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Judgment Search Results Home > Cases Phrase: hindu succession amendment act 2005 Page 1 of about 80,949 results (0.312 seconds)

Sep 18 2007 (HC)

Sugalabai Vs. Gundappa A. Maradi and ors.

Court : Karnataka

Reported in : ILR2007KAR4790; 2008(2)KarLJ406

..... or afterwards, in view of the amendment affected to the hindu succession act, 1956, (for short 'the principal act') by the state of karnataka by the hindu succession (karnataka amendment) act, 1990 (karnataka act no. 23/1994), with effect from 30th july 1994 and the subsequent amendment brought to the principal act by the central government by the hindu succession (amendment) act, 2005 (c.a. 39/2005) with effect from 9.9.2005.2. briefly stating the facts, rsa ..... of the married daughter to a share in the property as a coparcener is concerned, two important points arise for consideration at this juncture, and they are:(1) whether the hindu succession (amendment) act, 2005 enacted by the parliament providing for the daughter of a coparcener to be a coparcener by birth in her own right is applicable to the cases before us?(2) whether ..... not earlier to that. no doubt, in this regard, the learned counsel referred to the year mentioned in section 3 of the amendment act of 2005 viz., 'on and from the commencement of the hindu succession (amendment) act, 2005', to submit that the very mention of the date 20th day of december, 2004 in the proviso to section 6(1) and the very mention of the expression 'commencement .....

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Apr 15 2009 (SC)

G. Sekar Vs. Geetha and ors.

Court : Supreme Court of India

Reported in : AIR2009SC2649; 2009(3)AWC2740(SC); 2009(57)BLJR2083; 2009(6)BomCR413; 2010(I)OLR(SC)452; 2009(5)SCALE559; (2009)6SCC99; 2009(6)LC2774(SC); 2009AIRSCW4075

s.b. sinha, j.1. leave granted.2. effect of the amendment in the hindu succession act, 1956 (for short 'the act') by reason of the hindu succession (amendment) act, 2005 (for short 'the 2005 act') insofar as therein section 23 has been omitted is the question involved herein.3. the said question arises in the following factual matrix.the property in suit was owned by ..... vesting of right of a coparcener of a mitakshra family under the old hindu law vis-`- vis hindu succession act, 1956. the contention raised therein that the provisions of the amendment act, 2005 will have no application as the succession had opened in 1989 was negatived, holding:21. the act indisputably would prevail over the old hindu law. we may notice that the parliament, with a view to confer right ..... , even in relation to the joint family property, enacted hindu succession act, 2005. such a provision was enacted as far back in 1987 by the state of andhra pradesh. the succession having opened in 1989, evidently, the provisions of amendment act, 2005 would have no application. sub-section (1) of section 6 of the act governs the law relating to succession on the death of a coparcener in the event .....

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Dec 23 2005 (HC)

Narayanan Vs. Meenakshi

Court : Kerala

Reported in : AIR2006Ker143; 2006(1)KLT210

..... that the additional appellant, the widow of the deceased, is not entitled to resist the suit for partition, claiming the benefit under section 23 of the hindu succession act.15. the hindu succession amendment act, 2005, act 39 of 2005, was enacted on the basis of the 174th report of the law commission. the representations made by the various women's organizations were considered by the ..... against women was not fully done away with by the 1956 act. as per section 4 of the hindu succession amendment act, 2005 (act 39 of 2005), section 23 of the hindu succession act, 1956 is omitted. the question is whether the omission of section 23 of the hindu succession act in view of the commencement of act 39 of 2005 during the pendency of a suit for partition or an ..... heir would get defeated the moment his personal right ceases. such personal right of a male heir is taken away by the omission of section 23 of the hindu succession act, 1956, by the hindu succession amendment act, 2005. the effect of such omission would be retroactive.16. in lekh raj v. muni lal and ors. : [2001]1scr864 , the supreme court held:the ..... in the dwelling house or any portion thereof?4) whether omission of section 23 of the hindu succession act by the hindu succession amendment act, 2005 would have any impact on a suit for partition or appeal therefrom pending on the date of the commencement of the hindu succession amendment act, 2005?2. the property sought to be partitioned is having only an extent of three cents and .....

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Jul 02 2007 (HC)

Shri Brij NaraIn Aggarwal Vs. Sh. Anup Kumar Goyal and ors.

Court : Delhi

Reported in : AIR2007Delhi254; 2007(97)DRJ433

..... , as the case may be, who was born or adopted prior to the commencement of the hindu succession (amendment) act, 2005. (5) nothing, contained in this section shall apply to a partition, which has been effected before the 20th day of december, 2004explanation- for the purposes of this section 'partition' means ..... right or alienation shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the hindu succession (amendment) act, 2005 had not been enacted.explanation- for the purposes of clause (a), the expression 'son', 'grandson' or 'great-grandson', shall be deemed to refer to the son, grandson or great- grandson ..... if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not.(4) after the commencement of the hindu succession (amendment) act, 2005, no court shall recognize any right to proceed against a son, grandson or great- grandson for the recovery of any debt due from his father, grandfather or great- grandfather solely .....

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Feb 18 2008 (HC)

Smt. Mukesh and ors. Vs. Shri Bharat Singh and ors.

Court : Delhi

Reported in : 149(2008)DLT114; 2008(101)DRJ362

..... sub-section 2 to section 4 of the hindu succession act, 1956 due to the promulgation of the hindu succession (amendment) act, 2005 is that with effect from the date when the amending act was promulgated succession would be as per the hindu succession act, 1956. 8. prima facie, the amending act of 2005 cannot be read retrospectively as the amending act has not been given a retrospective operation. meaning thereby, successions which had taken place prior to the promulgation ..... of the amendment act of 2005 cannot be disturbed. 9. section 3 of the amending act has substituted ..... by the appellants it was pleaded that by virtue of the hindu succession (amendment) act, 2005, since sub-section 2 to section 4 of the hindu succession act, 1956 was deleted, succession to the holding of late khem chand had to be as per the hindu succession act, 1956. it was further stated that the provisions of the delhi land reforms act do not apply to the suit land. 4. by and under .....

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Dec 19 2006 (HC)

Rathnakar Rao Sindhe Vs. Smt. Leela Ashwath

Court : Karnataka

Reported in : ILR2007(1)Kar587; 2007(2)KLJ285; 2007(1)KCCR746; 2007(2)AIRKarR143; AIR2007NOC941

..... .2005, hence, the restriction put on the right of a female heir to claim partition in respect of a ..... dwelling house ceased to be effective from 9.9.2005. therefore, question of enforcing the said restriction after it ceased to be in ..... as per section 23 of the act, when there is a male heir, unless he chooses to take out his share from the dwelling house, a female heir cannot claim partition against him. but section 23 of the act had been omitted during the pendency of the suit. it came to be omitted by the hindu succession (amendment) act, 2005 (no. 39/2005) with effect from 9.9 ..... received more money than her share was not proved by any satisfactory evidence.4. the contention of the learned counsel for the appellant is that section 23 of the hindu succession act, 1956 ('the act' for short) was in force as on the date of filing of the suit and hence, the trial court has erred in law in decreeing the suit in so .....

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Mar 19 2010 (HC)

Pushpalatha N.V. W/O Nemraj Vs. V. Padma Widow of Vasantha Kumar D.N.,

Court : Karnataka

..... 14, 15 and 16 and the attempts made by successive governments to eradicate gender bias and came up with the hindu succession (amendment) act, 2005. that is the purpose of this amendment.point no. 1hindu succession (amendment) act 2005 (act no. 39 of 2005)42. the hindu succession (amendment) bili, 2005 was passed by the rajya sabha on 16th august 2005, and by the lok sabha on 29th august 2005, and assented by the president of india on 5th ..... september 2005. it came into force from 9th september, 2005. the provisions introduced by way ..... shall not apply to a daughter manied prior to or to a partition which had been effected before the commencement of the hindu succession (karnataka amendment) act, 1990. the said provisions became a part of the act. thereafter, the parliament passed the hindu succession (amendment) act, 2005. in the amended provisions no distinction is made between the married daughter and unmarried daughter. similarly, the word partition is intended to be confined .....

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Jul 08 2009 (HC)

Miss. R. Kantha D/O. Sri. Doddarmaiah Reddy Represented by G.P.A. Hold ...

Court : Karnataka

Reported in : AIR2010Kant27; ILR2009KAR3699; 2009(6)KarLJ606; 2009(4)KCCRSN242; 2009AIRKarR218.

..... great-grandson, as the case may be, who was born or adopted prior to the commencement of the hindu succession (amendment) act, 2005.(5) nothing contained in tins section shall apply to a partition, which has been effected before the 20th day of december, 2004.explanation-for the purposes of this section ' ..... right or alienation shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the hindu succession (amendment) act, 2005 had not hem enacted.explanation - for the purposes of clause (a), the expression 'son', 'grandson' or 'great-grandson' shall be deemed to refer to the son, grandson or ..... if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not.(4) after the commencement of the hindu succession (amendment) act, 2005, no court shall recognise any right to proceed against a son, grandson or great-grandson for die recovery of any debt due from his father, grandfather or great-grandfather ..... the suit as not maintainable. it was at that stage that the present writ petition is filed questioning the constitutional validity of the proviso to section 6(1)(c) of hindu succession amendment act, 2005.the respondents, namely, the union of india and the state of karnataka having been served, and though are represented by counsel, have not chosen to file statement of .....

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Nov 20 2007 (HC)

Angammal and Vs. C. Sellamuthu and

Court : Chennai

Reported in : (2008)1MLJ560

..... by testamentary or intestate succession and not by survivorship.12. the said central act was amended by the hindu succession (amendment) act, 2005 (act 39/2005) which came into effect from 9.9.2005. after amendment, section 6 of the hindu succession act stands as follows:6. devolution of interest in coparcenary property.- (1) on and from the commencement of the hindu succession (amendment) act, 2005, in a joint hindu family governed by the ..... learned counsel for the respondents, the supreme court has held in sheela devi v. lal chand (2007) 1 mlj 797 (sc) if succession has opened prior to hindu succession (amendment) act, 2005, the provisions of amendment act would have no application. it is based on the ratio decidendi given by the supreme court in the said judgement, the learned trial judge ..... shall be deemed to refer to the son, grandson or great-grandson, as the case may be, who was born or adopted prior to the commencement of the hindu succession (amendment) act, 2005.(5) nothing contained in this section shall apply to a partition, which has been effected before the 20th day of december, 2004.explanation.- for the purposes of ..... of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not.(4) after the commencement of the hindu succession (amendment) act, 2005, no court shall recognise any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, grandfather .....

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Apr 23 2007 (HC)

Parchuri Sambasiva Rao and ors. Vs. Parchuri Srinivasarao and ors.

Court : Andhra Pradesh

Reported in : 2007(4)ALD801; 2007(5)ALT770

..... right or alienation shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the hindu succession (amendment) act, 2005 had not been enacted.(5) nothing contained in this section shall apply to a partition, which has been effected before the 20th day of december, 2004.26. it is ..... partition, shall be allotted to the child of such predeceased child of the predeceased son or a predeceased daughter, as the case may be.(4) after the commencement of the hindu succession (amendment) act, 2005, no court shall recognize any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, grand father or great-grand ..... , of such son, grand son or great-grand son to discharge any such debt:provided that in the case of any debt contracted before the commencement of the hindu succession (amendment) act, 2005, nothing contained in the sub-section shall affect-(a) the right of any creditor to proceed against the son, grand son or great-grand son, as the case may be; ..... capable of being disposed of by her by testamentary disposition.(3) where a hindu dies after the commencement of the hindu succession (amendment) act, 2005, his interest in the property of a joint hindu family governed by the mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under this act and not by survivorship, and the coparcenary property shall be deemed to have .....

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