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Judgment Search Results Home > Cases Phrase: hindu disposition of property act Page 8 of about 20,616 results (0.097 seconds)

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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Sep 08 2006 (SC)

Sadhu Singh Vs. Gurdwara Sahib Narike and ors.

Court : Supreme Court of India

Reported in : AIR2006SC3282; 2007(1)ALT12(SC); 2006(4)AWC3865(SC); 2006(4)CTC773; JT2006(8)SC525; (2007)1MLJ25(SC); 2007(1)OLR(SC)18; 2006(9)SCALE83; (2006)8SCC75

..... which she had a pre-existing right at least to maintenance, a situation covered by section 14(1) of the hindu succession act, if his separate property is disposed of by a hindu male by way of testamentary disposition, placing a restriction on the right given to the widow, the question whether section 14(2) would not be attracted, was not considered at all by ..... was taken by her absolutely and she was competent to deal with the property. it was pleaded that in any event, section 14(1) of the hindu succession act entitled her to deal with the property as an absolute owner. the appellant countered that isher kaur having taken the property under the disposition of her husband, was bound by its terms and she had only a ..... life estate and no competence to donate the property. it was a case to which section 14(2) of the hindu succession act applied and the limitation on rights imposed by the will was binding on ..... in the case of a succession under the act. invocation of section 14(1) of the act in the case of a testamentary disposition taking effect after the act, would make sections 30 and 14(2) redundant or otios. it will also make redundant, the expression 'property possessed by a female hindu' occurring in section 14(1) of the act. an interpretation that leads to such a .....

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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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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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Apr 11 1997 (HC)

Sanagavarapu Venkata Subbaiah Sarma Vs. Karuthota Galib Saheb and ors.

Court : Andhra Pradesh

Reported in : 1997(4)ALT274

..... from being disintegrated. the rigour of this rule against alienation by gift has been to some extent relaxed by the hindu succession act, 1956. section 30 of the act permits the disposition by way of will of a male hindu in a mitakshara coparcenary property.'46. the learned counsel mr. c. poornaiah also relied upon a ruling reported in dwarampudi nagaratnamba v. kunuku ramayya and anr ..... court in which it was held as follows:'section 30 of the hindu succession act provides for testamentary succession saying that a hindu may dispose of his property by way of testamentary disposition and explanation to the section clarifies that the interest of male hindu and mitakshara coparcenary property is, notwithstanding anything contained in the act or any other law for time being in force, to be deemed ..... to be property capable of being disposed of by him within the meaning of the .....

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May 04 1965 (HC)

Joginder Singh Kundha Singh Vs. Kehar Singh Dasaundha Singh and anr.

Court : Punjab and Haryana

Reported in : AIR1965P& H407

..... concerned no corresponding provision has been made either enlarging their estate in the ancestral property or enlarging their powers of alienation over the property inherited by them. section 30 of the hindu succession act however provides as follows:--'30. 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 ..... provision of the indian succession act 1925 (39 of 1925) or any other law for ..... coparcenary property or the interest of a ..... the item being in force and applicable to hindus. explanation.--the interest of a male hindu in a mitakshara .....

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Mar 26 2008 (HC)

Smt. Rathnamma W/O Late Chikkanna and ors. Vs. Sri. K.V. Hanumantha Re ...

Court : Karnataka

Reported in : 2009(1)AIRKarR417; AIR2009NOC1060.

..... 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 ..... and the coparcenary property shall be deemed to have ..... by testamentary or intestate succession, as the case may be, under this act and not by survivorship, ..... law for the time being in force, as property capable of being disposed of by her by will or other testamentary disposition;(d) nothing in clause (b) shall apply to a daughter married prior to or to a partition which had been effected before the commencement of hindu succession (karnataka amendment) act, 1990.6b. interest to devolve by survivorship on .....

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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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