Court : Chennai
Reported in : AIR1975Mad275
..... to concur with seshagiri aiyar, j., that an illegitimate daughter has no place at all under the hindu law except in limited cases which he pointed out. the change in the social outlook in respect of succession is reflected in the recent legislations, particularly the hindu succession act, 1956, which has done away with the distinction between legitimacy and illegitimacy within certain limits in ..... the matter of succession either to property of a male or a female, dying intestate. we also note that section ..... the word daughter in the original text above referred to as confined only to a legitimate daughter. as trevelyan in his book on hindu law, edition 3, at page 500, observed, "illegitimacy is not a bar to the succession of children to their mother's property". it is true that he also stated that in a competition between legitimate and illegitimate children ..... the primary sense of these references and is unauthorised by the rules of interpretation recognised by both english and hindu law."there were other approaches to the succession there, one of which was the un-chastity of the woman to whose estate the succession was in dispute. we are not concerned with that question. 1 mad lw 704 = (air 1915 mad 63) .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1994Bom247; (1994)96BOMLR227; 1994(1)MhLj991
..... land revenue code, 1954. the said provision provided for devolution of tenancy rights in respect of agricultural holdings. the subject matter is clearly covered under s. 4(2) of hindu succession act, 1956. with respect, the ratio of this judgment is not relevant for deciding this appeal.21. the learned counsel shri kumbhakoni invited the attention of the court to several ..... court of allahabad was concerned with interpretation of u. p. zamindari abolition and land reforms act, which regulated devolution of the tenancy rights a subject specifically referred to in s. 4(2) of hindu succession act. section 4(2) of the hindu succession act, 1956, specifically provides that the hindu succession act, 1956, shall not affect the provisions of any law for the time being in force ..... holdings or fixation of ceiling or devolution of tenancy rights inrespect of agricultural holdings, such local law shall continue to prevail and shall not be affected by provisions of hindu succession act, 1 956. the learned counsel submitted that entry 18 of list ii in the viith schedule to the constitution of india could not be interpreted in a manner ..... counsel for the appellants. 3. when this appeal was being heard for admission by this court, shri anil anturkar, the learned counsel for the appellants submitted that the hindu succession act, 1956 was not applicable to agricultural lands. the learned counsel submitted that there was a conflict of opinion on the subject amongst various high courts of the country and .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1970Bom251; (1970)72BOMLR653; 1970MhLJ59
..... in a family falling under the proviso to section 6, the female heirs like the daughters in the present suit inherit an interest in the joint family property by succession under the hindu succession act, and that interest or share becomes vested in them. when an outsider to a joint family gets vested interest in a part of the property, the fact that that ..... kumar. surendra kumar a minor, died pending the us before the rent controller, leaving behind his mother as his sole heir belonging to class i of the schedule to the hindu succession act. the mother was not brought on record as legal representative of the deceased minor son, the question that arose for consideration was whether the proceedings could be continued lawfully by ..... by her under a statute no further difficulty arises.'15. mr. phadke argued before me that the same approach should be adopted in the case of the provisions of the hindu succession act. as has been pointed out by this court in : air1954bom47 , piecemeal legislation made with the intention of making progressive changes is bound to lead to some complication. the courts must ..... against this, mr. phadke, learned counsel appearing for the appellant, argues that the anxiety of the legislature as may be seen from the opening part of section 6 of the hindu succession act, is to maintain the mitakshara coparcenary and the devolution of property by survivorship among the members of the coparcenary which is a special and distinguishing feature of the mitakshara joint .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1980Bom315; 1980MhLJ494
..... an adoption of the year 1962, that is after the coming into force of the hindu adoptions and maintenance act, 1956 (hereinafter called 'the adoption act'), the adopted son gets no interest in the property, for the widow hirabai under section 14(1) of the hindu succession act, 1956 (hereinafter called 'the succession act') became the full owner of the property in her hands as on june 17 ..... that a similar question will arise hereafter since section 4 of the hindu succession act, 1956 has practically swept off texts, rules and the like in hindu law, which were part of that law in force immediately before the commencement of the act, till provisions have been made for such matters in the act. since on the husband's death the widow takes an absolute estate ..... in kisan v. hari, : air1974bom65 , held that all properties in the hands of a widow be-cause of section 14(1) of the succession act are protected and the adopted son does not get any interest even in the hindu joint family properties. now, as far as the adoption is concerned, the judgment itself notes that it was an adoption before the adoption ..... as to further the principle of common-sharing and avoiding individual appropriation ot pro-perties. in the context of section 14(1) of the succession act, though the section declares that the property shall be held by the female hindu as a full owner thereof, in our view, it has not the effect of changing the basic character of the coparcenary property. as .....Tag this Judgment!
Court : Mumbai
Reported in : (1980)82BOMLR332; 1980MhLJ586
..... applicable, for there is no property acquired by parwatibai in any manner.39. faced with this difficulty and the judgment under appeal being based on section 14(1) of the hindu succession act, mr. rajguru for the respondent strenuously argued that parwatibai should be treated to be in adverse possession with regard to her undivided share in the property. he further pleaded that ..... therefore, the first, primary and pivotal question is about the character of the property on the basis of which alone application of the provisions of section 14(1) of the hindu succession act would be possible, once the character or nature of the property is dermined, parwatibai's entitlement or otherwise will follow. we have already noticed that what the trial court found ..... render the judgment of the learned single judge as void. we may state that considerable arguments were advanced as to whether paternal aunt could succeed under the provisions of the hindu succession act to the interest of the propositus like baburao. in this regard, the abate is raised on the basis that she does not fall within the definition of agnate or ..... impugned judgment in the first appeal proceeds mainly on the footing that the earlier decree was binding and further proceeds to apply the provisions of section 14(1) of the hindu succession act without taking into account the respective pleas raised in defence and the evidence tendered by the parties. that has obviously introduced an infirmity in the judgment under appeal and we .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1981Bom115; (1981)83BOMLR159; 1981MhLJ1
..... be incidentally noted that all the learned counsel before us conceded that the doctrine of 'relation back' in the case of adoption is no more available after the hindu succession act and the hindu adoptions and maintenance act came into force. the learned judges of the division bench also take the same view. it is conceded that the right of the adopted son, whose adoption ..... incident of the estate did not justify the imposition of a limitation restricting the connotation of the expression 'full owner' used in section 14 of the hindu succession act. full ownership contemplated by section 14 of the succession act was not made by the legislature subject to any incident of dive station by adoption.12. the division beach points out in paragraph 7 of the ..... and did not operate retrospectively from the actual date when the adoption took place. this sanction was accorded long after the 17th june 1956 when section 14(1) of the hindu succession act had come into force. as a result of that sanction the plaintiff-junior widow yamunabai claimed that she became the full owner of the entire property and the subsequent adoption ..... bench by its order dated 16th september 1980. the only question involved in the petition relates to the correct meaning and interpretation of the provisions of section 14 of the hindu succession act. since the facts were undisputed and that was the only question involved, the petition itself has been referred to the full bench.2. the facts leading to this writ petition .....Tag this Judgment!
Court : Karnataka
Reported in : AIR2003Kant396
..... that the parliament stepped in and enacted various statutes like the hindu marriage act, 1956, the hindu adoptions and maintenance act, 1956, and the hindu succession act, 1956 providing for intestate succession.17. the hindu succession act, 1956 made far-reaching changes in the structure of hindu law by removing the traditional limitations on the powers of a hindu widow to deal with the property of her deceased-husband, in ..... liable to be set aside.12. on the other hand, the learned counsel appearing for the respondents submitted that admittedly, yallubai was in possession of the property when the hindu succession act, 1956, came into force and the property was settled upon her in lieu of maintenance and, therefore, her pre-existing right ripened into an absolute right under section ..... that the suit schedule property was the self-acquired property of irappa and wherefore she did not acquire absolute right over the property under section 14(1) of the hindu succession act, 1956. however, the trial court held that she had perfected her title by adverse possession and accordingly, decreed the suit of the plaintiff. being aggrieved by the ..... right of maintenance over the suit property and in the absence of pre-existing right, her right did not widen into absolute right after coming into force of the hindu succession act and the defendant denied that the plaintiff has perfected the title by adverse possession.5. the trial court framed appropriate issues. the defendant had filed o.s. no. .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1965AP466
..... page their lordships repelled the contention by observing :'the contention assumes, and in my view, wrongly so, that the hindu succession act, 1956, and the hindu law of inheritance (amendment) act, 1929, are enactments of the same kind in the matter of succession among the hindus.' referring to the decision of the privy council in air 1946 pc 173, their lordships thought : ..... short but important question which must necessarily be answered in this second appeal is whether s. 8 of the hindu succession act, 1956 (hereinafter called the act) governs a case, where the last hindu male-holder died before the commencement of the act and where he was succeeded by a female having limited interest, she without becoming the absolute owner, died after ..... of their lordships.' and held ' '. . . . . the general and fundamental principles underlying the mitakshara law of succession were not affected by the amending act of 1929. the hindu succession act, 1956, is entirely of a different character. it replaces the general rules of succession of the hindus dying intestate in respect of all matters, of which provision has been made in the ..... have devolved upon one class or other heirs on their death, that occurred previous to 1956, according to the hindu law then prevailing. it cannot be suggested that those devolutions would undergo an alteration on the new hindu succession act coming into force. property already vested cannot be divested by introduction of a new enactment.'their lordships constructed the .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1974MP141; 1974MPLJ257
..... tenure legislation makes a special provision for devolution of rights to lands, that provision will prevail and in that event, section 4(2) of the hindu succession act, 1956, will make the provisions of the hindu succession act, 1956, inapplicable to such devolutions provided by the tenancy or the land tenure legislations. but, if the land tenure legislation itself makes the personal ..... either section 151 of the m. p. land revenue code, 1954, or section 164 of the m. p. land revenue code, 1959, or the provisions of the hindu succession act in their applicability to devolution of agricultural properties, we would reject all those suggestions and would hold all the three legislations constitutional, which were perfectly within the competence of ..... any provision, whatsoever, or if such legislation specifically makes the personal law of the parties applicable to devolution of agricultural tenures; in that event the provisions of the hindu succession act, 1956, will be applicable to bhumiswamis who are hindus and as regards the other bhumiswamis having different personal laws, their personal law will be applicable to them as ..... holders rights, but also for devolution of tenancy rights. according to the learned counsel, the phrase 'devolution of tenancy rights' occurring in section 4(2) of the hindu succession act, 1956, has been used in a broad and comprehensive sense so as to include all legislations providing for devolution of land tenures and not necessarily restricted to devolution of .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : 103ITR661(P& H)
..... governed by rules of customary law in matters of succession to property. after the passing of the hindu succession act, all the hindus, as denned in section 2 of that act, in matters of succession are governed by hindu law and the provisions of the hindu succession act, 1956. the hindu succession act has not abolished joint hindu family and joint hindu family property and it does not interfere with the special rights ..... was the customary law prevalent in the state of punjab, including the present state of haryana, prior to the coming into force of the hindu succession act. 23. the relevant provisions of hindu law prior to the passing of the hindu succession act, 1956, may now be noticed. there are two systems of inheritence among the hindus in india, namely, the mitakshara system and the ..... abrogation is not to be proved by the accounting party and that it was for the other party to allege and prove the alleged custom after the passing of the hindu succession act, but no reference, much less discussion thereon, was made in the judgment. after reciting the facts of the case and setting out the relevant portions of sections 7 ..... perusal of the judgment shows that no reasons whatsoever were given for the above-mentioned law allegedly laid down in that case. no reference to section 4 of the hindu succession act was made in the judgment regarding which the counsel for the parties argued the case for more than one day and cited several decisions in support of their respective contentions .....Tag this Judgment!