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Judgment Search Results Home > Cases Phrase: wills hindu Page 1 of about 302,920 results (0.199 seconds)

Apr 24 1923 (PC)

Konthalathammal and Vs. Soundarathachi

Court : Chennai

Reported in : (1923)45MLJ481

..... be used with regard to the code of manu perhaps 2,000 years ago.18. the law of wills has grown up quite within recent times and judicial decisions have recognised the validity of hindu wills and hindu wills act has put the matter on a satisfactory basis. the following passage from west and buhler, page 667 ..... he can appoint a guardian in respect of his separate property when he cannot do so in respect of joint family property. wills and testaments were unknown to hindu law and therefore a hindu father has not, by his personal law, a right to appoint a testamentary guardian for his minor children, the right to ..... , illustrates the opposition to the recognition of wills by codes. 'mr. ellis thought that a hindu could not make a will at all.' strange's hindu law, 419 : 'it is obviously opposed to the brahmanical family system and to the interest of the ancestral ..... to appoint a testamentary guardian and to make a will were as regards any demonstrable or legitimate origin and until the hindu wills act in 1870 on the same footing. the real justification for the one, as for the other, is that it ..... to india. !t may be said at once that it is useless to look for this or any other testamentary power in hindu texts, which recognise no power to make a will or execute an instrument to take effect after executant's death at all. it may in fact be suggested that the powers .....

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Apr 24 1923 (PC)

Konthalathammal Vs. Thangaswami Pillai and ors.

Court : Chennai

Reported in : AIR1924Mad327

..... be used with regard to the code of manu perhaps 2,000 years ago.17. the law of wills has grown up quite within recent times and judicial decisions have recognised the validity of hindu wills and hindu wills act has put the matter on a satisfactory basis, the following passage from west and buhler, page 657 ..... he can appoint a guardian in respect of his separate property when he cannot do so in respect of joint family property. wills and testaments were unknown to hindu law and therefore a hindu father has not, by his personal law, a right to appoint a testamentary guardian for his minor children. the right to ..... , illustrates the opposition to the recognition of wills by codes. 'mr. ellis thought that a hindu could not make a will at all.' strange's hindu law, 419: 'it is obviously, opposed to the brahmanical family system and to the interest of the ancestral ..... to appoint a testamentary guardian and to make a will were as regards any demonstrable or legitimate origin and until the hindu wills act in 1870 on the same footing. the real justification for the one, as for the other, is that it ..... to india. it may be said at once that it is useless to look for this or any other testamentary power in hindu texts, which recognise no power to make a will or execute an instrument to take effect after executor's death at all. it may in fact be suggested that the powers .....

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Mar 17 1914 (PC)

Chunilal Parvatishankar Vs. Bai Samrath

Court : Mumbai

Reported in : (1914)16BOMLR366

..... was admitted by both parties at their lordships' bar that the hindu wills act, chapter xx f, of the year 1870, did not apply to this case, which falls to be determined not by the law operative within ..... , surat, dated the 4th february 1907.2. the only question for determination in the appeal relates to the construction of a will dated the 20th august 1899, made by a hindu named parvatishankar durgashankar. he was a resident of surat in the bombay presidency; and it may be at once stated that it ..... the minor daughter a declaration and injunction be given in terms of the plaint. in view of the special difficulties in the construction of the will the appellant will pay to the respondent all costs incurred by her before this board and in the courts below.21. burmese buddhist law-inheritance-father and sister ..... property appertaining to the share of the deceased son who may have (leave) no male issue.16. and, as if this were not sufficient, the will proceeds to lay upon the surviving brother a duty in the event of that survivorship in the following language :after undertaking (to defray) the expensesin connection ..... to the testator having had that particular view of his own language. but in ordinary circumstances ordinary words must bear their ordinary construction, and the whole will, that is, the whole of the words employed by the testator, must be looked at together so as to determine his whole intention. furthermore, it .....

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Jan 27 1898 (PC)

Nirmal Chunder Bandopadhya Vs. Saratmoni Debya

Court : Kolkata

Reported in : (1898)ILR25Cal911

..... somebody else; that consequently the act does not come within the meaning of section 50 of the indian succession act, which was made a part of the hindu wills act; and that, therefore, the execution was not valid under the law. now section 50 runs thus: 'every testator, not being a soldier employed in ..... of the vast majority of people who are not sufficiently literate to sign their names, some provision should be made to enable them to make their wills by marks. in order to understand exactly the difference between signing and affixing the mark, it is necessary to explain what we think is meant ..... assembly. the evidence being to that effect, assuming that the contention to which we shall presently refer was well founded, and assuming even that the will was not properly executed on the 15th november 1895, inasmuch as janaki himself did not, attach his signature or mark to it, the defect would ..... raised the same questions which were raised by the objector in the court below. we shall deal with the questions relating to the factum of the will and the capacity of the testator under one head, leaving the question regarding the proper execution to be dealt with separately, both upon the facts ..... gave no evidence; and the learned district judge, upon the circumstances and facts deposed to by the witnesses for the lady saratmoni debya, held that the will was genuine; that the testator was of disposing capacity; and that there was proper execution.4. the caveator no. 1 has appealed to this court, .....

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Jun 22 2007 (HC)

Madhukar Rajanna Darbhe Vs. Union of India (Uoi), Through the Secretar ...

Court : Mumbai

Reported in : 2007(5)ALLMR339; 2008(2)BomCR418

..... in the territories subject to the lieutenant governor of bengal and in the towns of madras and bombay. section ii extended certain sections of indian succession act, 1865, to wills governed by hindu wills act. section 119 thereof which is pari materia with section 213(1) of succession act 1925 read: -section 119 -right as executor or legatee when established.:--no right ..... provisions of section 213(2)(i) read with section 57(a) & (b) clearly show that the distinction noticed by framers of provisions of hindu wills act, 1870, has been maintained. thus this separate treatment insofar as procedural aspect is concerned, was necessary because of past history not only in 1925 but even thereafter. it is ..... the reason that person for whose benefit it was made was not in existence at the date of such disposition. it is therefore apparent that first enactment in relation to hindu wills was in 1870 and thereafter in 1916. these enactment applied in certain areas only for historical reasons. this treatment has been maintained while enacting indian succession act, 1925. ..... and indian gentlemen pointing out desirability of extension of said act and seeking their opinion. it appears that thereafter act no. xxi of 1870 i.e. 'the hindu wills act' was enacted. in commentary titled 'the hindu wills act', by mahendra chandra majumdar(pleader), 2nd edition revised by dwarka nath chakravarti and published by r. cambray & company, law booksellers and publishers, 9, .....

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Feb 08 2007 (HC)

Sunita Shivdasani Vs. Geeta Gidwani and anr.

Court : Delhi

Reported in : AIR2007Delhi242

..... specifically examine this issue and question including section 57 of the act. the provisions of the act have not been considered and dealt with. the question whether a hindu can execute an oral will after enactment and enforcement of the act, was not in question in the said decision. a decision is a binding precedence for what it states and not for ..... hindus etc. - the provisions of this part which are set out in schedule iii shall, subject to the restrictions and modifications specified therein, apply-(a) to all wills and codicils made by any hindu, buddhist, sikh or jaina on or after the first day of september 1870 within the territories which at the said date were allowed...to the lieutenant governor of ..... attestation shall be necessary.12. in view of section 57 read with schedule iii of the act, requirements of section 63 must be complied with and are mandatory for a will executed by a hindu. a will which does not comply with the requirement of section 63 of the act is null and void. clause (a) to section 63 requires a ..... inter vivos, or to deprive any persons of any right of maintenance of which, but for the application of these sections, he could not deprive them by will.2. nothing therein contained shall authorise any hindu, buddhist, sikh or jaina, to create in property any interest which he could not have created before the first day of september 1870.3. nothing therein .....

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Feb 23 2007 (HC)

Thazhath Valappil Prasanth Vs. Kalliani and ors.

Court : Kerala

Reported in : 2008(1)KLJ910

..... to 3 and female descendants bequest could be interpreted as one to as it does not disclose the intention fully, the latter part of the will which shall always prevail, explicitly provide that the properties bequeathed thereunder are to be enjoyed as marumakkathayam properties through female descendants. therefore the finding of ..... properties and instead to the persons named thereunder individually.31. moreover, it is to be born in mind the rules of interpretation of a will are different from the rules which governs interpretation of documents like sale deed, gift deed or mortgage deed or other instrument by which interest in ..... of construction laid down in sreemutty soorjeemoney dossee v. denobundoo mullick and in mahomed shumsool v. shewukram is no longer applicable in cases governed by hindu law, it is a matter for consideration whether the decision in kunhacha umma v. kutti mammi hajee, based as it is expressly on the rule ..... edition) at pages 908 and 909. as pointed out by the learned author in section 775, section 95 of the hindu wills act which governs the wills of all hindus lays down a rule of construction as to a gift simpliciter which is uniformly applicable to all cases ..... when defendants have no such grievance as no such case was taken in the appeal memorandum. learned counsel also argued that under ext. b69 will, the self acquired properties of the then karanavan kandan koran were bequeathed in favour of tavazhi consisting of first defendant and her daughters, defendants 2 .....

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Feb 22 2001 (SC)

Clarence Pais and ors. Etc. Vs. Union of India

Court : Supreme Court of India

Reported in : AIR2001SC1151; 2001(49)BLJR1177; JT2001(3)SC82; 2001(1)KLT860(SC); (2001)3MLJ43(SC); RLW2001(2)SC177; 2001(2)SCALE184; (2001)4SCC325; [2001]2SCR43; 2001(1)LC567(SC)

..... hindus, etc. the provisions of this part which are set out in schedule iii shall, subject to the restricts and modifications specified therein, apply - (a) to all wills and codicils made by any hindu, buddhist, sikh or jaina, on or after the first day of september, 1870, within the territories which at the said date were subject to the lieutenant-governor of ..... makes it clear that the provisions of that part which are set out in schedule iii subject to the restrictions and modifications specified therein, shall apply to all wills and codicils made by any hindu, buddhist, sikh or jaina after the first september, 1870 who are originally residents in the jurisdiction of the high courts of judicature at madras and bombay or ..... ) and (b), sub section (2) of section 213 of the act applies and sub-section (1) has no application. as a consequence, a probate will not be required to be obtained by a hindu in respect of a will made outside those territories or regarding the immovable properties situate outside those territories. the result is that the contention put forth on behalf of ..... codicils made outside those territories and limits so far as relates to immovable property situate within those territories or limits and to all wills and codicils made by any hindu, buddhist, sikh or jaina on or after the first day of january, 1927 to which those provisions are not applied by clause (a) and (b), provided that marriage shall not .....

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Apr 01 2011 (SC)

Siddamurthy Jayarami Reddy (D) by Lrs. Vs. Godi Jaya Rami Reddy and an ...

Court : Supreme Court of India

..... construction upon which the two courts - high court and trial court - are not in accord and, have taken divergent view. 2. at the time of execution of the will, bijivemula subba reddy - a hindu - was aged about 75 years. he had his wife subbamma, daughter pitchamma, son-in-law rami reddy, widowed sister chennamma, widowed daughter-in-law and granddaughter lakshumamma living ..... hindus, etc. - the provisions of this part which are set out in schedule iii shall, subject to the restrictions and modifications specified therein, apply(a) to all wills and codicils made by any hindu, buddhist, sikh or jaina on or after the first day of september, 1870, within the territories which at the said date were subject to the lieutenant- governor of ..... codicils made outside those territories and limits so far as relates to immoveable property situate within those territories or limits; and(c) to all wills and codicils made by any hindu, buddhist, sikh or jaina on or after the first day of january, 1927, to which those provisions are not applied by clauses (a) and (b):] provided that marriage shall not ..... succession act, 1925 (for short, `the 1925 act') is wholly inappropriate since the present case is concerned with the muffussil will of a hindu dated may 21, 1920 with regard to the properties situate outside the city of madras. the muffussil wills (executed before 1927) do not require the formalities of execution, attestation and revocation to be carried out in the manner required .....

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Nov 09 1962 (HC)

H.C. Ramaswamy Iyengar and ors. Vs. H.C. Lakshminarasimhan and ors.

Court : Karnataka

Reported in : AIR1965Kant87; AIR1965Mys87

..... . section 179 of the indian succession act of 1865 corresponding to section 211 of the 1925 act did not apply to hindus until the hindu wills act of 1870 was passed. even thereafter, section 190 of the succession act of 1865 corresponding to section 212 of the 1925 act which ..... character as such with all the powers of administering the estate and distributing or dividing the same among the persons entitle thereto under the will or under the law governing succession to his estate as the case may be. that is why probate and letters of administration are generally ..... such does apply to hindus also, except that nothing contained therein operates to vest in an executor or administrator any property of a deceased hindu which would otherwise have passed by survivorship to some other person. the compulsion of taking out letters of administration in the case of intestacy ..... items or assets set out in the schedule consist of shares in incorporated companies and government securities or government promissory notes.(10) under the will mentioned above, the testator bequeathed the moveables and bank deposits described in schedule-a thereto to his wife with the direction that she should ..... the prayer in the following terms :'the petitioners therefore pray that this hon'ble court be pleased to grant the letters of administration with the will annexed to the estate mentioned below belonging to the deceased h. channakeshava iyengar.'(7) the expression 'estate mentioned below' obviously refers to the .....

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