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Judgment Search Results Home > Cases Phrase: hindu minority and guardianship act 1956 Court: chennai Page 1 of about 148 results (0.040 seconds)

Jul 09 2003 (HC)

A.R. Deivasigamani Mudaliar Vs. T.N. Somasundara Nadar (Died) and ors.

Court : Chennai

Reported in : (2003)91MLJ3

..... the learned counsel for the appellant are concerned, they are not applicable as they deal with the powers of the guardian under the provisions of the hindu minority and guardianship act, 1956 which came into force on 25.8.1956 and before that date the sale in question had taken place and hence, the decisions relied upon by the learned counsel for the appellant, rendered ..... be transferred without prior permission of the district court. this case has no application as the sale had taken place on 11.6.1956 before the hindu minority and guardianship act, 1956 came into force on 25.8.1956. 29. learned counsel also relied upon the decision of the supreme court in sri c.p.j. temple v. harikrishna : [1974]1scr442 . this decision has no application ..... needless to state that even before the passing of the hindu minority and guardianship act, 1956 (act 32 of 1956) the mother is the natural guardian after the father. the above act came into force on august 25, 1956 and under section 6 the natural guardians of a hindu minor in respect of the minor's person as well as the minor's property are the father and after him the mother ..... the father was alive taking into consideration the fact that the alienation was made by the mother under the provisions of the guardians and wards act, 1890 as the sale deed was executed prior to the hindu minority and guardianship act, 1956 came into force. he also held that it cannot be stated that the property was sold for inadequate consideration. he held that there .....

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Jul 29 1976 (HC)

Amirtha Kudumban Vs. Sornam Kudumban

Court : Chennai

Reported in : AIR1977Mad127

..... on principle of the law obtaining on the subject, both before and after the commencement of the hindu minority and guardianship act, 1956.20. at this stage, we may refer to section 5 of the hindu minority and guardianship act, 1956, which clearly lays down that any text, rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement ..... avowed intention of the legislature, when it comes to a question of "which is to be master, sec. 6(e) of the transfer of property act or sec. 8(3) of the hindu minority and guardianship act, 1956?"--the former must necessary yield to the latter under the compulsive rule of interpretation declared by sec. 8(3) the full force and effect of the ..... alienation has to be determined on the basis of the relevant provisions of the hindu minority and guardianship act, 1956--central act no. 32 of 1956,--which had come into force on 25-8-1956. the act applied to the alienations now in question. the alienation was on 21-10-1959, after the act came into force.6. the legislature had avowed brought this measure with a view ..... any one claiming under him' this restricted meaning. the reason suggested for this restricted interpretation was that sec. 8(3) of the hindu minority and guardianship act, 1956 must be construed in harmony with sec. 6(c) of the transfer of property act. we doubt whether there exists any cannon of 'harmonious' construction, which extends the scope of the court's inquiry beyond the confines .....

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Apr 02 1998 (HC)

N. Palanisami Vs. A. Palaniswamy

Court : Chennai

Reported in : AIR1998Mad264; 1998(3)CTC158

..... act, 1890, which are inconsistent or derogation of the provisions of the hindu minority and guardianship act, 1956 are made ineffective. further section 2 makes it clear that the hindu minority and guardianship act, 1956 is in ..... addition to the guardians and wards act, 1890. 10. even under the guardians and wards ..... remedy for the natural guardian to get the custody? the hindu minority and guardianship act, 1956 has not provided for any specific remedy. section 2 as well as section 5(b) of the hindu minority and guardianship act, 1956 have made the provisions of the guardians and wards act, 1890, applicable in such a case. since there is no provision in the hindu minority and guardianship act, 1956 only the provisions in the guardians and wards .....

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Sep 06 1991 (HC)

Dhanasekaran Vs. Manoranjithammal and Others

Court : Chennai

Reported in : AIR1992Mad214; (1992)IIMLJ116

..... was joint family property simpliciter).10. in the above referred to : air1983kant222 it has been held that when the mother manages the family property of the minor son, section 11 of the hindu minority and guardianship act, 1956 is not attracted and that, therefore, she can validly alienate it for family necessity or benefit, without obtaining permission of the court under s. 8 ..... and for partition and separate possession of the said share. the question to be answered is whether the said sale is hit by s. 8 of the hindu minority and guardianship act, 1956 since admittedly the plaintiff's mother did not obtain the previous permission from the court as contemplated in the said section, and consequently whether the plaintiff could avoid ..... of the said act. the said decision further observes that the fact that the mother can also manage the family property is evident from s. 12 referring ..... necessity or for benefit. the distinction that obtained under the general hindu law between the separate property of a minor and his undivided coparcenary interest is kept up also under the provisions of the hindu minority and guardianship act of 1956. section 6 of that act which defines a natural guardian excludes minor's undivided interest in a joint family property from the operation of .....

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Dec 21 1984 (HC)

D. Rajaiah Vs. Dhanapal and anr.

Court : Chennai

Reported in : AIR1986Mad99

..... which should form guidelines in matters like this. the two minor children being hindu girls, with regard to natural guardianship as such the provisions of hindu minority and guardianship act, 1956 (no. 32 of 1956), hereinafter if occasion comes, referred to as act 32 of 1956, shall first speak. section 6 of act 32 of 1956 says that in the case of an unmarried hindu minor girl, the father and after him, the mother shall ..... set forth in the proviso to s. 6 of act 32 of 1956. section 13 of act 32 of 1956 reads as follows:13(1) 'in the appointment or declaration of any person as guardian of a hindu minor by a court, the welfare of the minor shall be the paramount consideration. (2) no person shall be entitled to the guardianship by virtue of the provisions of this ..... hindus, if the court is of opinion that his or her guardianship will not be for the welfare of the minor.' section 2 of act 32 of 1956 ..... act or of any law relating to guardianship in marriage among .....

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Apr 06 1984 (HC)

Suresh Babu Vs. Madhu

Court : Chennai

Reported in : AIR1984Mad186; (1984)1MLJ381

..... to enumerate who the natural guardians of hindu minor in respect of minor's person or property (excluding his or her undivided interest in joint family property) are. in the case of a boy or an ..... child prayed for by the respondent cannot be granted. on the other hand, the learned counsel for the respondent would draw a distinction between guardianship and custody based on the provisions of section 6 of the hindu minority and guardianship act, 1956 and submit that though the appellant may be the natural guardian, there is a statutory preference of the mother with refer the custody of ..... the provisions of the act over hindu law, custom or usage as part of hindu law and s. 5(b) further provides that any other law inconsistent with the provisions of the hindu minority and guardianship act, 1956 shall cease- to have effect. section 5(a) and (b) were thus intended to make provision. for the over riding effect of the provisions of the hindu minority and guardianship act, 1956.section 6 proceeds .....

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Sep 04 1991 (HC)

J. Velan Vs. G. Muthu and Three ors.

Court : Chennai

Reported in : I(1992)DMC167

..... law. which should form guidelines in matters like this. the minor child being- hindu girl, with regard to natural guardianship as such the provisions of hindu minority and guardianship act, 1956 (32 of 1956), hereinafter if occasion comes, referred to as act 32 of 1956 shall first speak. sec, 6 of the act 32 of 1956 says that in the case of an unmarried hindu minor girl, the father and after him, the mother shall ..... lakshmanan, j.1. this petition is filed under section 25 of the guardian and wards act, 8 of 1890 read with section 6 of the hindu minority and guardianship act, 32 of 1956. this original petition concerns guardianship and custody of the minor girl dhanalakshmi alias chithra aged about 9 months on the date of the petition. she was born to the petition velan and one m. nagewari ..... on 23 3-1987 in madras. the petitioner/father is natural guardian for the minor. the child lost her ..... be the natural guardian. in the instant case the mother hand gone out of the picture by her demise on 15-10-1987. the father/petitioner as such does not suffer any disqualification set forth in the proviso to section 6 of the act 32 of 1956.5. in .....

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Feb 13 1963 (HC)

V.N. Swaminathan Vs. Angayarkanni Ammal and ors.

Court : Chennai

Reported in : AIR1964Mad11

..... of a minor, namely, that he is a person who has not completed the age of 18 years. ..... to appoint a guardian for the person of a minor is contained in section 7 of this act. section 41(l)(c) provides that the powers of a guardian of a minor shall cease by the ward ceasing to be a minor. the hindu minority and guardianship act 1956, came into force in august 1956 which has application to a hindu. this act also contains vide section 4(1) a definition ..... he has now applied to this court for discharging the first and second respondents from joint personal guardianship on the ground that the provision in the indian majority act, 1875, regarding minority is superseded by the specific provision in section 5(b) of the hindu minority and guardianship act, 1956, and that notwithstanding the fact that the court guardians of his person were appointed, he has on ..... then comes section 5, which provides for the overriding effect of the act. the section reads :'save .....

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Jan 25 2001 (HC)

K. Jagannathan Vs. A.M. Vasudevan Chettiar and 12 Others

Court : Chennai

Reported in : AIR2001Mad184; (2001)1MLJ614

..... defendants 8 and 9 respectively dealt with their respective properties; accordingly the present suit for partition is not maintainable. they also contended that section 8 of the hindu minority and guardianship act, 1956 applies only (o separate property of minor and the same is not applicable to his undivided share. in any event, according to them, in view of section 6, as interpreted by the supreme ..... sustainable or not? in this regard, it is relevant to refer certain provisions from the hindu minority and guardianship act, 1956.'section 4. definitions, 'in this act.- (b) 'guardian' means a person having the care of the person of a minor or of his property or of both his person and property, and includes- (i) a natural guardian, (ii) a guardian appointed by the will of the ..... minor plaintiff was represented by his mother tmt. k. vathsala and the said transaction involving a minor not properly represented is void ab initio and has not ..... -ex. a-5 are not valid or binding on the plaintiff since he was a minor at the time of execution of the said documents. he also contended that inasmuch as as per section 6 of the hindu minority and guardianship act, 1956, father alone is the natural guardian for the property of the minor, in the partition deed ex. a-4 dated 28.8.77, the .....

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Mar 03 1987 (HC)

V.M. Rao Vs. Parameswari Ammal and ors.

Court : Chennai

Reported in : AIR1988Mad230

..... that the guardian in his mind does not attach any importance to the permission of the court. the previous permission of the court provided under section 8 of the hindu minority and guardianship act, 1956 cannot be allowed to be considered by the guardian in such a light manner. the previous permission should exist before the starting of the operation of the mortgage. at ..... registration there is no mortgage and therefore the permission can be obtained at any time prior to such a registration. this will be quite contrary to the scheme of the hindu minority and guardianship act, 1956 which clearly -stipulates that the natural guardian shall not without the previous permission of the court mortgage the property. therefore, in this case it is not the completion ..... petition in op. 238/67 was filed on 7.767 by the father and mother for permission to mortgage the property belonging to the minors under section 8 of the hindu minority and guardianship act, 1956. under section 8 of the act, the natural guardian shall not mortgage a property without the previous permission of the court. the law is therefore, very clear that any dealing ..... any rate, as far as the hindu minority and guardianship act, 1956 is concerned, it is not completion of the transaction that is, contemplated but the operation itself and that operation, by virtue of section 47 of the registration .....

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