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Judgment Search Results Home > Cases Phrase: hindu minority and guardianship act 1956 Court: kerala Page 1 of about 43 results (0.024 seconds)

Jan 15 1963 (HC)

P.N. Ramachandra Iyer Son of P.S. Narayana Iyer Vs. S.V. Annapurni Amm ...

Court : Kerala

Reported in : AIR1964Ker269

..... erred in holding that the applicant is 'a gurardian' ofthe minor concerned. 4. after the enactment of the hindu minority and guardianship act, 1956 (hereinafter referred to as the act), no one can be found to be the guardian of a hindu minor unless one satisfies the definition in the act. sec-lion 5 of the act shows that the act has overriding effect and superseded all existing laws on the ..... a person having the care of the person of 3 minor or of his property or of both his person son and property, and includes -- (1) a natural guardian, (11 ..... matters dealt with in the act. the definition of 'guardian' is quoted ..... a person having the care of the person of a minor or of his property, or of both his person and property.'from the allegations in the petition it is clear that the petitioner will be a guardian as defined in section 4(2) of the guardians and wards act. in the hindu minority and guardianship act, 1956, 'guardian' is defined as follows: ' 'guardian' means .....

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May 30 1997 (HC)

Maniyamkandi Kunhiraman and ors. Vs. Machil Parambath Vanaja and ors.

Court : Kerala

Reported in : AIR1998Ker24

..... minor and, therefore, there is a plain violation of section 8(2) of the ..... 61 : (air 1962 sc 164) (fb) and sankaranarayana pillai v. kandasamia pillai, (1956) 2 mad lj 411 : (air 1956 mad 670)(fb) the learned judge observed (at p. 75 of air).: 'in the present case, however, we are concerned with a specific statute, namely. section 8 of the hindu minority and guardianship act, 1956. it is indisputable that no sanction of the court was taken for the ..... alienation in the present case by the mother acting as the guardian of the ..... for partition without seeking the setting aside of alienations effected by their mother, their natural guardian was not maintainable, that the sale was for the benefit of the minors, that hindu minority and guardianship act had no application since the property was joint family property, that a suit merely for partition is not maintainable and that the suits are liable to be dismissed.4 .....

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Aug 20 1971 (HC)

iruppakkatt Veettil Viswanathan's wife Santha Vs. Deceased Kandan's L. ...

Court : Kerala

Reported in : AIR1972Ker71

..... there.9. in the present case, however, we are concerned with a specific statute, namely. section 8 of the hindu minority and guardianship act. 1956. it is indisputable that no sanction of the court was taken for the alienation in the present case by the mother ..... that the parties are hindus governed by that act.3. a manager of a joint hindu family alienating family property has only limited powers. so also a hindu widow vis-a-vis the reversioners to the estate of ..... natural guardian of the minor. the key question is as to whether a minor, whose property had been transferred by her natural guardian, can avoid it or should get it set aside by a decree even if the sale be in contravention of section 8 of the hindu minority and guardianship act, 1956, it being admitted ..... her husband. a guardian of a minor or a trustee of a ..... a natural guardian's alienation is good until set aside by court have not considered the impact of section 8 of the hindu minority and guardianship act. that statutory provision enables the minor to affirm or disaffirm the transaction without suit. in this view, i allow the appeals and direct that the execution .....

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Aug 16 1990 (HC)

K. Devabalan and ors. Vs. M. Vijayakumari and ors.

Court : Kerala

Reported in : AIR1991Ker175; I(1991)DMC323

..... stated that under the codifying acts merely .the hindu marriage act 1955, the hindu succession act, 1956, the hindu minority and guardianship act 1956 and the hindu adoption and maintenance act, 1956, an extended meaning has been given to the expression 'hindu' in view of the explanation 1 to section 2(1) of the hindu succession act, 1956 and the hindu marriage act 1955 and also explanation ii to section 3(1) of the hindu minority and guardianship act, 1956. in this context i may ..... christian woman could be considered as a member of the family. discussing the question, the supreme court observed (1978) 104 itr 442:'under the codifying acts, namely, the hindu marriage act, 1955, the hindu succession act, 1956, the hindu minority and guardianship act, 1956 and the hindu adoption and maintenance act, 1956, the orthodox concept of the term 'hindu' has undergone a radical change and it has been given an extended meaning. the aforesaid codifying ..... to explanation (b) to section 2(1) of the hindu succession act, 1956, hindu adoptions and maintenance act, 1956, and hindu marriage act, 1955 as also according to explanation ii to section 3(1) of the hindu minority and guardianship act, 1956 any child legitimate or illegitimate, one of whose parents is a hindu by religion and who is brought up as a hindu is a hindu.the supreme court held that the child born out .....

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Feb 02 2007 (HC)

Hareendran Pillai Vs. Pushpalatha

Court : Kerala

Reported in : 2008(1)KLJ409

..... , if it is of opinion of his guardian, may make an order for his return.4. section 6 of the hindu minority and guardianship act, 1956 states that the natural guardian of a hindu minor in respect of the minor's person as well as in respect of the minor's property are in the case of a boy or an unmarried girl, the father, and after him, the ..... .1. this appeal arised out of an order passed by the family court, alappuzha under section 25 of the guardian and wards act read with section 6 of the hindu minority and guardianship act, 1956 on a petition filed by the mother for the custody of a minor aged below five years. contention was raised before the family court that the petition is not maintenable since the ..... of age. we may also indicate, though the father is the natural guardian of the minor above five years on that ground alone he cannot have any preferential claim since the ..... entertain suit or proceeding in relation to the guardianship of the person or the custody of any minor. in view of the above circumstances, we are of the view that family court, alappuzha has got jurisdiction to entertain application under section 25 of the guardian and wards act read with section 6 of the hindu minority and guardianship act, 1956, especially when the child is below five years .....

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Feb 07 1992 (HC)

Baby Sarojam Vs. S. Vijayakrishnan Nair

Court : Kerala

Reported in : AIR1992Ker277; I(1994)DMC79

..... claimed custody of the child after 21/2 months. the father contended that he is the natural guardian of the infant. according to the provisions of section 6 of the hindu minority and guardianship act, 1956, the respondents have no legal right for the custody of the infant and that the detention of the infant by the respondents is illegal. the court negatived this contention ..... power stemmed from the parents patriae jurisdiction will be used only for the promotion and welfare of the infant. 24. counsel for the father, referring to section 6 of the hindu minority and guardianship act, said that the father is the natural guardian and if he is not found to be unfit, he has got a right, which cannot be controlled by the court ..... this court should consider the peculiar circumstances surfaced in this case, viz. it is not a fight for the custody of the interest of the minor's welfare as laid down in section 13 of the hindu minority and guardianship act. 44. in england the law is what is stated by the house of lords in j v. c (1969) i all er 788. in ..... of wards, or to take away any power possessed by any high court. 17. section 13 of the hindu minority and guardianship act provides that the welfare of the minor shall be the paramount consideration in the appointment or declaration of any person as guardian of a hindu minor by a court. further, it is provided under section 13(2) that no person shall be entitled to .....

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Dec 02 1958 (HC)

Vasudevan Vs. R. Viswalakshmi

Court : Kerala

Reported in : AIR1959Ker403

..... wrong both in law and on the facts in this case. the learned counsel contended that by virtue of section 6(a) of the hindu minority and guardianship act, 1956, central act 32 of 1956, the father is the natural guardian of the minor's person and property in the case of a boy or an unmarried girl. but under the proviso to that sub-clause, the custody ..... of a minor, who has not completed the age of 5 years, shall ordinarily be with the mother.no allegations as to why the natural guardian ..... his guardianship and the circumstances which the court has to consider in considering whether the custody of a minor child should be with the father or with the mother in the circumstances in this case.14. section 6 of central act 32/56 referred to earlier, runs as follows:'natural guardians of a hindu minor: the natural guardians of a hindu minor, in respect of the minor's ..... person as well as in respect of the minor's property (excluding his or her undivided interest in joint family property) are- (a) in .....

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Aug 27 1984 (HC)

Thulasikumar Anil Kumar and anr. Vs. Raghavan Nair

Court : Kerala

Reported in : AIR1985Ker20

..... represented by a next friend is maintainable against the father who is the natural guardian of the minor under the hindu minority and guardianship act 1956 (hereinafter referred to as the guardianship act).2. the 1st plaintiff was a minor 9 months old on the date of the suit. he was represented by his maternal uncle as the next friend and the suit was for a declaration that the ..... defendant the father of the minor 1st plaintiff is liable to maintain the 1st plaintiff and for future maintenance ..... . the decision relates to the right of the mother of a hindu minor to act as its guardian for the disposal of the minor's property when the father who is the legal and natural guardian under section 6 of the guardianship act is alive. as per section 6 the natural guardian of a hindu minor in respect of its person as well as its properly is the ..... father and after him the mother who is en titled to a preferential right to custody of a minor below the age of 5 years. it is quite .....

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Apr 10 1987 (HC)

Santhos Kumar and ors. Vs. Verghese George and ors.

Court : Kerala

Reported in : AIR1988Ker277

..... that the guardian (1st defendant) has not obtained sanction from the court under section 8 of the hindu minority and guardianship act, 1956 to alienate the property belonging to minors. in ext. a3 defendants 1 and 2 cleverly avoided to state the right and title of the minors over a portion of the property which they obtained as per ext. a4 sale deed.7. section ..... 8 of the hindu minority and guardianship act enumerates the powers of a natural guardian. section 8(1) reads :'the natural guardian of a hindu minor ..... is found that defendants 1 and 2 have no title with regard to 18 cents of property belonging to the minor defendants and as they did not obtain sanction of the court as provided under section 8 of the hindu minority and guardianship act specific performance cannot be granted with regard to that item of property. in such a case the court has ..... submitted that specific performance of the agreement is not possible against the minor defendants, that the agreement is vitiated for non-compliance of the mandatory provisions of the hindu minority and guardianship act relating to the alienation of minors' property, that there is nothing to show that the proposed alienation of the minors' property was to their benefit and that the court failed to .....

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Nov 24 2003 (HC)

Ramadas Menon Vs. Sreedevi

Court : Kerala

Reported in : AIR2004Ker126; 2004(1)KLT323

..... another decision reported in viswambhar and ors. v. laxminarayan, (2001) 6 scc 163, considered section 8 of the act and held as follows:'the question is, in such circumstances, are the alienations void or voidable? in section 8(2) of the hindu minority and guardianship act, 1956, it is laid down, inter alia, that the natural guardian shall not, without previous permission of the court, transfer ..... regard to the interpretation of section 8(3) of the hindu minority and guardianship act, 1956 (hereinafter referred to as 'the act'). relevant portions of section 8 of the act are as follows:'8. powers of natural guardian:(1) the natural guardian of a hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of ..... by sale any part of the immovable property of the minor. in sub-section (3) of the said section, it is specifically provided that any disposal .....

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