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Jul 08 1915 (PC)

The Advocate General Vs. Jimbabai

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, .....

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Dec 15 1952 (HC)

Venkatiah Vs. Kalyanamma and ors.

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 .....

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Feb 02 1953 (HC)

C.D. Deviah and anr. Vs. Karigowda

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 .....

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Mar 10 1970 (SC)

Fateh Bibi Etc. Vs. Charan Dass

Court : Supreme Court of India

Reported in : AIR1970SC789; (1970)1SCC658; [1970]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. [1937] 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 .....

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Oct 21 1953 (HC)

Raju Alias Srinivasan Chettiar Vs. Lakshmi Ammal and anr.

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 .....

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Aug 28 1968 (SC)

Chockalinga Sethurayar and anr. Vs. Arumanayakam

Court : Supreme Court of India

Reported in : AIR1969SC569; [1969]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 .....

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Feb 07 1995 (HC)

Appa Babaji Misal Patil and Others Vs. Dagdu Chandru Misal, Since Dece ...

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 .....

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Jun 28 1935 (PC)

Krishnayya Rao and Another Vs. Venkata Kumara Mahipathi Surya Rao

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 .....

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Dec 31 1969 (HC)

Bhagwan Singh and ors. Vs. Bhagwan Singh, Minor Under the Guardianship ...

Court : Allahabad

Reported in : (1895)ILR17All294

..... in mind what sir william macnaghten truly said in his preliminary remarks (pages vi, vii and viii of the 3rd edition) to his principles and i precedents of hindu law; 'i apprehend that the hindu law, in its pure and original state, does not furnish many instances of uncertainty or confusion. the speculations of commentators have done much to unsettle it, and the venality ..... by recent research to be the latter part of the eleventh century. it seems to me to be in the highest degree improbable, if any text of the hindu law recognised by the school of hindu law of benares had contained any direct prohibition, or any text which was construed by that school as indicating a prohibition, against adoptions by any classes of hindus ..... on behalf of the defendant on certain decisions of courts in india, and 1 upon the opinions expressed by that eminent sanskrit scholar and writer on hindu law, professor jolly (outlines of an history of the hindu law of partition, inheritance and adoption as contained in the original sanskrit treatises) and upon the criticisms of the late vishvanath narayan mandlik in his vyavahara ..... author, nanda pandita, has attained considerable literary pre-eminence.' 'the dattaka a work of authority, and supposed to have been the groundwork of nanda pandita's disquisition' (stokes' hindu law books, p. 527). the reason why, among all others, he selected the two works for translation was that, ' justly or unjustly,' they were held in estimation, and that such .....

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Aug 06 1913 (PC)

Jan Mahomed Abdulla Datu Vs. Datu Jaffar

Court : Mumbai

Reported in : AIR1914Bom59; (1913)15BOMLR1044

..... only have taken that course upon the supposition that the distinction between ancestral joint family property and self-acquired property was included under the terms ' succession and inheritance.' the whole hindu law of the manager was introduced, without any evidence of custom, by the judgment in shivji v. datu presumably because at that time the learned chief justice believed it to ..... part of the presidency,38. another judgment in the same volume, maharana shri fatesangji jasvantsangji v. kuvar harisangji fatesangji i.l.r. (1894) 20 bom. 181, similarly extends the hindu law of succession and inheritance to the molesalam girassias of guzerat. this suit comes from broach; it was decided by ranade j., shortly after the easel last noted, and many of ..... sir erskine perry, an uniform practice has prevailed in this court in the exercise of its ecclesiastical jurisdiction, both in its contentious and non-contentious business, of administering the hindu law of inheritance in the absence of proof of any special custom to the contrary. now an examination of the records of the ecclesiastical side of the supreme court (during the ..... stands for judgment, the ecclesiastical registrar has collected several precedents at that side,-some being cases disposed of by the court and others by the ecclesiastical registrar. in all, the hindu law, as indicating the person entitled to succeed to the property, would seem to have been taken as the guide in granting letters of administration, except in one or two .....

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