Court : Mumbai
Reported in : 1980MhLJ907
..... 's estate, provided however that she shall have the same right of claiming partition as a male owner......'.the hindu succession act, 1956.section 6. 'when a male hindu dies after the commencement of this act, having at the time of his death an interest in a mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving ..... , carved out in her favour her deceased husband's interest in the joint family properties, make a subsequent claim, based on section 6 of the hindu succession act, 1956, to a share in the interest of another coparcener having, at the time of his death, an interest in the remaining properties of the joint family ?2. ..... the date on which she claimed partition'.8. the position and status of a hindu widow, indeed of hindu women in general, received radical impetus by the enactment in 1956 of the hindu succession act (hereinafter the 1956 act). though his enactment, by its own section 31, repealed the 1937 act, it did so only after consolidating and further extensively augmenting the rights of female hindus ..... . this 1956 act amended and codified the law relating to succession amongst hindu, in the process effecting and bringing about far-reaching .....Tag this Judgment!
Court : Gujarat
Reported in : AIR2007Guj5; (2007)1GLR859(GJ)
..... support and the necessary expenses of the proceeding and therefore, the application under section 24 of hindu marriage act, 1955 filed by wife is not tenable as per the provisions of section 24 as well as by amendment in the hindu succession act, 1956 by removing section 6 and 23 of the old act in favour of the woman.(x) that, the civil court ought to ..... have considered the equality before law provided in section 24 of the hindu marriage act, 1955 and equal rights in properties by amendment in the hindu succession act, 1956 provided to respondent ..... of the petitioner husband.3.1. the first contention was that in light of insertion of section 29a by the state of maharashtra in the hindu succession act, 1956 (the succession act) the entire approach for determination of an application under section 24 of the marriage act was required to undergo change and the lower court had failed to take the same into consideration ..... . in support of this submission, by referring to amended section 6 of the succession act with effect from 9.9.2005, .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1975Bom257; (1975)77BOMLR558; 1975MhLJ682
..... this division bench of this court has referred to the full bench the following two questions for determination:(1) is the scope of the fiction in the explanation of section 6 of the hindu succession act, 1956 as wide as was held in rangubai v. laxman, : air1966bom169 , and whether the view taken in rangubai's case that as a result of the notional partition ..... of the hindu succession act assumes that ..... hindu undivided family after the coming into force of the hindu succession act, 1956, his share in the income that accrued form firms in which he had been a partner as karta, devolves by succession on his own heirs, and is not assessable as income of the hindu undivided family. for the purpose of computation or determination of the share of the male hindu explanation 1 to section 6 ..... contemplated by the proviso to section 6 of the hindu succession act, the shares of persons other than the deceased coparcener also become fixed as if a partition had taken place during the .....Tag this Judgment!
Court : Mumbai
Reported in : 1996(2)BomCR183
..... 1/3rd share would devolve on the plaintiff i.e. his mother being his only class-i heir under the schedule to the hindu succession act, 1956 as per the proviso to section 6 of the said act.33. the above construction of section 6 of the hindu succession act, 1956 is supported by the judgment of the full bench of this court in the case of shushilabai v. narayan gopalrao, 1975 mah ..... of rajendrasingh in the said property would be 1/3rd and that of his wife i.e. the plaintiff would be 2/3rd in view of the provisions of section 6 of the hindu succession act, 1956. therefore, if at all, it is his aforesaid 1/3rd share in the property allotted to him on family partition effected on 1-10-1952 which the deceased ..... it may then be seen that when jagdishsingh, the son of the deceased rajendrasingh died, hindu succession act, 1956 had come into force. section 6 of the said act envisages devolution of interest in coparcenery property of a male hindu who dies after the commencement of the said act. explanation 1 to said section 6 provides for determination of his interest in the coparcenery property at the time of his death ..... son who was not included in class-i heir in the schedule under the hindu succession act, 1956. the said case was concerned with the general rule of inheritance under section 8 of the said act. we are however concerned in the instant case with the operation of section 6 of the said act because the share of jagjitsingh in the ancestral property in the hands of his father .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2007KAR4790; 2008(2)KarLJ406
..... the above submissions, learned counsel shri k.s. desai submitted that in the two decisions referred to by the learned counsel for the first defendant, what was under consideration was sections 6 and 8 of the hindu succession act, 1956, whereas in the case on hand, this court considered the case of the parties in the light of the karnataka amendment ..... with the law which was in force before the hindu succession act, 1956 came into force, the said succession cannot be reopened and the vesting which has taken place, cannot be divested. following the aforesaid law laid down by this court, in the cases on hand, the repugnancy of the provision of section 6-a(d) of the karnataka act will take effect from the date on which ..... act of 1990, by which section 6-a was brought in by way of amendment to the principal act, and by virtue of section 6-a(b), the daughter also became entitled to the same share as is allottable to a son ..... be borne in mind and in the statement of 'objects and reasons' to the hindu succession amendment act 2005 it has been clearly stated that having regard to the need to render social justice to women, it is proposed to remove the discrimination contained in section 6 of the hindu succession act of 1956 by giving equal rights to daughters amongst coparcener's property as the sons have. it .....Tag this Judgment!
Court : Kerala
Reported in : AIR1972Ker198
..... person succeeding to the interest of a member dying after the commencement of hindu succession act. i have to see how far the courts below are right in this approach to the question.3. section 6 of the hindu succession act 1956 reads as follows:'6. when a male hindu dies after the commencement of this act, having at the time of his death an interest in a mitakshara coparcenery ..... is inapplicable to a case of possession by persons claiming to inherit a share of a hindu under section 6 or 7 of the hindu succession act, 1956. apparently reliance has been placed upon certain passages in mulla's hindu law for this view. in the case of an alienee from a hindu coparcener the position is apparently different. mulla at page 293 of his treatise on ..... property his interest in the property shall devolve by survivorship upon the surviving members of the coparcenery and not in accordance with this act:-- provided that, if ..... hindu law 13th edition observes in regard to this as follows:--'if the purchaser (from an alienating .....Tag this Judgment!
Court : Mumbai
Reported in : 1994(2)BomCR489; (1993)95BOMLR662
..... this case.14. madras high court also has taken similar view in veerasekhara v. amirthavalliammal, : air1975mad51 and it was held that proviso to section 6 dealt not only with intestate succession, but also with testamentary succession, and section 30 of the hindu succession act, 1956, expressly enabled a coparcener to dispose of his interest in the coparcenary property testamentarily. it was held, that in the event of a testamentary ..... was a joint family property of the family of rambhau and his sons, section 6 of the hindu succession act will have its own operation in the context of devolution of deoram's share in the said property. section 6 of the hindu succession act, 1956 reads as follows.:'when a male hindu dies after the commencement of this act, having at the time of his death an interest in a mitakshara coparcenery ..... . v. p. nachiar ammal : air1976mad393 it was held that, in a notional partition statutorily contemplated under the proviso read with explanation 1 to section 6 of the hindu succession act, 1956, the interest of the deceased coparcener in the joint family devolved by succession, in the absence of testamentary disposition by the concerned member, on all the class i heirs mentioned in the proviso and that, the .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2009(2)ALT177
..... self-explanatory, the same need not be repeated again.28. as already referred to supra, the counsel representing the parties made certain submissions relating to sections 6, 8, 30 of the hindu succession act, 1956, and section 12 of the hindu minority and guardianship act, 1956, as well.29. in kona adinarayana v. dronavalli venkata subbayya and anr. air 1937 mad 869 the learned judge of the madras high court ..... . the learned counsel placed strong reliance on certain decisions to substantiate his submissions. the learned counsel also contended that while working out the shares in the light of sections 6, 8 and 30 of the hindu succession act, 1956, the then minor plaintiffs would be entitled to reduce their shares only i.e., only their shares in the half share of the father and not in ..... devareddy madalasa and she begot both the plaintiffs through him. the plaintiffs had become coparceners with the defendant in respect of all those properties as per the provisions of section 29a of the hindu succession act, 1956, as amended by the a.p. state and thus each of the plaintiffs and defendant no. 1 was entitled to an undivided 1/3rd share in those properties .....Tag this Judgment!
Court : Chennai
Reported in : AIR1975Mad51
..... this argument involves the consideration of the rights of the plaintiffs under section 6 of the hindu succession act, 1956 (central act 30 of 1956), hereinafter inferred to as the act. since mr. balasubramaniam sought to address elaborate argument with regard to this section, it is desirable to extract the said section along with the proviso and the explanations in full and we do ..... so accordingly."6. when a male hindu dies after the commencement of this act, having ..... with reference to the provisions contained in the transfer of property act, indian contract act, the civil procedure code as well as the hindu succession act. with regard to the hindu succession act, after quoting section 6. the full bench pointed out:"one would do well to bear in mind that section 6 of the hindu succession act is concerned with the devolution of a deceased coparcener's interest ..... that when the death of a coparcener takes place 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 ..... the property of the joint family .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1964Bom263; (1964)66BOMLR351
..... as the defendants had admitted it to be 1/10th, he decreed accordingly. the question that arises is not easy to answer. 2a. section 6 of the hindu succession act, 1956, is as follows: 'when a male hindu dies after the commencement of this act, having at the time of his death an interest in a mitakshara coparcenary property, his interest in the property shall devolve by survivorship ..... patel, j. 1. the question in this case is one of interpretation of section 6 of that hindu succession act 1956. 2. one bhimgonda died leaving behind him, the plaintiff his widow, a son defendant no. 1, three daughters defendants, 2, 3 and 4 by his predeceased wife anjanabai. bhimgonda and ..... upon ths surviving members of the coparcenary and not in accordance with this act. provided that, if the deceased had left him surviving a female ..... his son formed a coparcenary and owned the suit property. jangonda defendant no. 5 is the father of anjanabai and defendants nos. 6 and 7 are two co-sharers of .....Tag this Judgment!