Court : Mumbai
Reported in : AIR1926Bom381
..... .fawcett, j.3. i agree. i think the hindu disposition of property act, 1916, cannot apply to the present case. it contains no words making it in any way retrospective in its operation, unlike the provisions to that effect contained in section 2(2) of madras act i of 1911 and government of india act viii of 1921. on the contrary, the heading and preamble of the act show that it is ..... the time of the testator's death, the bequest to him is under the rule laid down since the tagore case void, and atmaram becomes sole residuary legatee. the hindu disposition of property act (xv of 1916) has no application to the will which came into effect on the testator's death in 1902. (after quoting the clauses of the will and the postscript as ..... intended only to remove existing disabilities in respect of the power of disposition of property by hindus, etc., and it is not put in such declaratory language as ..... the acts operating in madras. consequently section 2, in my opinion, only covers the case of a disposition made after the commencement of the .....Tag this Judgment!
Court : Mumbai
Reported in : 2007(5)ALLMR339; 2008(2)BomCR418
..... granted letters of administration with the will or with a copy of an authenticated copy of the will annexed.after hindu wills act, 1870, but before coming into force of indian succession act, 1925, on 28/9/1916, the hindu disposition of property act, 1916 (xv of 1916) was enacted which applied to whole of india except part b states and except the state of madras. ..... to various local governments and other competent european and indian gentlemen pointing out desirability of extension of said act and seeking their opinion. it appears that thereafter act no. xxi of 1870 i.e. 'the hindu wills act' was enacted. in commentary titled 'the hindu wills act', by mahendra chandra majumdar(pleader), 2nd edition revised by dwarka nath chakravarti and published by r. cambray ..... was noticed that practice of making wills was sufficiently established in bengal and in the towns of madras and bombay and hence said act was confined to these places only. preamble of the act states that it was thought expedient to provide rules for execution, attestation, revocation, revival, interpretation and probate of wills of hindus, jainas, sikhs and buddhists ..... question about constitutional validity or otherwise of provisions of section 57(a) and (b) needs to be answered. he has invited attention to provisions of section 213(1) of succession act to state that said provision is applicable to everybody and exclusion therefrom of certain wills executed by persons other than as mentioned in section 57(a) and (b .....Tag this Judgment!
Court : Mumbai
Reported in : (1926)28BOMLR431; 94Ind.Cas.704
..... time of the testator's death, the bequest to him is under the rule laid down since the tagore case void and atma ram becomes sole residuary legatee. the hindu disposition of property act xv of 1916 has no application to the will which came into effect on the testator's death in 1902,2. [his lordship after setting out the clauses of the will ..... act xv of 1916 which, unlike madras act i of 1914 by its section 2, is not retrospective. no son of babli was in existence at the time of the testator's death and the provisions in his favour therefore, entirely fail. babli, respondent no. 5, is entitled to rs. 2,500 in the postscript.fawcett, j.4. i agree. i think the hind a disposition of property act ..... it is intended only to remove existing disabilities in respect of the power of disposition of property by hindus & c., and it is not put in such declaratory language as ..... , 3916, cannot apply to the present case. it contains no words making it in any way retrospective in its operation, unlike the provisions to that effect contained in section 2(2) of madras act i of 1914 and government of india act viii of 1921. on the contrary, the heading and preamble of the act show that .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1979SC1880a; (1979)4SCC60; 1SCR161; 1979(11)LC646(SC)
..... status.32. once it is found that the division of the joint status preceded the execution of the deed, ex. 39, then the disposition made thereunder could only be a step towards the implementation of that division and in recognition of ramchandrarao's right to have his share, ..... the deed, ex. 39, falls into two distinct parts : the first of them comprises the preamble or the preliminary recital of a past fact. 'this part does not contain any term of disposition of property. such terms are confined only to the second part. section 92 prohibits only the varying of ..... theory of partition' :(a) permanency of the arrangement. the deed provides that ramachandrarao and his descendants in the male line shall enjoy the property from generation to generation without interference from the grantor.(b) cesser of commonsality. the deed says that ramachandrarao desired to live separately and therefore ..... was his separate property, his daughter the defendant would, even according to traditional hindu law, inherit his estate to the exclusion of the plaintiff-collaterals.(2) section 4 of the bombay act 60 of 1950 abolished watons with effect from may 1, 1951. section 5 of the same act abrogated the rule ..... v. rama subha aivan.  11 mia. 75, in effect, 'covers both a division of right and division of property.' reiterating the same position, in giria bai v. sadashiv  43 ia. 151, the judicial committee explained that division of the joint status, or partition implies ' separation in interest and .....Tag this Judgment!
Court : Mumbai
Reported in : 54ITR189(Bom)
..... arrived at by us. the court receiver would be entitled to claim exemption in respect of income of that portion of the property out of the 1/3rd share which is required for the purpose of giving effect to the dispositions made by the testator in sub-clauses (a) to (f) of clause 4 of the will. therefore, the answer to the second ..... , profits and gains, as the case may be, received by him or it, during the previous year relevant to the assessment year. the units of assessment are as follows : (1) individual, (2) hindu undivided family, (3) company, (4) local authority, (5) firm itself or the partners of the firm individually, (6) other association of persons or the members of the association individually ..... children during their respective minorities. in paragraph 3 he affirms the gifts made by him in his lifetime of all jewels, ornaments, trinkets, wearing apparels, etc., to his wife. the preamble to paragraph 4 provides : 'after paying and providing for my funeral expenses and the expenses of obtaining probate if probate is taken out and debts, if any ..... (3)(1) of the act. the exemption claimed was in respect of amounts rs. 57,512, rs. 57,113 and rs. 51,922 respectively in the assessment of the aforesaid three years. the income-tax officer held that certain dispositions in clause 4 of the will were in the nature of a private trust and, therefore, the trust in respect of 1/3rd property could .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 166ITR862(AP)
..... law required it to be reduced to the form of document, no evidence shall be given in proof of such contract, grant or other disposition of property or of such matter except the document itself or secondary evidence of its contents in cases in which secondary evidence is admissible. where the terms ..... of law that in revenue matters, when the authorities are called upon to construe the terms of a contractor of a grant or any disposition of property, the parties cannot be permitted to resale from the terms of the contract and introduce oral evidence in derogation of the terms thereof. where ..... of the contract or grant or any other disposition of the property or any matter, required by law to the reduced to the form of a document, have been proved according to section 91 of the evidence act, section 92 postulates the no evidence of any oral agreement or statement ..... initiated under the act as the income-tax office is not a court. but when we are called upon to consider the effect of a document, it is now well settled that when the terms of a contract, or of a grant, or of any other disposition of property have been reduced ..... hindu undivided family of the assessee. the preamble to the deed of settlement reads thus : 'whereas the settlor out of natural love and affection which he bears to the settle (assessee) is desirous of making a proviso to the settled by settling absolutely upon the settled a specified half share in the said property more fully described.....' clause (1 .....Tag this Judgment!
Court : Orissa
Reported in : AIR1955Ori73; 21(1955)CLT116
..... intestate which are provided for in the two sub-sections of section 3as i read the act, no such result was ever intended as the act itself in its preamble says that it was expedient to amend the hindu-law to give 'better rights' to women in respect of property. these rights of hindu women, in general were sought to be improved and the interpretation of the ..... . angurbala v. debabrata', air 1951 sc 293 (d). in that case, it was contended that the language of the section is wholly inappropriate if the act is applicable to properties in respect of which no testamentary disposition is possible. mukherjea j. (as he then was), delivering the judgment of the court observed as follows cat pp. 297, 298):'this argument, in our ..... 3 provides for two classes of property left by a hindu. sub-section (1) of that section deals with property over which a hindu has a power of disposition by a testament. such property, in the case of a dayabhaga hindu, is the share in the joint family property, and in the case of a mitakshara hindu is his self-acquired property. both these kinds of property are capable of being disposed ..... he cannot appoint a representative to succeed to his interest by a will or other dispositions. his interest, under the law, lapses by survivorship to the living coparceners, but the owner-ship of the property by the coparcener subsists and is left unaffected. the hindu women's rights to property act appoints a representative to represent the deceased by vesting his interest in his widow .....Tag this Judgment!
Court : Chennai
Reported in : AIR1968Mad61
..... arunachalam pillai. she contends that the estate which she has inherited from her husband on his death in these properties has, under the hindu succession act xxx of 1956, become enlarged into an absolute and heritable estate. schedules 1 and 2 to the plaint are the properties which were settled on her by her husband and she claims a life interest in the same. it ..... the event of the settlee having neither male nor female heirs. this is a pointer that the settlor may not be on the subject of disposition of his other properties then. the reference to the other properties can be read as reference to an event that will happen on the death of the settlor; matrum en sottukkaliyum--just means matrum en sottukkatippol--that ..... a testamentary document in relation to the remaining properties and a testamentary document in relation to the remaining properties of the settlor. the deed in question was executed by arunachalam pillai, a hindu vellala, residing at palayamkottai, tirunelveli dt, on 21-4-1927, as a marriage settlement on the eve of his third marriage. the preamble to the document sets out the circumstances under ..... his would be third wife and not generally provide for the devolution of all this properties. ex. a-1 sets out in the schedule the properties which are the subject of the settlement. the occasion for bringing up the instrument is set out in the preamble portion. on behalf of the plaintiff who was taken as third wife, her father had insisted on settlement .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1961P& H489
..... chapter contains only one section namely, section 30, which, as i read it merely preserves or retains the power of a hindu to dispose of by will or other testamentary disposition property, which is capable of being so disposed of by him, in accordance with the provisions of the indian. succession act or of any other prevailing law applicable to hindus. the explanation ..... to this section undoubtedly lays down that the interests of a male hindu in a mitakshara coparcenary property, shall, notwithstanding anything to the ..... stretch the words used by the legislature to fill in gaps or omissions. in this connection, it would not be out of place to mention that the hindu succession act, as its preamble shows, has been enacted by parliament primarily to amend and codify the law relating to intestate succession among hindus.it is, therefore, a little difficult to spell ..... out, by process of construction of the language, a legislative intent to do away with the existing limitations imposed by the punjab custom on a hindu male-holder in respect of testamentary disposition .....Tag this Judgment!
Court : Chennai
Reported in : AIR1933Mad659; 145Ind.Cas.300
..... that restraint, an interest not merely in the income but in the properties. what interest could that be, if that were not a heritable interest? i am asked to say that the words of disposition do not convey any interest in the property to somasundara but only the right to take the income for his ..... should become necessary to decide it, whether, in view of the recent decisions of the privy council, notably vellaiyappa chetti v. natarajan , when a sudra hindu executes a deed or a will using the word 'santhathi,' he must be understood as including the illegitimate as well as the legitimate offspring or heirs. ..... a gift and nothing else.7. a settlement in the english language has a technical sense under the settled land acts where more than one successive interest is carved out of ownership. i cannot think that a tamil merchant of cuddalore intended to mean that, but he meant only that speaking in a ..... the language of it. the material part, leaving out the preamble which recites the circumstances, is as follows:as you are helpless and because of affection as you are my son, i have made settlement 'gift' to you of the undermentioned properties. you are to enjoy its income during your lifetime and after ..... of a settlement dated 9th june 1904, by one muthuswamy chetty, who died in 1916, in favour of his son by the first wife somasundara chetty who died in 1922, whereby the father muthuswami chetti settled the said properties on somasundara chetti, the son, according to the terms of that deed ex. b .....Tag this Judgment!