Court : Chennai
Reported in : AIR1960Mad270
..... other daughters of the first plaintiff) were brought on record in i. a. no. 923 of 1952.(12) on these facts there can be no doubt that the conclusion of the learned district munsif is correct. pappachari died on 26-5-1928. the hindu inheritance (removal of disabilities) act of 1928 came into force on 20-9-1928 and it is not retrospective. therefore, on the date of death ..... family of the estate devolving on heirs outside the family or of escheat to the crown and therefore the ratio ilr 1946 mad 452 : air 1946 mad 287 is not applicable to the facts of this case; ilr 1942 mad 807 : air 1942 mad 693 is authority only to the proposition that a congenital idiot has the status of a coparcener ..... the nephew succeeded to the entire family estate on the death of the uncle and that a son born to the disqualified son could not divest the nephew to the extent of his share. in pawadewa v. venkatesh, ilr 32 bom 455, where a widow succeeded to her husband's estate in the presence of a disqualified son, it was held ..... puttuswami his heir was his widow viz., the third defendant and that therefore the deceased first plaintiff had not inherited the properties and that her mortgage in favour of the first defendant was without title.(4) hindu law recognises certain disqualifications as disabling a person from inheriting as the heir of another, the onus of proving which is upon the person alleging them, and these .....Tag this Judgment!
Court : Chennai
Reported in : AIR1973Mad36
..... and it is directly opposed to the provisions of the statute to which he was making a reference. section 2 of the hindu inheritance (removal of disabilities) act. 1928 (act xii of 1928) provides that notwithstanding any rule of hindu law or custom to the contrary, no person governed by the hindu law other than a person who is and has been from birth a lunatic or idiot shall be excluded ..... his own interest which allegations, however, the fifth defendant denied the appellant was not entitled to file the suit for partition claiming his share in the joint family properties. this application was allowed and an additional issue was framed by the trial judge as follows:"is the plaintiff's suit not maintainable as contended by the fifth defendant in his (?)-(her ..... persons. on the pleadings, the learned trial judge framed the necessary issues and as a matter of fact the next friend of the appellant was examined as p.w. 1. at that stage the fifth defendant in the suit came forward with an application to file an additional written statement raising a new plea. in the affidavit filed in support of this ..... the judgment, he states that in his opinion, from the description of the plaintiff in the plaint the plaintiff is a person who is a lunatic and he states further--"i am also of the opinion that not having been stated explicitly that the plaintiff is not a lunatic from birth it can be presumed that he is a lunatic from .....Tag this Judgment!
Court : Chennai
Reported in : AIR1961Mad345
..... set out in schedule a. this point appears to be concluded by act xviii of 1114 m. e. it is called the travancore hindu inheritance (removal of disabilities) act. the substantive section is section 4 which runs thus:-'notwithstanding any rule of hindu law or custom to the contrary, no person governed by hindu law shall be excluded from inheritance, or from, any right or share in joint family property by ..... so that she could knock away the properties of the lunatic plaintiff.the contention has got to be only stated to be rejected. the proviso to order 52 rule 3(1) read with rule 15 in the case of lunatics has reference to adverseness of interest regarding the subject-matter. it is nobody's case that the next friend would be ..... . sarangapani aiyangar during the course of his argument laid emphasis on an alleged difference between the law applicable to hindus generally and to nairs in particular. assuming that in certain respects nairs were governed by customary law and of course remembering that their system of inheritance is based upon descent in the female line, we do not see how this circumstance helps ..... further than the indian enacment because even congenital lunacy or idiocy is not a ground for exclusion from inheritance. our attention was drawn to an observation in the recent decision of the supreme court in muthammal v. s. sevastanam, : 2scr729 , that act xii of 1928 was not retrospective. we fail to see in the present case any scope for retrospective operation because .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1965SC1349
..... the defect is incurable, is one such. however, by statute--the hindu inheritance (removal of disabilities) act, 1928 (central act xii of 1928) --this was altered for its section 2 enacted :'notwithstanding any rule of hindu law or custom to the contrary, no person governed by hindu law, other than a person who is and has been from birth ..... the widow and daughter of puttuswami were declared entitled to maintenance out of the properties and were granted a charge for the same. an application made to him under clause 15 of the letters patent for leave to appeal from his judgment was dismissed. this court, however, on ..... to that right. the learned judges concurred in this view, though the appeal itself was remanded for investigating the plea of an acquisition of title by prescription by subbayya and his widow which had been raised by the plaintiff. this case, however, might not directly bear upon the ..... passage from foulkes translation, already extracted earlier. he further observed :'the word 'share-taker' is here obviously used in contrast with 'share-enjoyer' i.e., they are not share-enjoyers because they are excluded from participation. but as the commentator says, a share undoubtedly does exist.'after considering ..... appeal is now before us.5. shortly stated, the question raised for consideration is this. what are the rights of a disqualified heir under the hindu law it is common ground that a person who is born deaf and dumb is disqualified from inheriting and puttuswami was one such. it .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1960SC601; 1973LabIC1234; (1960)IIMLJ64(SC); 2SCR729; SuppSCR121
..... . (1884) cal. 639 deo kishen v. budh prakash i.l.r. (1883) all. 509 and other decisions have clearly held the contrary. in two cases before the privy council it was assumed that madness need not be congenital. it may also be noted that when the legislature passed the hindu inheritance (removal of disabilities) act xii of 1928 making the change to madness from birth as a ..... the word of d.w. 2. the claimants, who are stated to have given a share to ramasami pillai, have not been examined. the high court also noticed that no application for transfer of the pattas was made. in view of these circumstances which are all correct, the appellant cannot be said to have successfully established the family arrangement, and we ..... some amicable arrangement between us. 6. in view of the ninth defendant's contentions in the suit and in view of the fact that i have not prayed in this suit for a declaration of my title to the suit properties as against him, i am advised that i should withdraw the present suit for partition with liberty to institute a fresh suit as ..... appeal. 12. the argument shortly is this : the text of manu (ix, 201) mentions many causes of exclusion from inheritance, some of which like blindness, muteness, idiocy and lameness, it is settled, must be congenital to exclude a person from inheritance. it is argued that the collocation of the words in the text suggests that insanity like these other disabilities must also be congenital .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1962Kant18; AIR1962Mys18
..... is whether the ancient hindu law on this point was amended by section 2 of the hindu inheritance (removal of disabilities) act xii of 1928 which shall be hereinafter called 'the act'. the act in question specifically says that it is an amending act. the preamble to that act reads : 'whereas, it is expedient to amend the hindu law relating to exclusion ..... is clear that the first defendant had no other source of income excepting the income realised from the family properties. on taking into consideration the extent of the family properties and their probable income, we are satisfied that the family income was sufficient to make the acquisitions in question. agreeing ..... family did not possess any property what so ever and all the properties inherited by him from his deceased brother ramappa. this contention is proved to be wholly false.as early as 15-8-1898, the 1 statement defendant and his two brothers ramappa and narasappa executed the mortgage deed ..... incapable of taking care of himself or of managing his own properties. her evidence is corroborated by the testimony of p.ws. 1 and 5. p.ws. 1 and 5 appear to be disinterested witnesses.their evidence has commended itself to the trial court and we are also impressed with the ..... was instituted by his wife as his next friend.(2) in the court below, the suit was resisted mainly on two grounds: they are : (1) the plaintiff is not a person of unsound mind and as such the suit as instituted is not maintainable and (2) that all the properties .....Tag this Judgment!
Court : Chennai
Reported in : AIR1946Mad287; (1946)1MLJ259
..... letters patent which has entitled the plaintiff to prefer the present appeal.4. section 2 of the hindu inheritance (removal of disabilities) act provides that notwithstanding any rule of hindu law or custom to the contrary, no person governed by the hindu law, other than a person who is and has been from birth a lunatic ..... by reason of survivorship, entitled to enjoy the family estate and was of the opinion that the provisions of the hindu inheritance (removal of disabilities) act, 1928, precluded the plaintiff from recovering the property from the first and second defendants. the question whether the plaintiff could ..... happens to be the surviving member of the family. if he is not competent to manage the estate, the court can appoint a guardian. i respectfully agree with the statement in mool chand v. chahta devi 2, that when a. disqualified member becomes the sole surviving member of ..... pavanasa nadar : air1923mad215 in itself indicates the acceptance of the opinion expressed in muthuswami gurukkal v. meenammal (1919) 38 m.l.j. 291 : i.l.r. 43 mad.464 that on the death of the other members of the family, the disqualified member becomes entitled to the estate by ..... whole estate by reason of survivorship.7. the judgments in pudiava nadar v. pavanasa nadar : air1923mad215 are in conflict with those delivered in krishna v. sami i.l.r. (1885) mad. 64 and muthuswami gurukkal v. meenammal : air1942mad693 . in pudiava nadar v. pavanasa nadar : air1923mad215 the plaintiff had separated .....Tag this Judgment!
Court : Patna
..... or a congenital idiot was debarred from inheritence amd such disqualifying the heirs are enumerated under art. 98 of mullan's hindu law. but the hindu inheritance (removal of disabilities) act, 1928, no person, other than a person who is and has beenfrom birth a lunatic or idiot, is excluded from inheritance. by birth idiot means the person is ..... the present form even if taken for granted that the plaintiffs have acquired some right over the suit property by way of purchase to the extent of the share of mosst. andhiya excluding the area which had already been sold from the half share of shambu in the suit plot by ..... bench of this court vide order dated 4-12-1982, had formulated the following substantial questions of law as contemplated under section 100 of the code of civil procedure. i. whether the judgment and decree of the lower appellate court arc vitiated as it did not take into consideration the reasonings ..... after-wards ejatnama executed by the daughter and sons of the daughter along with mostt. andhiya in favour of batuk kuer, had perfected the title of batuk kuer and hence the plaintiffs have got it through batuk kuer and they have got right to redeem the mortgaged property and hence ..... over the whole of the property left by bhikhar and shambhu. the said judgment and decree have been appealed against by the defendant-respondents in title appeal no. 203 of 1967 and the appellate court reversed the finding of the original court. 6. the original court held while decreeing the .....Tag this Judgment!
Court : Chennai
Reported in : AIR1951Mad954; (1951)IIMLJ314
..... in such cases. i refer to these matters to show that the act is not exhaustive oc self-contained, and must be fitted into the context of the existing hindu law except to the extent forbidden by its plain terms. the hindu law as to the grounds of axclusion from inheritance has been considerably modified by hindu inheritance (removal of disabilities) act, 1928. but even after this act congential idiocy or lunacy ..... separate property and the surviving coparceners exclude the widow in respect of joint family property that are contrary to the provisions of section 3; and section 2 declares that notwithstanding these rules of hindu law, the provisions of section 3 shall apply.8. i have, therefore, come to the conclusion that we are not obliged to hold that the effect of the enactment is ..... that a violation of that condition would involve a forfeiture of the right. but european writers like colebrooke and english judges who had to administer the hindu law, in their concern for ensuring certainty of titles to property and their leanings against adivestiture of estates once vested, declared the law to be that a sonless widow who was chaste at the ..... v. bank of india ltd,, i. l. r. (1938) bom. 502 , the judicial committee observed, 'a statute is prima facie to be considered as changing the law to no greater extent than its words or necessary intendment require.' in maxwell on interpretation of statutes, 9th edn.at pages 85 and 86 the rule of construction applicable to cases like the present is .....Tag this Judgment!
Court : Chennai
Reported in : (1972)2MLJ341
..... opposed to the provisions, of the statute to which he was making a reference. section 2 of the hindu inheritance (removal of disabilities) act (xii of 1928) provides that notwithstanding any rule of hindu law or custom to the contrary, no person governed by the hindu law, other than a person who is and has been from birth a lunatic ..... however, the fifth defendant denied, the appellant was not entitled to file the suit for partition in claiming his share in the joint family properties. this application was allowed and an additional issue was framed by the trial judge as follows:is the plaintiff's suit not maintainable as contended by the fifth defendant ..... framed the necessary issues and as a matter of fact the next friend of the appellant was examined as p.w. 1. at that stage, the fifth defendant in the suit came forward with an application to file an additional written statement raising a new plea. in the affidavit filed in support of this ..... mr. sarangapani aiyangar referred to certain observations in ratneswari nandan v. bhagwati saran 1949 f.c.r. 715 : 1950 s.c.j. 514 : a.i.r. 1950 f.c. 142. it is unnecessary to deal with this decision because there is nothing in it or in the observation therein which h-as ..... to the joint family effected by the first defendant are null and void and not binding upon him and for partition-and separate possession of his 1/3rd share in all items of the properties except arable lands and one half share in arable lands. the case of the plaintiff was that .....Tag this Judgment!