Court : Supreme Court of India
Reported in : AIR1981SC178; 1980Supp(1)SCC720; 1SCR1
..... injunction not to adopt an only son and other prohibitive injunctions concerning adoptions which are received as only recommendatory; the only discoverable grounds of distinction being the texts of the mitakshara, which are misleading, and the greater amount of religious peril incurred by parting with an only son, which is a very uncertain and unsafe subject of comparison. the ..... of inheritance to all agnates, however remote, and placing the cognates after them, was not in conformity with the feelings of the people; and vijnaneswara, when writing his commentary mitakshara on the smriti of yajnavalkya, probably found that a usage had grown up restricting the samanodaka relationships to the fourteenth degree. he accordingly refrained from endorsing the all embracing rule ..... observations:there is no doubt that, in ancient times, there were many legal substitutes for the sons of the body (auras). manu (chapter 9, v, 180), and yagnyavalkya (mitakshara, chapter i, section 2) enumerate no less than twelve including the legitimate son of the body; and the latter authority ranks the son of an appointed daughter ('putrika-putra') next ..... parana.51. the smriti chandrika of devannabhatta according to dr. julius jolly is a remarkable book on hindu dharmasastra for its originality and for its early date. though following mitakshara on most points of importance, it introduces a great deal of new matter as well particularly with regard to the rights of woman over stridhana, relying upon many smriti .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1950Bom66
..... whether they were already recognised as heirs or not, and we feel no doubt that the act wanted to alter the line of succession under the mitakshara law by introducing these four persons in the order mentioned in the section by providing expressly that they would come after a father's father and before ..... of succession in hindu law. it affects all hindus governed by the mitakshara...it is obvious that the object of the act is to give effect to the principle of propinquity by bringing into the order of succession some of ..... where they were already recognised as heirs but even in those provinces where they were not heirs according to the prevailing view of the law of the mitakshara :'it will thus be seen', observed sir madhavan nair in the course of his judgment, 'that the act has amended and altered the old order ..... they took the view that the term 'sister' should be interpreted according to the notions of hindu law and that as a general rule the law of mitakshara recognises no distinction between relations of whole blood and those of half blood which would include sisters and half-sisters as well except, when there is a ..... governed by the mayukha and there is no doubt that before the said act was passed the sister was recognised as a gotraja sapinda both in the mitakshara and in the mayukha. it was also recognised in bombay that the sister comes before the widows of gotraja sapindas and that her position in the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1952SC38; 1SCR153
..... law or custom. the expression 'descendants'used in the regulation cannot deprive females, like a widow or a mother, from taking the inheritance where they are legal heirs under mitakshara law or under custom. females have invariably been allowed to succeed to these tenures in the past. the appellant's counsel conceded that if the property was the separate property ..... custom of impartibility. this right therefore still remains and to this extent the estate still retains its character of joint family property and its devolution is governed by the general mitakshara law applicable to such property and that though the other rights which a coparcener acquires by birth in joint family property no longer exist, the birthright of the senior ..... estate, though ancestral, from the very nature of the estate. the second and third are incompatible with the custom of impartibility. to this extent the general law of the mitakshara has been superseded by custom and the impartible estate, though ancestral, is clothed with the incidents of self-acquired and separate property. but the right of survivorship is not inconsistent ..... of the ghatwal finds support from the fact that in many instances, whenever the succession has opened out in respect of them, it has been determined according to the mitakshara rule applicable to the devolution of separate property irrespective of the circumstance whether the deceased died in joint or separate status with the other members of the family. thirteen instance .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1957Bom280; (1957)59BOMLR633; ILR1958Bom667
..... requires it, or for supporting the family, or for performing indispensable duties, such as the obsequies of the ancestors.'21. upon this point yajnavalkya, as interpreted by vijnaneswara in the mitakshara, has been followed by this court in kalu v. barsu (b) and by the high courts of calcutta and madras in amar chandra chakravarti v. saradamayee debi (r) and ..... is that under certain exceptional contingencies an individual member of a hindu undivided family can give away the family property. this is pointed out by the learned author of the mitakshara under the chapter ^^nk;k fohkkx izdj.ke ~** (distribution of where the learned author says : ^^ nk;k ** translated in english, this 'would mean :^^ ,dksmfi lfkkojs dq;znkuk/keukod;e~ ..... nursed him in his illness and for whom he had great affection. the deed of gift having been challenged by his son and grandsons, mr. justice rangnekar observed:'under the mitakshara law, no individual coparcener, whilst the family remains undivided, can even predicate of the coparcenary property that he, that particular member, has a definite share, much less either alienate ..... under hindu law isdifferent. in the principles of hindu law by d.f. mulla, 11th edition, 1952, this is what the learned commentator says at page 312:'according to the mitakshara law as appliedin an the states, no coparcener can dispose ofhis undivided interest in coparcenary property bygift, such transaction being void altogether thereis no estoppel or other kind of personal .....Tag this Judgment!
Court : Kerala
Reported in : 2004(1)KLT863
..... as far as tamil vaniya christians of chittur taluk are concerned, they are governed by hindu mitakshara law and not indian succession act. in such circumstances, judgment rendered by the court below cannot stand. we therefore set aside the judgment and direct ..... left them free to follow the tenets of hindu law. the supreme court in anthonyswamy's case, air 1970 sc 223 also held that hindu mitakshara law governed matters of succession in the case of tamil vaniya christians of chittur taluk. in view of the authoritative pronouncement of the apex court ..... , the indian act would govern the parties must therefore fail. an ancillary argument was that statutory law replaced the customary law of succession viz., hindu mitakshara law. there is no warrant to think so. the expression 'any other law for the time being in force' in section 29(1) of ..... its applicability to vaniya christians community in chittur taluk. that was a case where the trial court found that party would be governed by hindu mitakshara law unlike in the instant case where the trial court held that parties are governed by the indian succession act. the division bench after considering ..... . 1 belongs to ponnan and it is available for partition. with regard to the question whether plaintiff and defendants are governed by the hindu mitakshara law in matter of succession and inheritance the court below took the view that the law applicable to the parties is section 5 of the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1987SC1775; 168ITR760(SC); JT1987(2)SC440; 1987(1)SCALE1000; (1987)3SCC294; 3SCR236; 1987(2)LC268(SC)
..... i of the schedule or a male relative specified in that class who claims through such female relative, the interest of the deceased in the mitakshara coparcenary property shall devolve by testamentary or intestate succession, as the case may be, under the act and not by survivorship. the devolution of ..... to a stranger or to another coparcener. therefore, the personal law of the hindus, governed by mitakshara school of hindu law, is that a coparcener can dispose of his undivided interest in the coparcenary property by a will, but he cannot make ..... alienation by way of gift, it only relaxed the rule in favour of disposition by a will the interest of a male hindu in a mitakshara coparcenary property. the legislature did not, therefore, deliberately provide for any gift by a coparcenary of his undivided interest in the coparcenary property either ..... to a passage from mulla's hindu law, fifteenth edition, article 258, which is as follows:gift of undivided interest.- (1) according to the mitakshara law as applied in all the states, no coparcener can dispose of his undivided interest in coparcenary property by gift. such transaction being void altogether there ..... reddy and veera reddy and the sons and daughters of the latter being respondents nos. 2 to 7 herein, constituted a joint hindu family governed by the mitakshara school of hindu law. on may 4, 1959, rami reddy executed a deed of settlement (ex. a-l) in favour of his brother, veera .....Tag this Judgment!
Court : Karnataka
Reported in : AIR2009Kant112; 2009(1)KarLJ602:2008(5)KCCR3337:2009(3)AIRKarR180
..... to a passage from mulla's hindu law, fifteenth edn., article 258, which is as follows:gift of undivided interest.-(1) according to the mitakshara law as applied in all the states, no coparcener can dispose of his undivided interest in coparcenary property by gift. such transaction being void altogether ..... under ex.p1, the plaintiff had the knowledge of it and hence, not maintainable.alienation of family property made by a hindu father/kartha/manager governed by mitakshara law, is voidable in three situations, namely, (a) legal necessity, (b) benefit of estate or (c) with the consent of all the coparceners ..... article 58 and article 109 is, thus apparent.(f) there is no dispute that, the parties to the suit are hindus and are governed by mitakshara law; that, the suit property, alienated under ex.p1 is a joint family property and that, the said alienation is by father of the plaintiff ..... the schedule under the act, which stipulates that, for setting aside an alienation of ancestral property made by the father of a hindu governed by mitakshara law, the cause of action acmes and the time begins to run, when the alienee takes possession of the property and the period stipulated is ..... babu ram @ durga prasad v. indra pal singh reported in : 3scr1145 . learned counsel further contended that, the parties are hindus governed by mitakshara law and to set aside the alienation of ancestral property made by the father, the period of limitation is, twelve years, which commences from the date .....Tag this Judgment!
Court : Kerala
Reported in : AIR1961Ker149
..... controversy was considerably narrowed down by counsel on both sides according to whom the points arising for decision are: (1) what is the law governing the parties? is it hindu mitakshara law modified by custom that women married in the thalikettu form lose their rights in the family of then- parents and those married in the sambandhom form retain the same ..... possession of the properties. on appeal by the third defendant the learned district judge of trivandrum set aside the decree, holding that the law applicable to the parties was hindu mitakshara law and that the custom pleaded by the plaintiffs was not proved. the suit was accordingly dismissed and the plaintiffs have preferred this second appeal, 6. the scope of the ..... the mitakshara system, her (plaintiff's) case here is that she is governed by a custom in variance with it, the only question thatarises in this case is whether the custom pleaded ..... assented to by all the members was invalid. the other allegations in the written statements were denied. 5. the trial court held that the parties were governed, not by hindu mitakshara law or the same modified by custom, but by principles of marumakkathayam law. though the learned munsiff stated: 'in the first place it is conceded that the community broadly follows .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1952SC60; (1952)IMLJ414(SC); 1SCR208
..... . the fallacy in the line of approach adopted in these cases seems to be that they treat the inheritance act of 1929 as amending or altering the mitakshara law of succession in all cases and for all purposes, whereas the act has absolutely no operation when succession to the separate property of a male is ..... to the property of a hindu female at all. it is to be noted that the act does not make these four relations statutory heirs under the mitakshara law under all circumstances and for all purposes; it makes them heirs only when the propositus is a male and the property in respect to which it ..... any difference in this respect. under the mitakshara law, the paternal uncle comes just after the paternal grandfather and his son follows him immediately. by act ii of 1929, however, four other relations have been ..... by the hindu law of inheritance (amendment) act, (act ii of 1929), the place of the paternal uncle's son in the line of heirs under the mitakshara law of succession is much higher than that of the sister's son, and the mayukha law, which prevails in the state of bombay, does not make ..... in the first place to her uterine brothers, in default of them to the mother and then to the father. this is according to the text of baudhayana see mitakshara, chap. ii, sec. xi, para 30 which is accepted by all commentators. viramitrodaya adds to this that 'on failure of mother and father it goes to .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2008KAR3453; 2009(4)KarLJ613; 2008(4)KCCR2536
..... the property to be divided is ex. vi termini, the property which has been previously held as joint property in co-parcenary. the son's right at birth, under the mitakshara, is so connected with the right to share in, and to obtain partition of, the estate, that it does not exist independently of the latter right. thus under the hindu ..... of interest in coparcenary property. it provides that 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 members of the co-parcenary and not in accordance with this act. therefore, it is clear ..... law, a son can maintain a suit against his father for partition of his separate property also.25. under the hindu law, a hindu son in the area covered by mitakshara law acquires right in the co-parcenary property by birth. therefore, he can maintain a suit against his father in respect of his right which he acquires by birth. that ..... law such as coparcenary, coparcener, coparcenary property, joint family and joint family property, right of coparcener to acquire by birth and interest in the coparcenary or joint family property, under mitakshara law. therefore, the object sought to be achieved by this provision is two fold. firstly the restoration of status. for the act of the parents over which the innocent child .....Tag this Judgment!