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Judgment Search Results Home > Cases Phrase: ancient hindu law Sorted by: recent Page 1 of about 29,006 results (0.161 seconds)

Sep 05 2019 (HC)

Ramesh Arya vs.pawan Arya and Ors.

Court : Delhi

..... the will shows the intent to convert the property into a joint hindu family property.33. however, on enquiry whether not a joint hindu family is also partible, no answer is forthcoming.34. i may in this regard mention that though ancient hindu law, even after codification, deprived a married daughter from a claim for ..... partition of the property and entitled such daughter to a share only on partition being effected by others but the said law was changed in the year 2005 and the same also ..... of alienation and partition in respect of immovable properties until the youngest of them had attained majority, was void. it was held to be settled law that where in a deed of gift or will, an absolute estate of inheritance is created in favour of a person any subsequent clause which ..... been drawn, is as under: 127. bequest upon illegal or immoral condition.-a bequest upon a condition, the fulfilment of which would be contrary to law or to morality is void. 26. once it is held that right of partition is an inherent right in property, any condition in the will restraining ..... legislature has provided for any desire with respect to the estate, to be expressed by way of a will executed in the manner laid down by law and till the allocation, even if done by the father in his lifetime, of different portions of the property between different family members forms subject .....

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Aug 02 2019 (HC)

Raj Kumar vs.ram Bhaj Bansal & Ors

Court : Delhi

..... 12701 and saurabh sharma vs. om wati 2018 scc online del 9186, obviously filed on a misconception of the ancient hindu law prevalent prior to the coming into force of the hindu succession act, 1956 and of the hindu succession act, 1956 itself. in fact, i may mention that plaint as originally filed and which had come up ..... in different names. there is nothing also to show, apart from a bare plea, that gyani ram acquired the properties from a nucleus of the joint hindu family for the properties acquired to be presumed to be joint family property. it is not even the plea that gyani ram, at any point in his ..... and 8th january, 2013, that the application for amendment was filed to bring in the words of joint cs(os) no.2665/2013 page 4 of 8 hindu family and coparcenary in the plaint, and which is obviously an afterthought.8. this misconception is evident, from the counsel for the plaintiff today also, being ..... paragraph 5(iv) of the plaint are properties cs(os) no.2665/2013 page 3 of 8 purchased by late sh. gyani ram as karta of hindu joint family from joint family funds; (c) declaration that the plaintiff is entitled to one- eighth share from the proceeds of sale of the two properties ..... that the plaintiff is seeking partition in the properties purchased and left behind by his grandfather late sh. gyani ram in the capacity of a coparcener in the joint hindu family which was headed by late sh. gyani ram during his life time. ; (ii) that the plaintiff and the defendants (1a) to (1d) were born .....

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May 06 2019 (HC)

Shabnam Sikand vs.geeta Sikand & Anr.

Court : Delhi

..... husband / father being on their behalf. the concept of legal necessity? is a concept of coparcenary under the ancient hindu law and there are no pleadings of any coparcenary, for the plea of relinquishment being not for legal necessity to arise. even under the ancient hindu law of coparcenary, the plea of legal necessity was not attracted to in case of relinquishment deed. re: f as ..... aforesaid, there was no requirement in law for vikram sikand to consult his wife i.e. the plaintiff and / or his daughter before relinquishing ..... .17. i now proceed to deal separately with each of the grounds set out in para no.12 of the plaint: re: a there is no need in law for a male hindu to consult his class i heirs before executing a relinquishment deed of his share in a property. neither the plaintiff nor her daughter rhea sikand, during the lifetime of ..... has to be coparcenary / huf and of which there is no plea.21. the plaint is thus found to suffer from a confusion between the law as prevailing prior to the coming into force of the hindu succession act and as prevailing now for the last over sixty years. however as held in neelam vs. sada ram 2013 scc online del 384 .....

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Mar 18 2019 (HC)

Manju Choudhary vs.sudesh Lamba & Ors.

Court : Delhi

..... .18. there is no merit in the aforesaid contention. section 6 of the hindu succession act, as it stood prior to the amendment with effect from the year 2005, saved the ancient hindu law as applicable to coparceneries. under the ancient hindu law, a daughter was not a coparcener or member of the coparcenary and did not ..... have any share in the coparcenary property. it was only the male descendants of hindu, who by birth acquired a share in ..... , at that stage generally stated that there is a provision to such effect but could not name the said provision. a copy of the hindu succession act was handed over to the counsel for the plaintiff to enable the counsel for the plaintiff to show the requisite provision but the ..... to reproduce the said application herein below:-" 1. that the plaintiff has filed the above noted suit under section 3(b) and 20 of the hindu adoption and maintenance act. that the defendant herein has also filed a separate suit 2. against the plaintiff herein for possession and permanent injunction and ..... it was also enquired from the counsel for the plaintiff as to how and under which law the plaintiff, on the demise of her paternal grandfather in the year 1957 i.e. after coming into force of hindu succession act, 1956, acquired a share in the property. the counsel for the plaintiff .....

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Jul 16 2018 (HC)

Bhagat Singh & Anr vs.paltu Ram & Ors

Court : Delhi

..... del 959 again, it was held: 13. the concept of ancestral property, as existed under the ancient hindu law, was done away with on coming into force of the hindu succession act, 1956. thereafter, the ancient hindu law survived only under section 6 of the hindu succession act and not otherwise. the ancient hindu law discriminated between the male descendants and the female descendants. section 6 provided that when a male ..... members of the coparcenary and not in accordance with the succession act. under the ancient hindu law only the male descendant could be the members of the coparcenary. section 6, so preserving ancient hindu law, was however amended by the hindu succession (amendment) act, 2005, to do away with the discrimination as existed under ancient hindu law, between grandsons and granddaughters. section 6 as amended provides that with effect from ..... online del 12701 and in saurabh sharma vs. om wati 2018 scc online del 9186, it has been held that inspite of the ancient hindu law, in which the concept of ancestral property was prevalent, having been abrogated by the hindu succession act, 1956, more than half a century ago, citizens including advocates continue to take pleas in the court, of the grandson having .....

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Jul 03 2018 (HC)

A.n. Kaul vs.neerja Kaul & Anr

Court : Delhi

..... easements act, 1882.13. the concept of ancestral property, as existed under the ancient hindu law, was done away with on coming into force of the hindu succession act, 1956. thereafter, the ancient hindu law survived only under section 6 of the hindu succession act and not otherwise. the ancient hindu law discriminated between the male descendents and the female descendents. section 6 provided that when ..... by survivorship upon the surviving members of the coparcenary and not in accordance with the succession act. under the ancient hindu law only the male descendant could be the members of the coparcenary. section 6, so preserving ancient hindu law, was however amended by the hindu c.r.p. 189/2017 page 7 of 17 succession (amendment) act, 2005, to do away ..... with the discrimination as existed under ancient hindu law, between grandsons and granddaughters. section 6 as amended provides that with effect from the hindu succession (amendment) act, 2005, in a joint hindu family, governed by mitakshara law, the daughter of a coparcener shall by birth, become a coparcener in her own right ..... / plaintiff are ancestral and she has a share in the same.15. however, section 6 of the hindu succession act, even post amendment, saves the ancient hindu law only with respect to mitakshara coparcenary property i.e. coparcenary property governed by mitakshara law. there is no plea in the written statement of the respondent / defendant no.2, of the existence .....

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May 25 2018 (HC)

Saurabh Sharma vs.om Wati & Ors

Court : Delhi

..... plaintiff is claimed to have inherited the properties from his mother. cs(os) 430/2016 page 17 of 19 even under the ancient hindu law applicable prior to coming into force of the hindu succession act and continued to a certain extent by section 6 thereof as it stood prior to the amendment with effect from the ..... inherited the same in his personal individual capacity and not for the benefit of his own progeny. even under the ancient hindu law, in the property inherited by a male hindu from his mother, the sons of such male hindu did not acquire any right, as was the case on inheritance from paternal ancestors. needless to state, sunder lal ..... /2017 and in aditya prasad dube vs. shobha dube 2018 scc online del 6567 observed that everybody including advocates seem to remember the ancient hindu law prevalent prior to coming into force of hindu succession act, 1956 i.e. probably prior to the time they were born and / or joined the practice of ..... thereof which in turn sets out the paragraph of another judgment of this court in amit johri vs. deepak johri 196 (2013) dlt29holding that under the hindu law, as soon as a son is born, he gets a share in his father?s property and becomes a part of the coparcenary and which right ..... law and no one remembers the law in force for the last over a half a century i.e. the hindu succession act.19. this court, in surender kumar supra has held as under:-" 5. the supreme court .....

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Apr 13 2018 (HC)

Santosh Kumar Jain vs.kiran Jain & Ors.

Court : Delhi

..... singh jain with respect to the said business would thus be governed by the partnership act, 1932 and not by the ancient hindu law pertaining to coparcenary, hindu undivided family and joint hindu family firm. (g) it is also the evidence of the plaintiff himself that on his father mehtab singh jain ceasing to ..... the business from that of a partnership, governed by partnership act to the business of a joint hindu family or joint hindu family firm, governed by ancient hindu law. (i) if the pleas of existence of huf/joint hindu family/ancestral business were to lead to existence of such huf, all the sons of l. ..... be of the huf or of coparcenary. (m) the paternal grandfather of the plaintiff mehboob singh jain died after coming into force of the hindu succession act, 1956 and thus what was inherited by mehtab singh jain father of the plaintiff from his father mehboob singh jain was not ancestral ..... court in commissioner of wealth tax etc. etc. vs. chander sen etc. air1986sc1753and yudhishter vs. ashok kumar air1987sc558 inasmuch as after passing of the hindu succession act, 1956, any person who receives property from his paternal ancestors receives so as his self-acquired property and not as property of his ..... underneath and built property no.7/23, makhan lal street, darya ganj, new delhi and which property having been built by ancestral funds is property of hindu undivided family (huf) of defendant no.1 mehtab singh jain and his sons; (ix) mehtab singh jain & sons also owned 1/4th share in .....

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Apr 13 2018 (HC)

Santosh Kumar Jain vs.mehtab Singh Jain & Ors

Court : Delhi

..... singh jain with respect to the said business would thus be governed by the partnership act, 1932 and not by the ancient hindu law pertaining to coparcenary, hindu undivided family and joint hindu family firm. (g) it is also the evidence of the plaintiff himself that on his father mehtab singh jain ceasing to ..... the business from that of a partnership, governed by partnership act to the business of a joint hindu family or joint hindu family firm, governed by ancient hindu law. (i) if the pleas of existence of huf/joint hindu family/ancestral business were to lead to existence of such huf, all the sons of l. ..... be of the huf or of coparcenary. (m) the paternal grandfather of the plaintiff mehboob singh jain died after coming into force of the hindu succession act, 1956 and thus what was inherited by mehtab singh jain father of the plaintiff from his father mehboob singh jain was not ancestral ..... court in commissioner of wealth tax etc. etc. vs. chander sen etc. air1986sc1753and yudhishter vs. ashok kumar air1987sc558 inasmuch as after passing of the hindu succession act, 1956, any person who receives property from his paternal ancestors receives so as his self-acquired property and not as property of his ..... underneath and built property no.7/23, makhan lal street, darya ganj, new delhi and which property having been built by ancestral funds is property of hindu undivided family (huf) of defendant no.1 mehtab singh jain and his sons; (ix) mehtab singh jain & sons also owned 1/4th share in .....

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Mar 16 2018 (HC)

Jatinder Pal Singh Dang & Anr vs.gunpreet Singh Dang & Anr

Court : Delhi

..... he was alive till then. today, it is informed that he died on 30th may, 2013.15. the hindu succession act, 1956 changed the ancient law of succession as in force prior thereto. while in the ancient hindu law, a grandson had a share in the estate of his paternal grandfather, it is no longer so, under ..... the hindu succession act, 1956, schedule whereto in class i heirs includes only the sons and daughters of the deceased hindu and does not include the grandchildren of the deceased hindu. the paternal ..... , brother and sister of the plaintiff respectively. that late sh. joginder singh dang was grandfather of the plaintiff herein and he was karta of the hindu undivided family and plaintiff as well as the defendants were member of the said huf. the grandfather of the plaintiff has purchased all properties (mentioned hereinbelow ..... thing having been done with respect to the properties.26. i may mention that the courts are necessarily required to today interpret and deal with the laws as per the prevailing time. in earlier c.r.p. no.95/2017 page 11 of 12 times, the principle of, a bare averments ..... can be deciphered. as aforesaid, the wife of the respondent no.1/plaintiff is stated to be a practising chartered accountant and the father-in-law of the respondent no.1/plaintiff is also stated to be a practising chartered accountant and there is no plea of any income tax return .....

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