india, and which by the ancient law of india which must be taken to prevail in every part of india where it has not been modified by actual legislation or established practice, ..... of equity, that the time stipulated in the mortgage deed is not of the essence of the contract. such a doctrine was unknown to the ancient law of india; and if it could have been introduced by the decisions of the courts of theeast indian company, their lordships can find no such ..... pc), stated: '............that the contract of mortgage by conditional sale is a form of security known under various names throughout india; that according to the ancient law of india it was enforceable according to its letter; and that, whether it was embodied in one instrument or in two separate instruments, and whether or ..... fact is stated in the preamble to the bengal regulation i of 1798. that such contracts were recognised and enforced according to their letter by the ancient hindoo law appears from several passages in colebrook's digest (vol. i, pp. 183, 187, 188 and 193). that they were equally recognised and enforced .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1935All329
..... aurasa. there were, as stated before, twelve kinds of sons, the first of whom was called the principal (aurasa); the remaining eleven were secondary and ancient hindu law prescribed various devices for obtaining sons, even to the extent of a child being begotten by another person, namely, by a sagotra (this was kshetraja son ..... rulings, the position is perfectly clear. illegitimacy, in the sense in which it is now understood was not at all recognized under the ancient hindu law. it could only come in if there was a legal impediment to marriage or the order of the castes was infringed by a woman ..... brothers claiming to each other...still less is there any absence of heritable blood as between bastards and their mother.23. trevelyan in his book on hindu law, edn. 3, at p. 500, says:illegitimacy is not a bar to the succession of children to their mother's property, but in ..... ordinarily understood as ad opted) are also, obsolete and slavery, too, has been abolished. it therefore perhaps follows that an illegitimate child according to hindu law as at present understood would be the offspring of concubinage and that is the reason why their lordships of the privy council have said that an illegimate ..... property. we shall first mention the line adopted by the appellant in his argument. reference was made at the very outset to sarvadhikari's hindu law of inheritance (tagore law lectures, 1880), p. 281, where the learned author says:if we carefully read the extracts from manu which we have hven in .....Tag this Judgment!
Court : Allahabad
Reported in : 153Ind.Cas.1078
..... kind of son, namely the aurasa. there were, as slated before, twelve kinds of sons, the first of whom was called the principal (aurasa); the remaining eleven were secondary and ancient hindu law prescribed various devices for obtaining sons, even to the extent of a child being begotten by another person, namely, by a sagotra (this was kshetraja son) or of a child ..... taking into account the subsequent rulings, the position is perfectly clear. illegitimacy in the sense in which it is now understood was not at all recognised under the ancient hindu law. it could only come in if there was a legal impediment to marriage or the order of the castes was infringed by a woman of a higher caste marrying a ..... aurasa (ordinarily understood as legitimate) and dattaka (ordinarily understood as adopted) are also obsolete and slavery, too, has been abolished. it, therefore, perhaps follows that an illegitimate child according to hindu law as at present understood would be the offspring of concubinage and that is the reason why their lordships of the privy council have said that, an illegitimate child as distinguished ..... was not a nihang sanyasi naturally obviates the necessity of finding whether there is any special custom in shankerjot math about the devolution of the math property, because the ordinary hindu law would govern the inheritance. paragraph 7 of the wajibularz of 1860 subscribed by oudh bharthi, runs as follows:in this village i have been appointed as a lambardar. after me .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1958All304
..... a life estate-she was a proprietor in the full sense of the word except that her power of alienation was restricted. according to the ancient hindu law a widow had no right to inheritance; she gradually stepped into the inheritance through the instrumentality of niyoga. at first her right was not ..... see n. o. sengupta's evolution of ancient indian law, pp-183 etc. she was not permitted to transfer any part of, the estate except for legal necessity; she was not permitted to transfer even the so-called life interest because the hindu law did not recognize anything like transfer of life interest ..... the date of inheritance.consequently if a widow had alienated the property without legal necessity, the alienation that was invalid according to the customary hindu law remained invalid and its invalidity was not affected at all by the provisions of section 14. since it remained invalid, it remained challengeable on ..... alienation. the supreme court described the alienation 'invalid' in the case of : 1scr339 ; this only meant that it was against the hindu law. in the case of the judicial committee was really considering the effect of an act of the presumptive reversioner in joining in execution of a deed ..... no legal necessity, she generally purported to alienate the absolute estate or the very property inherited by her,the alienation was invalid according to the hindu law, but the question arose who was aggrieved by it and what could be done. the only persons who could at all be affected were .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1939All437
..... brahmans and rajputs who were immigrants in kumaon. the mitakshara may have been written in the eleventh century, but it is only a commentary on the ancient hindu law which does draw a distinction between full blood and half blood. their lordships of the privy council in garudas v. laldas , observed that under the ..... and half blood, does not result as mr. lall suggests, from ignorance, but from divergence between the principles of succession among the khasas and in hindu law.6. dr. joshi has made a comparative study of the subject and has referred to the custom prevailing in the punjab and the customs prevailing in ..... ought to be restored. it is said that the plaintiffs never asserted that they were governed in matters of inheritance by the mitakshara school of hindu law which draws a distinction between the descendants of the full blood and the descendants of the half blood and that further the custom set up by ..... daughter's sons and that the defendants, who wore the daughter's sons of lachi ram, never pleaded that they were entitled under the hindu law to succeed to the grandfather nor did they ever state that they had come from any other part of the country or that they carried with ..... of the appellants argued that the plaintiffs did not allege in so many words that they were governed by the mitakshara hindu law and all that they said was that according to law and family customs, which had all along been observed in the family of the parties, the estate of an issueless cosharer .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1951All529
..... be no injunctions of that law upon the subject and a fortiori no sanction or prohibition of such a marriage. the history of ..... and specific provision of the hindu law which prohibits the marriage of a hindu with a christian. any analogy from the texts of the hindu law or from judicial decisions showing that certain marriages are not recognised or approved by the hindu law will afford no assistance in construing section 88. as the ancient hindu law givers never contemplated the marriage of a hindu with a non-hindu, it follows there could ..... heirs jointly with respondents 1 and 2 and were brought on the record of pending proceedings as such. in these circumstances the second of the two principles from sastri's hindu law which i have quoted earlier would be applicable and the case would also be covered by the scope of the decision in muthusami mudaliar v. masilamani, 33 mad. 342 : (5 ..... refusal to cohabit by the spouse who had not been converted that the marriage could be dissolved. this was not merely the effect of the act but also of the hindu law, according to which marriage is indissoluble and the conversion of one of the parties to another religion does not terminate the marriage : vide in re millard, 10 mad. 218, .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1931All113; 129Ind.Cas.719
..... the fact is stated in the preamble to the bengal regulation 1 of 1798. that such contracts were recognized and enforced according to their letter by the ancient hindu law appears from several passages in colebrooke's digest vol. 1, pp. 183, 187, 188, and 193.. that these were equally recognised and enforced between ..... courts of equity, that the time stipulated in the mortgage-deed is not the essence of the contract. such a doctrine was unknown to the ancient law of india; and if it could have been introduced by the decisions of the courts of the east india company, their lordships can find no ..... mahomedans is shown by mr. bailie in his introduction to his learned work on the mahomedan law of sale. if the ancient law of the country has been modified by any later rule having the force of law, that rule must be founded either on positive legislation or on established practice.7. again, at ..... sale and not one in the nature of a mortgage6. the doctrine of english law with respect to the equity of redemption after default of payment of the mortgage money appears to have been unknown to the ancient law of india. the said rule appears to have been introduced to certain parts of ..... baibilwafa form of mortgage is very common in northern india. it originated from a desire on the part of certain mahomedans to evade the musalman ecclesiastical law, which was opposed to the lending of money at interest and to the obtaining of security for the repayment of principal and interest. the hindus, .....Tag this Judgment!
Court : Allahabad
Reported in : 2002(4)AWC2787
..... ind app 86 : air 1921 pc 53, the privy council held that 'sons' in mitakshara chapter ii 6 (1) include a grand son. in the ancient hindu law, twelve sons are mentioned by the truth seeing sages all of whom need not be mentioned here. the attempt only is to indicate that the term 'son' ..... tenancy, this should be read as heir according to personal law. in this case, it should be under hindu succession act, 1956.8. in this view of the matter, learned counsel for the petitioner has submitted that it gangajali cannot be ..... either of two counts as stated above. the petitioner is the husband's brother's son of gangajali. he, therefore, may be the heir under hindu succession act, 1956.6. learned counsel for the respondent-landlord has relied upon two decisions of this court in 1979 arc 251 and 1999 all cj 431 ..... upon the context in which it is used. even illegitimate son may be treated as legitimate, as for example, the son referred to in section 16 of hindu marriage act as originally enacted. 23. coming now to 'foster son', it may be pointed out that a 'foster son' is a son who is ..... g) has asserted that since in the case of non-residential accommodation, the definition of tenant includes the heirs and heirs means, heir under the personal law. learned counsel for the petitioner has further submitted that in case of a non-residential accommodation since all the heirs would become entitled to inherit the .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1970All238
..... compromise decree cannot be enlarged under sub-section (1) of the section. the scheme of section 14 apparently is to give full proprietary rights to hindu women where she got only limited rights by virtue of ancient hindu law but not to affect those which were received under an instrument by deliberate human volition. in the present case, limited rights were acquired under a ..... compromise decree and are thus not affected even if the provisions of section 14 of the hindu succession act are applicable to the case. 9. learned counsel ..... given to her by the compromise decree and the mere fact of her name remaining on the revenue records cannot be sufficient to invest her with any right. under the hindu law, as it stood in 1936, she got no right in the joint family property and the only property which came into her possession by means of the compromise decree were ..... it is using it with reference to that kind of property with respect to which it is competent to legislate and to no other..................'the hindu succession act, 1956, was passed merely to alter the personal law of succession applicable to hindus. it had no reference to any kind of property in particular and was not meant to govern rights in agricultural .....Tag this Judgment!