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Judgment Search Results Home > Cases Phrase: hindu adoptions and maintenance act 1956 section 27 maintenance when to be a charge Page 3 of about 2,395 results (0.297 seconds)

Feb 21 2014 (HC)

Prem Chand Vs. Ram Nath Deceased Through Lrs.

Court : Delhi

..... . she is entitled to realise maintenance from property of her husband and even in the hands of strangers except the bona fide purchaser for value whether notice of her right. she is equally entitled under section 37 of the transfer of property act to have charge created over the ..... maintenance under the hindu adoption and maintenance act when the property was given to her for maintenance. it must be in lieu of her pre-existing right to maintenance and the property given under the will, therefore, must be construed to have been acquired by the legatee under the will in lieu of her right to maintenance. that right to maintenance to a hindu female received statutory recognition under the hindu adoption and maintenance act, 1956 ..... the colour of pre-existing restrictive estate possession by a hindu female, the operation of subsection (1) of section 14 read with explanation 1, remove the fetters and the limited right blossoms into an absolute right.27. as held by this court, if the acquisition of the property attracts sub-section (1) of section 14, sub-section (2) does not come into play. if the acquisition .....

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Aug 03 2016 (HC)

Reena Jain and Another Vs. Rajiv Kumar Saxena

Court : Delhi

..... . she is entitled to realise maintenance from property of her husband and even in the hands of strangers except the bona fide purchaser for value whether notice of her right. she is equally entitled under section 37 of the transfer of property act to have charge ..... maintenance under the hindu adoption and maintenance act when the property was given to her for maintenance. it must be in lieu of her pre-existing right to maintenance and the property given under the will, therefore, must be construed to have been acquired by the legatee under the will in lieu of her right to maintenance. that right to maintenance to a hindu female received statutory recognition under the hindu adoption and maintenance act, 1956 ..... 1) of section 14, sub-section (2) does not come into play. if the acquisition is for the first time, without any vestige of ..... a restrictive estate, which received the colour of pre-existing restrictive estate possession by a hindu female, the operation of sub-section (1) of section 14 read with explanation 1, remove the fetters and the limited right blossoms into an absolute right. 27. as held by this court, if the acquisition of the property attracts subsection ( .....

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Jul 07 2014 (HC)

Smt. Darshan Vs. Shri Raj Kumar and Others

Court : Delhi

..... . she is entitled to realise maintenance from property of her husband and even in the hands of strangers except the bona fide purchaser for value whether notice of her right. she is equally entitled under section 37 of the transfer of property act to have charge ..... maintenance under the hindu adoption and maintenance act when the property was given to her for maintenance. it must be in lieu of her pre-existing right to maintenance and the property given under the will, therefore, must be construed to have been acquired by the legatee under the will in lieu of her right to maintenance. that right to maintenance to a hindu female received statutory recognition under the hindu adoption and maintenance act, 1956 ..... pre-existing restrictive estate possession by a hindu female, the operation of sub-section (1) of section 14 read with explanation 1, remove the fetters and the limited right blossoms into an absolute right.27. as held by this court, if the acquisition of the property attracts sub-section (1) of section 14, sub-section (2) does not come into play ..... herein (petitioner in trial court or other sons who support the will) inasmuch as sh. raj kumar/petitioner/respondent no.1 in his cross-examination dated 27.10.1999 admitted that he had never seen his father writing and reading and that he cannot recognize all the signatures of sh. amolak ram as he .....

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Jul 15 2016 (HC)

Amruta Kaluji Shejul, Since dead, through his LRs. and Others Vs. Vith ...

Court : Mumbai Nagpur

..... decree for maintenance, that would only create a charge over the property. the obligation so created for the first time, shall not convert the limited or restricted right into one of absolute ownership under sub-section (1) of section 14 of the hindu succession act, 1956. 27. under sub-section (1) of section 22 of the said act, the obligation ..... in various spheres. it was at this juncture that the parliament stepped in and enacted various statutes like the hindu marriage act, 1956. the hindu adoption and maintenance act, 1956, and the hindu succession act, 1956 providing for intestate succession. 21. though there is no reference to the aforesaid decision by the apex court in ..... supposed to be in the knowledge on the nature of property in the hands of laxmibai and the source of her income. section 106 of the evidence act states that when any fact is specially within the knowledge of any person, the burden of proving that fact is upon him. order xi, ..... of achuthan nair v. chinnammu amma and others, reported in air 1966 sc 411, it has been held in para 7 that under hindu law, when a property stands in the name of a member of a joint family, it is incumbent upon those asserting that it is a joint ..... court may deliver interrogatories in writing for the examination of the opposite parties or any one or more of such parties, and such interrogatories when delivered shall have a note at the foot thereof stating which of such interrogatories each of such persons is required to answer: provided that .....

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Nov 21 1975 (HC)

Alluri Bala Satya Krishna Kumari and anr. Vs. Alluri Varalakshmi and o ...

Court : Andhra Pradesh

Reported in : AIR1976AP365

..... by section 20 of hindu adoptions and maintenance act and that once that right is established a charge can be created against the properties covered by such gratuitous transfers. the learned counsel has taken me through the law before and after the act 78 of 1956. according to him the liability to pay maintenance is not only a personal one, but also a property liability even under the new act ..... a transferee with notice of the right of maintenance or a gratuitous transferee takes the property subject to the claim for maintenance by virtue of section 39 of the transfer of property act. though the right of the wife to separate maintenance does not form a charge upon her husband's property, ancestral or self-acquired, yet, when it becomes necessary to enforce or preserve such a ..... son of a deceased person, male or female, shall be a dependent. section 22 deals with the maintenance of the dependents and section 23 with the principles for the determination of the quantum of maintenance under this act. section 27 runs as follows:'a dependent's claim for maintenance under this act shall not be a charge on the estate of the deceased or any portion thereof, unless one has ..... equal fore even under the law as it exists today under the act. if in the case of a wife she can enforce the right by resort to section 39 of the t.p. act, there is no reason why the illegitimate children cannot resort to section 39 of the t.p. act when the law imposes an obligation on the putative father to maintain them .....

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Jun 01 2015 (HC)

K. Narasinga Vs. K. Neeraja @ Raji

Court : Andhra Pradesh

..... that the interpretation placed on the provisions of the hindu marriage act or the hindu adoptions and maintenance act cannot be applied in interpreting the provisions of the special marriages act, 1954, this court should rely on section 40 of the pars.marriage and divorce act, 1936 in interpreting section 25 of the hindu marriage act, 1955, and create a charge on the retiral benefits of the respondent, even though ..... . we make it clear that this order does not preclude kumari k. navya, the daughter of the petitioner and the respondent, from claiming maintenance, education and marriage expenses under the hindu adoption and maintenance act, 1956 (hereinafter called the 1956 act) by instituting appropriate legal proceedings. with regards her claim of permanent alimony of rs.25,00,000/-, it is the petitioners case that she ..... to take the loans to meet his legal expenses is not supported by any documentary evidence of the amounts paid by him as legal fees, and to whom and when. in the absence of any evidence being produced in this regard, we see no reason to accept his submission of being deep in debt only because of his ..... terminated, by a decree for divorce under the hindu marriage act, the rights of the divorced wife seem to be cribbed, confined and cabined by the provisions of the hindu marriage act and to the rights available under sections 25 and 27 of the act. (kirtikant d. vadodaria v. state of gujarat ).section 25 of the act confers power on the court to secure payment of .....

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Mar 31 1984 (TRI)

income-tax Officer Vs. Devatha Papaiah

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1984)9ITD600(Hyd.)

..... of the hindu succession act, 1956, she is not entitled to separate maintenance after the death of the deceased under section 22(2) of the hindu adoption and maintenance act. it is also held that the widow had no choate or clear right against any specific property of the deceased when he was alive and the nature of her right of maintenance is only personal in character. the learned ..... obsolete and the whole right of maintenance available to a hindu wife and unmarried daughters was codified under the hindu adoptions and maintenance act, 1956, according to the provisions of which, the maintenance right is personal right which can be enforced against the husband and it is within the discretion of the court passing the decree for maintenance to make the claim a charge upon the property. so, ..... ito passed his reopened assessment on 27-2-1982 for the assessment years 1973-74 and 1974-75.4. the assessee took the matters in appeal. it was contended that completing the assessment in the status ..... the ito he relies upon the special bench decision of this tribunal in premchand chaganlal v. ito [1981] 7 taxman 171 (hyd.) [since reported in [1982] 1 sot 27 (hyd.)] where the special bench of this tribunal categorically stated that the income from property received by the assessee in partition was assessable in the status of individual. thus, the .....

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Jun 23 1986 (HC)

G. Shenbagammal Vs. Controller of Estate Duty

Court : Chennai

Reported in : (1986)55CTR(Mad)368; [1986]162ITR445(Mad)

..... creation of a charge over any property of the husband and it cannot, therefore, be said that what passed on the death of the deceased was the property less the right of maintenance.5. we may also consider this question with reference to the provisions of the hindu adoptions and maintenance act (78 of 1956) (hereinafter referred to as "the act"). under section 4 of the act which came into ..... estate of the deceased or any portion thereof, unless it had been created by the will of the deceased or by a decree of court or by an agreement between the dependent and the owner of the estate. statutorily, by section 22 ..... to an end. viewed thus, the personal obligation of the husband to maintain his wife terminates on his death and one moment after the death of the husband, when property passes, the right of maintenance of the wife cast on the husband during his lifetime, ceases to exist and there is, therefore, no question of the property of the deceased passing subject ..... of the act. section 19(1) of the act provides for the maintenance of a hindu wife by her husband during her life time. on the death of her husband, she become a "dependant" under section 21(iii) of the act, so long as she does not remarry. under section 27 of the act, it is provided that a dependant's claim for maintenance under the act shall not be charge on the .....

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Sep 05 1967 (HC)

Smt. Gouri Gupta Chaudhury Vs. Tarani Gupta Chaudhury

Court : Kolkata

Reported in : AIR1968Cal305

..... payment of interim maintenance under the hindu adoptions and maintenance act of 1956 when in respect of similar other statutes there are such provisions, is, that this hindu adoptions and maintenance act of 1956 deals with cases of maintenance where the marriage subsists and consequently the obligation of the husband to maintain remains all throughout and as such the court by virtue of the said section 18 of the said act of 1956 has power to ..... other statutes viz. the indian divorce act of 1869. the hindu marriage act of 1955 and the special marriage act of 1956. 2. in the suit filed herein the wife has claimed rs. 800/- per month for maintenance and residence. she has also claimed maintenance and education expenses of her daughter tapati. she has also prayed for a declaration of charge on the immovable properties for the due ..... giving directions in the manner as indicated hereafter. 27. there is another point which has yet to be decided. mr. gupta points out that in the plaint filed herein the plaintiff has claimed a charge on the defendant's house at dum dum as also on the garden house at garia, for payment of maintenance and for residence. the said properties are admittedly .....

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Feb 10 1967 (HC)

Kiran Bala Saha Vs. Bankim Chandra Saha

Court : Kolkata

Reported in : AIR1967Cal603

..... the circumstances, upon which i am founding my decree, all he has to do is to move this court under section 25 of the hindu adoptions and maintenance act 78 of 1956 for alteration of the amount of maintenance fixed by my decree.30. on the second issue, which i now take up, all i see is oath versus ..... on behalf of the defendant, though at a flat rate throughput--from october 20. 1952 to 1964's end.28. kiran bala claims maintenance from october 20. 1952, since when she has been living separately. bankim chandra puts the date of such separate living as november 20. 1952: q. 110 t prefer his ..... come to, under this ingredient, is that seven persons, excluding the aunt and bankim chandra himself, are entitled to maintenance from him under this act. i shall remember this--as indeed it is worth remembering--when i assess the reasonable wants of kiran bala in terms of money, in all circumstances here, as i proceed ..... 33. on the third issue--the general one on reliefs--i am asked, on behalf of kiran bala, to create a charge, of the maintenance grant, on the estate of bankim chandra. sec-tion 27 no doubt provides so. but no such relief kiran bala has prayed the court for. it will, therefore, be not ..... mulct bankim chandra in a decree for rs. 4,000 the purported value of the ornaments), denial by bankim chandra as early as february 13, 1951, when he wrots to kiranbala's attorney mandalal saha, now dead, (as deposed to by solicitor sham sundar bose, a witness for the defendant,) characterising this .....

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