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Judgment Search Results Home > Cases Phrase: hindu disposition of property act Page 8 of about 20,979 results (0.147 seconds)

Jul 14 2006 (HC)

L.R. of Mishrimal Vs. L.Rs. of Sukh Lal and ors.

Court : Rajasthan

Reported in : RLW2006(4)Raj2890

..... , that a bare reading of this section shows, that even thereunder, making bf the will is taken to be an act of disposal of the property of the testator, and all that is provided is, that a hindu may dispose of, by will or other testamentary disposition, any property capable of being so disposed of by him, in accordance with the provisions of indian succession ..... the expression 'heir' is defined in section 3(f) of the hindu succession act, to mean, the person entitled to succeed the property of intestate, under the act, and submitted, that on the face of the statutory definition, person receiving under testamentary document cannot be said to be heir, rather even testamentary disposition is a nature of assignment, which is rather prohibited by section 13 ..... act, 1925, or any other law for the time being in force, and applicable to hindus. thus, even by language of section 30, it does not ..... succession act is concerned, again a distinction is to be drawn between the 'successor' and the 'heir'. section 30 though bears the title of testamentary successor, but then it does not even purport to make the legatee an heir, inasmuch as, what section 30 provides is to confer a right to any hindu to dispose of by will or other testamentary disposition, any property .....

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Jun 20 2014 (HC)

Burugupalli Seshara Vs. 1.Sirigina Ramalakshmi and Other

Court : Andhra Pradesh

..... ) where the dispossession or alienation including any partition had taken place before 20-12-2004; and (2) where testamentary disposition of property has taken place before 20-12-2004. it also considered the question whether, by virtue of 2005 amendment to the hindu succession act, a preliminary decree passed by the trial court prior thereto can be amended giving benefits of the 2005 amendment ..... ownership and shall be regarded, notwithstanding anything contained in this act or any other law for the time being in force in, as property capable of being disposed of by her by testamentary disposition. (3) where a hindu dies after the commencement of the hindu succession (amendment) act, 2005, his interest in the property of a joint hindu family governed by the mitakshara law, shall devolve by testamentary ..... or intestate succession, as the case may be, under this act and not by survivorship, and the coparceners property shall be deemed to have been divided .....

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Sep 07 2015 (HC)

Lokamani and Others Vs. Mahadevamma and Others

Court : Karnataka

..... 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 testamentary disposition. (3) where a hindu dies after the commencement of the hindu succession (amendment) act, 2005, his interest in the property of a joint hindu family governed by the mitakshara law, shall devolve by testamentary ..... or intestate succession, as the case may be under this act and not by survivorship, and the coparcenary property shall be deemed to have been divided ..... . 3: 39. the proviso to sub-section (1) of section 6 of the hindu succession act after conferring the status of a co-parcener on a daughter, categorically provides that nothing contained in sub-section (1) shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of december, 2004. 40. the .....

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Oct 16 2015 (SC)

Prakash and Ors. Vs. Phulavati and Ors.

Court : Supreme Court of India

..... from the |property of a joint hindu family| |coparcenary before the |governed by the mitakshara law, | |death ..... , as the case may|alienation including any | |be, under this act and not |partition or testamentary | |by survivorship. |disposition of property which | |explanation i: for the |had taken place before the 20th | |purposes of this section, |day of december, 2004. | |the interest of a hindu |(2) any property to which a | |mitakshara coparcener shall|female hindu becomes entitled by| |be deemed to be the share |virtue ..... time being in | |whether he was entitled to |force, as property capable of | |claim partition or not. |being disposed of by her by | |explanation 2: nothing |testamentary disposition. | |contained in the proviso to|(3) where a hindu dies after the| |this section shall be |commencement of the hindu | |construed as enabling a |succession (amendment) act, | |person who has separated |2005, his interest in the | |himself .....

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May 19 1995 (HC)

Babru Son of Chet Ram Vs. Basakha Singh and ors.

Court : Punjab and Haryana

Reported in : (1995)111PLR177

..... at the time of his death, an interest in a mitakshara co-parcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the co-parcenary and not in accordance with this act. indicates that any hindu may dispose of by will or other customentary disposition, any property which solely belongs to him and is not ancestral in nature, once the ..... interest in favour of any surviving member of the co-parcenary by testamentary disposition unless the property so bequeathed is self-created by a male hindu of has fallen to his ownership irrespective to succession as a member of the joint hindu family as laid down in section 6 of the succession act.9. in the same manner in kaur singh v. jaggar singh,3 ..... said property has devolved upon him from an ancestor, he could not, in any manner, dispose of that property by way of a testamentary disposition for his interest in the said ..... ram did not die as an intestate in respect of the property bequeathed by him as he had made a testamentary disposition capable of taking effect under law by virtue of which the property in question devolved upon the defendant no. 1 as an owner.7. no doubt section 4 of the hindu succession act does away with the rule of custom relating to the .....

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Jul 02 2007 (HC)

Shri Brij NaraIn Aggarwal Vs. Sh. Anup Kumar Goyal and ors.

Court : Delhi

Reported in : AIR2007Delhi254; 2007(97)DRJ433

..... ownership and shall be regarded, notwithstanding anything contained in this act or any other law for the time being in force in, as property capable of being disposed of by her by testamentary disposition.(3) where a hindu dies after the commencement of the hindu succession (amendment) act, 2005, his interest in the property of a joint hindu family governed by the mitakshara law, shall devolve by testamentary ..... or intestate succession, as the case may be, under this act and not by survivorship, and the coparcenary property shall be deemed to have been divided ..... , of which mrs. mithlesh aggarwal could have been a coparcener, at the time hindu succession (amendment) act came into force. same is the tenor of other provisions of section 6. it is provided that if disposition or alienation has been done by the huf including any partition or testamentary disposition of property before 20.12.2004, the sub section shall not invalidate the same. sub .....

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Apr 07 1982 (HC)

S.V. Sundaresann Vs. Assistant Controller of Estate Duty

Court : Chennai

Reported in : [1983]144ITR916(Mad)

..... . 17. mr. srinivasan, then contended that under s. 30 of the hindu succession act it will be open to e coparcenary to execute a gift of his undivided interest in the coparcenary property. section 30 of the hindu succession act reads as follows : 'any hindu may dispose of by will or the testamentary disposition any property, which is capable of being so disposed of by him, in accordance ..... with the provision of the indian succession act, 1925 (39 of 1925), or any other law for the time ..... being in force and applicable to hindus. explanation - the interest of a male hindu in a mitakshara coparcenary property or the interest of a members .....

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Feb 28 2008 (HC)

Ram Belas Singh Vs. Uttamraj Singh and ors.

Court : Patna

..... 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 family governed by the mitakshara law, the daughter ..... 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 (maharashtra amendment) act, 1994;(v) nothing in clause (ii) shall apply to a partition which has been effected before ..... 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 or any other law for the time being .....

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Mar 10 2008 (HC)

Jayaram Govind Bhalerao (The Legal Representative of the Deceased Sita ...

Court : Mumbai

Reported in : AIR2008Bom151; 2008(3)ALLMR302; 2008(3)BomCR585; 2008(4)MhLj58

..... the applicant holding that sitabai could not bequeath her interest in the joint family property by a will in view of the above referred two authorities. as their lordships were concerned with the disposition of property by a will executed prior to the enactment of the hindu succession act, 1956 those authorities could not have been made applicable to the facts of ..... he rightly pointed out that section 30 of the hindu succession act has made important departure from the legal position as it prevailed prior to the enactment of the hindu succession act, 1956. section 30 of the said act reads as follows:30. testamentary succession - any hindu may dispose of by will or other testamentary disposition any property, which is capable of being so disposed of ..... by him, in accordance with the provisions of the indian succession act 1925 (39 of 1925), or any other ..... restrictions on the disposition of undivided coparcenary interest by coparcener or by a widow by will under the mitakshra school of law, in view of the drastic change brought in by section 30 and particularly explanation to section 30 of the hindu succession act, the interest of a male hindu in a mitakshara coparcenary property shall be deemed to be property capable of .....

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Mar 13 2001 (HC)

N. Ramaiah Vs. Nagaraj S. and Another

Court : Karnataka

Reported in : AIR2001Kant395; ILR2001KAR3466; 2001(4)KarLJ12

..... we will now deal with the contention of the respondent based on section 30 of the hindu succession act, 1956 read with section 59 of the indian succession act, 1925. section 30 of the hindu succession act, 1956 provides that any hindu may dispose of by will or other testamentary disposition, any property, which is capable of being so disposed of by him, in accordance with the provisions ..... woman (who is of sound mind, not being a minor), may dispose of by will, any property which she could alienate by her own act during her life. section 30 of the hindusuccession act, 1956 provides that any hindu may dispose of by will or other testamentary disposition, any property, which is capable of being so disposed of by him in accordance with the provisions of ..... of an indian succession act, 1925 or any other law for the time being in force and applicable ..... the indian succession act, 1925 or any other law for the time being in force and applicable .....

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