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Judgment Search Results Home > Cases Phrase: hindu minority and guardianship act 1956 Year: 1991 Page 1 of about 18 results (0.043 seconds)

Sep 06 1991 (HC)

Dhanasekaran Vs. Manoranjithammal and Others

Court : Chennai

Decided on : Sep-06-1991

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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Sep 04 1991 (HC)

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

Court : Chennai

Decided on : Sep-04-1991

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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May 03 1991 (HC)

Abnash Chander and anr. Vs. Surat Singh (Deceased) Represented by His ...

Court : Punjab and Haryana

Decided on : May-03-1991

Reported in : I(1993)DMC469

..... sale even if taken to be by karta cannot bind them in view of the provisions of section 8 of the hindu minority and guardianship act, 1956. the learned counsel further argued that the findings recorded by the courts below that the property is joint hindu family property is not correct and is based on misreading of evidence. he submitted that it is proved on the ..... hopelessly barred by time.9. the sale had been effected in this case of the property of the minors by the natural guardian, mother, through her major son without seeking permission of the guardian court under section 8 of the hindu minority and guardianship act, 1956. if the permission bad been taken, nothing would have survived, but even if the permission is not taken sale ..... the question posed at the very outset is rendered in the affirmative. it is held that a quondam minor plaintiff challenging the transfer of an immovable property through his natural guardian in contravention of section 8 (1) and (2) of the hindu minority and guardianship act, 1956 and seeking possession of the property can bring the suit only within the prescribed period of three years ..... of immovable property by a natural guardian in contravention of section 8 (1), (2) of the hindu minority and guardianship act, 1956 can be challenged by way of suit by the minor only within the prescribed period of three years from attaining majority under article 60 of the limitation act, 1961, happened to be considered by a full bench of this court in surta singh v. .....

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Sep 17 1991 (HC)

Ansal Properties and Industries Pvt. Ltd. Vs. Anand Nath and ors.

Court : Delhi

Decided on : Sep-17-1991

Reported in : ILR1992Delhi540

..... had undertaken to obtain authorisation from a competent court for transfer of the share of the minor. guardian has been defined in section 4(b) of the hindu minority and guardianship act, 1956 (hmg act for short). it says that 'guardian' means a person having the care of the person of a minor or of his property or of both of his person and property. the guardian also ..... includes a natural guardian, a guardian appointed by the will of the minor's father or mother, a guardian appointed ..... not all the owners of the property have entered into that agreement? 10.whether the agreement dated 6-7-77 is contrary to the provisions of section 11 of the hindu minority and guardianship act, as it purports to be signed by the de-facto guardian of defendant no. 6? 11. whether the agreement dated 6-7-77 has been signed by all the ..... was directly under the management of not only one adult member but all the adult members. section 6 hmg act also specifically excludes the administration of un-divided interest in joint family property of aminor and it declares natural guardians of a hindu minor in respect of his person and property only, specifically excluding his un-divided interest in the joint family property .....

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Jun 05 1991 (HC)

Essakkyal Nadar Michayel Nadar Vs. Sreedharan Babu and ors.

Court : Kerala

Decided on : Jun-05-1991

Reported in : AIR1992Ker200

..... even if there was any acquisition it would not validate the void document.4. section 6 of the hindu minority and guardianship act, 1956 (for short, the act) provides 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 (excluding his or her undivided interest in joint family property) is his father in the case ..... of a boy or an unmarried girl and after him the mother. father of a minor who is the natural ..... property of a hindu minor merely on the ground of his or her being the de facto guardian of the ..... . as the third defendant is not the natural guardian of the minors and as she did not obtain permission of the court to sell the property, the assignment in favour of the second defendant is void.8. section 11 of the hindu minority and guardianship act provides that after the commencement of the act no person shall be entitled to dispose of or deal with the .....

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Nov 25 1991 (HC)

Smt. Kesar Devi and ors. Vs. Suraj Bhan

Court : Punjab and Haryana

Decided on : Nov-25-1991

Reported in : (1992)101PLR257

..... for five years without the previous permission of the court. if the lease of minor's immovable property is for a term exceeding five years or ..... of land tenures act, 1953.7. the conclusions arrived at by the first appellate court are neither supported at law nor on facts. clause (b) of sub-section (2) of section 8 of the hindu minority and guardianship act, 1956 says that a natural guardian can lease any part of minor's immovable property ..... lease was created presumably in the light of the provisions of clause (b) of sub-section (2) of section 8 of the hindu minority and guardianship act. the minors through their next friend filed the suit for possession of the land which was leased out under lease deed dated june 10, 1975. on ..... june 15, 1981, the action was taken in conformity with the provisions of sub-section (3) of section 8 of the hindu minority and guardianship act. sub-section (3) of section 8 says that any disposal of immovable property by a, natural guardian, in contravention of sub-section (1) ..... for a term extending more than one year beyond the date on which the minor .....

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Apr 29 1991 (HC)

Gurpreet Singh Vs. Chatterbhuj Goel

Court : Punjab and Haryana

Decided on : Apr-29-1991

Reported in : AIR1992P& H95

..... the minor from the sale proceeds.3. an additional factor which weighed with the court while declining the relief of specific performance, was that col. ..... orderharjit singh bedi, j.1. on december 18, 1978, col. sukhdev singh, father of the then minor gurpreet singh, moved a petition under s. 8 of the hindu minority and guardianship act, 1956, for the grant of permission for the sale of h. no. 1577, sector 18d, chandigarh, belonging to the appellant. vide order dated april 11, 1979, this petition was allowed ..... substantially, during this period,it was not possible for the minor to purchase any property in delhi with the amount that he was to receive from the respondent. this finding was based on the fact that while securing the permission to sell the property under s. 8 of the hindu minority and guardianship act, 1956 the court had ordered that some property be purchased for ..... by the senior subordinate judge, chandigarh and permission was granted to col. sukhdev singh, acting on behalf of the minor to sell the property in question .....

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Jan 28 1991 (HC)

Ambalal Shankarbhai Patel Vs. Union of India (Uoi)

Court : Gujarat

Decided on : Jan-28-1991

Reported in : (1992)2GLR1317

..... personal law. in such a case a person who desires to adopt and claims to be a natural guardian by virtue of the provisions of section 7 of the hindu minority and guardianship act, 1956. it will have to establish his right and the validity of adoption by getting a declaration that he has become the natural guardian of the ..... then not be justified in overlooking the provisions of section 7 of the hindu minority and guardianship act, which provide that, a natural guardianship of an adopted son, who is minor, passes, on adoption, to the adoptive father and after him to the adoptive mother. the provisions of section 7 of the hindu minority and guardianship act, 1956, are a necessary corollary to the provisions of section 12 of the ..... hindu adoptions and maintenance act which, inter alia, provide that an adopted child is demand to be the child of his or her adoptive father or mother ..... 13(2) of the hindu minority and guardianship act that, no person shall be entitled to the guardianship by virtue of the provisions of this act or of any law relating to guardianship in marriage among hindus, if the court is of the opinion that his or her guardianship will not be for the welfare of the minor. the provisions of the hindu minority and guardianship act, 1956, are in addition to .....

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Sep 20 1991 (HC)

Purushottam Wamanrao Thakur, and Others Vs. Warsha W/O Narendra Thakur ...

Court : Mumbai

Decided on : Sep-20-1991

Reported in : 1993(3)BomCR587; 1992CriLJ1688; II(1994)DMC173

..... of a minor who has not completed the age of five years shall ordinarily be with the mother. there is a strong presumption that mother's protection for children ..... is entitled to have the custody of the child till the child is below 5 years of age under section 6 of the hindu minority and guardianship act, 1956. the object and purpose being ex facie to ensure the welfare of the minor ward which necessarily involves due protection of the right of his guardian to properly look after the ward's health, maintenance and education ..... relating to the custody of a minor is well settled that the paramount consideration is the welfare of the minor and not the legal right of this or that party. the cases referred to us all proceed upon this principle. we may also in this connection refer to the proviso to section 6(a) of the hindu minority and guardianship act, 1956, which provides that the custody ..... learned addl. sessions judge, washim has dealt with the application under section 97 of cr.p.c. as if it was an application for custody under the provisions of the hindu minority and guardianship act and the guardians and wards act, 1925. in case if at all the mother wanted the custody of the children, she should have applied under the relevant provisions of the .....

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Feb 26 1991 (HC)

Mrs. K. Vs. Mr. V.

Court : Mumbai

Decided on : Feb-26-1991

Reported in : (1991)93BOMLR66

..... statutes in relation to guardianship, custody or access to a minor should be filed before the family court if instituted by a member of the ..... the person or the custody of, or access to, any minor. guardianship, custody and access to a minor are not sought only in matrimonial causes. such reliefs may also be sought under the provisions of the guardians and wards act, 1890, the indian lunacy act, 1912 and the hindu minority and guardianship act, 1956. it is far from clear whether parliament intended that proceedings even under these ..... minor's family.19. these matters did not directly arise before us; in the course ..... of any person;(f) a suit or proceeding for maintenance;(g) a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor.(2) subject to the other provisions of this act, a family court shall also have and exercise-(a) the jurisdiction exercisable by a magistrate of the first class .....

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