Court : Mumbai
Reported in : (1915)17BOMLR799
..... perry.[n.b. the evidence seems to have been taken down wrongly here, as it is contradictory on the face of it.]hindu law is applied to us in all questions concerning property. sir erskine perry made it hindu law-hindu law-hindu law. i should not have said so before my nephew brought a suit against me.119. in re-examination :before the decision of ..... the fund upon which they all lived. living under such conditions they would naturally find no difficulty in believing that they were still regulated by the principles of the hindu law of the joint family which would seem to be peculiarly appropriate. nevertheless, inasmuch as they have not only retained but accentuated and heightened their religious divergence from their original ..... conversion and immediately thereafter they had never completely and intelligibly freed themselves. that this was done by deliberate act of volition i gravely doubt. to whatever extent the old hindu law of the joint family regained currency and application amongst the cutchi memons, it must be attributed, i should prefer to think, rather to unconscious reabsorption under pressure of the ..... from it now can hardly be altogether dissociated from the profoundly religious sentiment which forms the basis of and interpenetrates the whole of the systems of the mahomedan and the hindu law respectively. in this connection another point also arises. assuming that the cutchi memons have adopted and proved the custom of making wills at present of their whole property, .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1953Kant92; AIR1953Mys92; ILR1953KAR357
..... has already been shown how the adoptive ceremony itself makes it clear that it has no retrospective effect. it is, however, necessary to state that hindu law abhors extinction of a family ^^iztkrrqa ek o;opnsplh%** 'do not break the line of progeny' is the injunction given in taittareya upanishad to ..... before adoption. this was an attempt made in the high courts of india to construe the privy council decisions as consistent with the true principle of hindu law which does not contemplate adoptions divesting estates already vested. it is rather unfortunate that a later decision of the privy council in -- 'anant bhikkepa v ..... adoption by the widow of a son-less man : see in this connection -- 'surya-narayana v. venkataramana', 29 mad. 382 (i). the hindu law itself sets no limit to the exercise of the power during the lifetime of the donee, and the validity of successive adoptions in continuance of the line ..... funeral offerings of him who gives (his son in adoption) cease (as far as that son is concerned).' 13. a very important feature of hindu law of adoption that is stated to have been overlooked in the two decisions overruled is 'that according to dharma sastras the effect of adoption as regards ..... of the family line and the religious and secular consequences of that continuance, it must so relate back overlooked a very important feature of the hindu law of adoption that, according to dharma sastras the effect of an adoption as regards the gotra the riktha and the pinda should be the same .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1954Kant128; AIR1954Mys128
..... with the full bench of the madras high court. it was observed by coutts-trotter c. j. that partial partitions themselves were not recognized in hindu law texts, and that once partial partition had been permitted, it was necessary on considerations of equity, that the branch concerned, one of whose members had ..... (m)'. it was then urged that the case in -- '5 mad 362 (m)' had been wrongly decided because it went counter to the principle of hindu law, that no member or branch of an undivided family could be said to have a definite share until a partition was actually effected, a principle laid down in ..... the properties available and actually allotted at each succession for guidance in future partitions, which is obviously not in consonance with the general rule of hindu law of equality of shares per stirpes at the time when the coparceners seek a division. if on account of the particular motives or attitude of ..... father's lifetime, is to place him in the position of a separated son. it is not contended for the appellant that according to the hindu law as in force in mysore one of the coparceners cannot alienate for value his interest in any specific item of joint family property, or even ..... been a partial partition in 1942 and that the plaintiff had taken his share and gone out of the family, the ordinary presumption under hindu law being that a hindu family is joint. in his written statement defendant 1 merely stated that the partition between the plaintiff and the other members of the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1970SC789; (1970)1SCC658; 3SCR953
..... 25, 1925 long before the act came into force, succession to his estate opened on the date of the death of charanji lal and on that date the defendant, in hindu law, was entitled to succeed to the estate.12. mr. bishan narain, learned counsel for the plaintiff-respondent, pointed out that it was rather unfortunate that the later full bench decisions ..... courts in lakshmi v. anantha-ramai.l.r.  mad 948 and rajpali kunwar v. sarju raii.l.r. 58 ah. 1041, where it had been held that under the hindu law it is the death of the female heir that opens inheritance to the reversioners who, till then possess only an inchoate right, generally termed a spes successions. it has been ..... , filed by the legal representatives of the deceased defendant, on certificate, is whether on a true construction of the hindu law of inheritance (amendment) act, 1929 (act ii of 1929) (hereinafter referred to as the act), it applies only to the case of a hindu male dying intestate on or after february 21, 1929 (when the act came into force) or whether it ..... holder. it has also been held that during the life-time of the life-estate holder, the reversioners in hindu law have no vested interest in the estate and that they have a merespes successions. it was contended before the judicial committee that the words 'hindu male dying intestate' was occurring in the preamble to the act connotes the future tense, of a .....Tag this Judgment!
Court : Chennai
Reported in : AIR1954Mad705
..... (p). the observations at p. 189 in the judgment of morris j. are pertinent:- 'the cases of gourballab v. juggarnath pershad mitter, macnaghten's cons, of hindu law p. 153 & -- '3 ind app 154 (pc) (f)', cannot be said to be in opposition to this rule. in the one case a grandson, and ..... mother, the family is not at an end. the same principle may be stated also from another point of view. the male line in hindu law does not become extinct so long as there is a potential mother to continue the line. it therefore follows as a logical corollary that if ..... who had to consider this vexed question. sir george lowndes in a very comprehensive judgment examined the basis and the religious foundation of adoption under hindu law after subjecting the tests bearing upon the question as well as the earlier judicial decisions to a very close critical examination. the decision may therefore ..... the widow and the daughter, the inheritance of venkatabalu devolve^ on narasammal, his mother who held the estate till her death in 1942. under the hindu law of inheritance amendment act no. 2 of 1929 the sisters, the third defendant and the plaintiff, succeeded to the estate, as nagalingam the divided brother ..... family was separate or joint. in considering these questions it was observed that the foundation of the doctrine of adoption under hindu law was the duty which was cast on every hindu to provide for the continuance of the line for performance of the necessary rites to the ancestors. the devolution of the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1969SC569; 1SCR874
..... trust properties has to be utilized for charity. it was conceded before us that succession to trusteeship of properties similar to the one before us follows the ordinary rule of hindu law, if there is no special custom to the contrary. in the instant case no special custom was either pleaded or proved. therefore all that we have to ascertain is the ..... mode of succession to the same in accordance with the ordinary rule of hindu law. the parties are governed by mitakshara law under which a sister is one of the heirs of a male person. in view of hindu law of inheritance amendment act 1929 (act ii of 1929), the sister is given a higher place in the line ..... succession to trusteeship similar to the one before us is governed by the ordinary rules of inheritance under the hindu law. act ii of 1929 has amended the general law of inheritance in certain respects and the same alteration must be recognised in regard to succession to trusteeship as well. this view finds support from the decision of this court ..... of succession than what she had under the customary law in respect of properties of her brother not held by him in coparcenary and not disposed of .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1995Bom333; 1995(2)MhLj765
..... next heir of bajrang. 6. it is therefore necessary to ascertain who was the next heir of bajrang and turning back to paragraph 72 of mulla's hindu law, full sister appears at serial no. 14 in the absence of father, brother, brother's sons and grand-mother after the death of krishnabai. kasabai ..... estate of bajrang. krishnabai, being widow, it is necessary to determine what was the nature of interest held by krishnabai during her lifetime. 5. mulla's hindu law sets out the right inherited by females from males under the bombay school in paragraph 170(2) as follows:--'(2) as regards property inherited from males, female ..... be referred in paragraph 72 of mulla's hindu law. the mother is shown at serial no, 9 and in absence of son, sons's son, daughter, daughter's son, mother of bajrang is ..... and the property including co-parcenery property will pass in the hands of surviving members by succession. a reference can be usefully made to mulla's hindu law, paragraph 34(2). shri agrawal submits that right of succession to males in bombay state is in accordance with the mitakshara school and the same can ..... orderpendse, j.1. these two appeals raise an interesting question of hindu law relating to succession of property inherited by a woman prior to hindu succession act, 1956. it is necessary to set out the relevant facts to appreciate the question involved in these two appeals.the land .....Tag this Judgment!
Court : Privy Council
..... son of a man who had consistently denied his legitimacy. their lordships are unable to understand how a son of ramakrishna. the respondent's brother by hindu law, could be regarded as a stranger to the family, nor can they agree that the fact that appellant 1 refused to recognize the legitimacy of the ..... and jackson, j., took the opposite view. neither of them seem to have taken much account of the religious aspect of adoption in the eyes of a hindu widow, and they both held that the sole motive of defendant 1 was a mercenary one. odgers, j., thought that this was sufficient in itself to invalidate ..... application to women. whether this may be so or not on a strict reading of the ancient texts, their lordships have little doubt that the ordinarily pious hindu widow would not look upon the matter from this point of view. indeed kumaraswami sastri, j., who is well qualified to speak on such a matter ..... , says that according to hindu notions unpaid debts are regarded as sins as much in the case of a woman as in that of a man. it is clear on the ..... the appellants join issue on all points. they say that defendant 1's application to the respondent was perfectly genuine and satisfied the requirements of the law; that the respondent's refusal of his consent was capricious and based on purely personal considerations and was rightly disregarded; that ramakrishna's consent was bona .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1983SC409; (1983)33CTR(SC)153; (1983)1GLR799; 141ITR558(SC); 1983(1)SCALE181; (1983)2SCC155; 2SCR492
..... grandsons. the right of a father to sever sons inter se is a part of the patria potestas still recognised by the hindu law.13. para 458 of mayne's hindu law and usage, 11th edn, at p.559 and 560 reads as follows:partition may be either total or partial. a partition ..... of the assets while continuing the status of huf in respect of rest of the assets was not known to the ancient hindu law and was rot recognised by ancient hindu law.3. partial partition in the sense of division of some of the properties whilst continuing the status of huf in respect of ..... the case of kalloomal tapeswari prasad (huf) v. commissioner of income-tax, kanpur : 133itr690(sc) , this court observed at p. 702:under hindu law partition may be either total or partial. a partial partition may be as regards persons who are members of the family or as regards properties which belong to ..... only some of the family properties.14. mr. manchanda learned counsel appearing on behalf of the department, has advanced the following arguments:1. under ancient hindu law, partial partition was unknown. severance of status disrupted the family. the joint family need not necessarily have any property. if it has property, then its ..... invalid.11. mr. desai learned counsel appearing on behalf of the appellant has advanced the following arguments.1. according to the mitakshara school of hindu law, the father has a power to divide ancestral property among his sons and the partition made by him is binding on his sons provided that the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2001SC1424; 2001(49)BLJR1557; JT2001(4)SC290; (2001)2MLJ84(SC); 2001(3)SCALE72; (2001)4SCC558; 2SCR769
..... 8, conferred with a right to adopt subject to the other provisions of chapter-ii, and (ii) since, unlike the position in the old hindu law a hindu female is not only adopting for the husband but rendered eligible and entitled to adopt a son or a daughter in her own right and to ..... decide independently statutorily recognised, and the very reason for insisting upon such an authority or consent from the husband or the sapindas under the old hindu law having lost its basis and thereby ceased to be of any relevance or valid purpose whatsoever. in such circumstances, acceding to the submission to read ..... matter of adoption was not consulted, the adoption was held to be invalid. those decisions have obviously no bearing on the doctrine of consent evolved by hindu law. 23. before closing we should refer to the decision of a division bench of the madras high court in narayanaswami naick v. mangammal ilr mad ..... rather than temporal considerations and that devolution of property is only of secondary importance. 10. while adverting to the question as to why does the hindu law insist upon the assent of the sapinda as a pre-requisite for the validity of an adoption made by a widow the learned judge, on ..... her husband, that is to say, she is only an instrument through whom the husband is supposed to act. mulla in his book 'principles of hindu law' stated that she acts as a delegate of her husband. the judicial committee in balusu gurulingaswami vs balusu ramalakshmamma, ilr 22 mad. 398, pointed out .....Tag this Judgment!