Court : Mumbai
Reported in : AIR1918Bom89; (1919)21BOMLR85
..... showing that the decisions of the porebunder courts establish that halai memons in porebunder are governed by the hindu law in matters of inheritance and succession, (2) by proving that there is a custom among halai memons of porebunder that in matters of inheritance and succession hindu law is applicable.115. as regards the first point we have to find whether there is any law ..... in porebunder (which for the purpose of this case may be considered as a foreign country) governing the succession to estates of halai memons, and, if there is, what ..... 7/32nd share in the estate left by him.108. the first defendant in his written statement contended that the parties were governed by the hindu law of inheritance and succession on the ground that such hindu law was retained by halai memons of porebunder and kathiawar generally when they were originally converted to mohammedanism or that such law was theirs by custom ..... to the general evidence regarding kathiawad memons.20. many of the witnesses examined on commission at porebunder on behalf of the 1st defendant depose that in matters of succession and inheritance memons follow the hindu customs, that all kathiawad memons are halais and all cutch memons are cutchies--that memons residing in other kathiawad towns such as dhoraji, upleta, kutiana, bantwa, gondal .....Tag this Judgment!
Court : Mumbai
Reported in : 51Ind.Cas.513
..... showing that the decisions of the porebunder courts establish that halai memons in porebunder are governed by the hindu law in matters of inheritance and succession, (2) by proving that there is a custom among halai memons of porebunder that in matters of inheritance and succession hindu law is applicable.108. as regards the first point we have to find whether there is any law ..... in porebunder (which for the purpose of this case may be considered as a foreign country) governing the succession to estates of halai memons, and, if there is, what ..... 7/32nd share in the estate left by him.101. the 1st defendant in his written statement contended that the parties were governed by the hindu law of inheritance and succession, on the ground that such hindu law was retained by halai memons of porebunder and kathiawar generally when they were originally converted to muhammadanism or that such law was theirs by custom ..... to the general evidence regarding kathiawad memons.21. many of the witnesses examined on commission at porebunder on behalf of the 1st defendant depose that in matters of succession and inheritance memons follow the hindu customs, that all kathiawad memons are halais and all cutch memons are cutchies, that memons residing in other kathiawad towns such as dhoraji, upleta, kutiana, bantwa, gondal, .....Tag this Judgment!
Court : Karnataka
Reported in : 2007(2)KarLJ28
..... in the given circumstances. we see from the plaint that the plaintiff and the first defendant are the sons of late annayya shetty. they constitute a hindu joint family governed by mithakshara law of inheritance and succession. annayya shetty died in the year 1979. he was un-divided by the rest of the family. his wife has pre-deceased him. their relationship is ..... are as under:plaintiff and defendant-1 are sons of late annayya shetty. they formed joint family with their late father annayya shetty. they are governed by mithakshara law of inheritance and succession. plaintiff's father died in or about 1979 as undivided member of the family. so his 1/3rd share belongs to his legal heirs since wife had pre-deceased .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1937Bom65; (1936)38BOMLR1034
..... formerly belonging to one gafoor kasim, a sunni bohra of vallasan in the borsad taluka. the case raises an important and difficult question as to the application of the hindu law of inheritance, succession and survivorship to sunni bohras of gujarat.49. gafoor, former owner of the estate to be administered, died in february, 1922, leaving him surviving ismail (defendant no. 1) a ..... 'who heard the appeal was not prepared to accept the principle of survivorship at all. his finding on the material issue is that the parties are governed by the hindu law of inheritance and succession, but not by the law of survivorship. he holds that the evidence establishes a special custom by which a joint brother excludes females. when he speaks of brothers ..... property and in their mutual family rights and in other matters; that accordingly the rule of survivorship continued to be applied in the joint family and the rules of inheritance and succession appertaining to hindu law were applicable to them (paragraph 3); that in accordance with the rule of survivorship agreeably to the well-known usage followed in their community from time immemorial ..... , and having partially administered the estate, and of the defendant's statement (in his petition for obtaining the letters) that the parties were governed in the matter of succession and inheritance by the hindu law. the plaintiffs do not admit the last, but in this context the alternative thirdly stated by me is put forward.7. in this court the claim of the .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1965All1
..... to alienate is not to be found in the language of section 6 of the transfer of property act but in the hindu law of inheritance and succession it is well settled that a person cannot confer on another any right higher than what he himself possesses (see haribar prasad singh v. deonarain prasad, (s) air 1956 sc ..... her husband acquires only a life interest. there is no justification whatsoever for imposing this principle of hindu law on bhumidhars professing a religion other than hinduism.4. it happens that under hindu law a hindu widow acquires only a life interest by inheritance and on her death succession reopens to the last male-holder, but life interest is not a sine qua non of ..... life tenancy cannot be inferred merely because the law lays down a particular line of succession similar to that prevailing in respect of hindu widows, particularly when the law does not distinguish between hindu tenants and others.5. a hindu widow is not absolutely forbidden to transfer the property inherited from her husband; in certain circumstances she can make an absolute transfer of it, e ..... succession reopening to the previous holder. there is nothing repugnant between a person having only a life interest and .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1917Bom165; (1918)20BOMLR289; 45Ind.Cas.619
..... . 2 says (question 63) :in 1897 the leaders of the memon community were asked by the administrator to state what law they followed in matters of inheritance and succession. we said that we have adopted hindu law. we were told that the bombay government wanted to know whether the porebunder memons and the other memons of kathiawar wanted to follow mahomedan law. we ..... legislation which was proposed for cutchi memons and which was based on the principle that each cutchi memon should have the option either to retain hindu law or else to adopt mahomedan law as regards inheritance and succession. the original bill was a private bill no. 17 of 1885 (see bombay government gazette for 1885, part vi, p. 52) and as drafted it ..... to decide in the present suit is in effect whether that passage is correct. in other words, are halai memons without exception governed as regards inheritance and succession by mahomedan law as stated in tha notice, or by hindu law as is the case with cutchi memons in particular, it will be material to consider whether, as regards this personal law, there is ..... is concerned, it would appear that hitherto nobody has had the courage even to argue that halai memons are governed by hindu law, whether as regards succession or anything also.that khojas and cutchi momons aro governed by hindu law in matters of inheritance is well known. this is the result of the leading case known us the kojahs and memon,s' case, which .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1970SC223; (1969)3SCC15; 2SCR648
..... immorality.4. the subordinate judge came to the following findings : the plaintiff has established the custom that vanniya tamil christians of chittur taluk were governed in the matter of inheritance and succession by hindu mitakshara law. the plaintiff has acquired right by birth in the ancestral properties and was entitled to claim a share therein and the properties acquired with the aid of ..... defendant is the brother of the 8th defendant. the plaintiff and defendants 8 and 9 are tamil vannian christians of chittur taluk who are governed in the matter of inheritance and succession by hindu mithakshara law. the plaintiff has acquired a right by birth in the ancestral properties and during the life-time of his father the son has a right to claim ..... kerala which allowed the appeal and dismissed the suit. the high court held that the vanniya tamil christians of chittur taluk are governed by the mitakshara school of hindu law in regard to inheritance and succession. the son of a member of such community gets by birth an interest in ancestral property owned by the father. the doctrine of pious obligation applies and ..... the younger brother of the 8th defendant. the plaintiff and (defendants 8 and 9 are of the vanniya caste and in the matter of property rights of inheritance and succession alone they are governed by the hindu mithakshara law. (the plaintiff by birth is entitled to a share in the ancestral property and that even during the lifetime of his father the son .....Tag this Judgment!
Court : Gujarat
Reported in : (1968)9GLR1066
..... notions of joint family, joint family property, joint family business, are utterly unknown to mahomedan law to conclude, therefore, that because cutchi memons had retained the rules of hindu law relating to inheritance and succession which could only be applied to separate property, they bad also retained the law of the joint family with all its far-reaching consequences was absolutely illogical. at ..... of the joint family, it was manifestly contrary to reason if it depended not upon evidence that there was such a custom, but upon the argument that the hindu law of inheritance and succession included the law of the joint family. in bat sakar v. ismail gafoor 32 bom. l.r. 1034, the division bench, consisting of broomfield and tyabji jj., also ..... beaman's elaborate judgments, followed by macleod j. the courts did not presume that the khojas and memons in bombay were governed by hindu law except with reference to succession and inheritance, which were presumed to be governed by the hindu law applicable to separate or self acquired property, unless such custom was established. at page 1054 broomfield j. also held that the presumption ..... as to the application of hindu law extended only to the simple law of inheritance and succession in the case of separate property, and that the application of the coparcenary law was not to be presumed and must be proved. in view .....Tag this Judgment!
Court : Orissa
Reported in : AIR1955Ori151
..... it does so its action will be in excess of its jurisdiction.for example, if the academic council prescribes hindu law of inheritance and succession alone for the law examination and the syndicate is prescribing text books for that subject includes chapters dealing with hindu law of marriage its action will be clearly in excess of its jurisdiction. hence, the inclusion of chapter 7 ..... international law relating to peace there can be no doubt that all chapters except chapter 7 deal with international law relating to peace:12. two important questions on which the success of this application depends are those: (i) what did the academic council mean when it amended regulation 4 of chapter 8 of the regulations by substituting 'international law relating to ..... subject that was excluded from the course of study. his marks in other subjects of law part i are very satisfactory and in fact in two of the subjects, namely, hindu law and contract and torts he has secured distinction.he, therefore, appears to be a good student and would in all probability have passed the examination easily but for the .....Tag this Judgment!
Court : Mumbai
Reported in : (1915)17BOMLR799
..... any other single cause, with consolidating local opinion, at any rate, and compelling, if not reconciling, cutchi memons of bombay to regard themselves as virtually governed by the whole hindu law of succession and inheritance, and the joint family. i shall not pause to discuss in detail the evidence given by messrs. inverarity and f.e. dinshah in this case. i have gone ..... to the extremely meagre and inconsequent proofs formerly collected and made the foundation of the court's doctrine that the cutchi memons were in all respects governed by the hindu law of succession and inheritance. the learned judge, indeed, remarks that a good deal of the evidence led to prove the special custom, confirms in his opinion the correctness of the court's ..... his presumptions, treating the first as already disposed of. what actually happened was that the learned judge took it for granted, as far as i can see, that the hindu law of succession and inheritance had been judicially and finally decided to govern cutchi memons. that being so, it was mere surplusage to mention, as a fundamental principle, that in all cases arising ..... ever could have been supposed that the chief justice found that the cutchi memons were not only not governed by the strict mahomedan law of succession and inheritance, but that they were governed by the hindu law of succession and inheritance. all that the issues suggest and the evidence proves is that there was a valid custom or usage inconsistent with the mahomedan law. sir .....Tag this Judgment!