Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Hindu Succession Act, 1956

Saturday, March 31, 2012
Hindu Succession Act, 1956

Hindu Succession Act, 1956 — Section 14(2) — Life estate given to a widow under a will, held, cannot become an absolute estate under the provisions of Section 14 (2) of the Hindu Succession Act, 1956.

 
Tuesday, March 13, 2012
Hindu Succession Act, 1956

Hindu Succession Act, 1956 — Section 6 read with Explanation appended to sub-section (5) of Section 6 — Hindu Succession (Amendment) Act, 2005 — Non-applicability of Section 6 — For determining the non-applicability of the Section, what is relevant is to find out whether the partition has been effected before December 20, 2004 by deed of partition duly registered under the Registration Act, 1908 or by a decree of a court.

 
Hindu Succession Act, 1956

Hindu Succession Act, 1956 — Section 6 — Hindu Succession (Amendment) Act, 2005 — Partition — Meaning of — For the purposes of new Section 6 it is explained that ‘partition’ means any partition made by execution of a deed of partition duly registered under the Registration Act 1908 or partition effected by a decree of a court.

 
Saturday, December 18, 2010
Hindu Succession Act, 1956

Hindu Succession Act, 1956 — Section 9 — In terms of Section 9, the succession among heirs in Class I takes simultaneously and to the exclusion of all other heirs.

 
Tuesday, October 12, 2010
Hindu Succession Act, 1956

Hindu Succession Act, 1956 — Section 14(1) and Section 14(2) — If a Hindu woman had any existing interest in a property, howsoever small, prior to the enactment of the Hindu Succession Act, 1956, the same would blossom into a full-fledged right by virtue of the operation of Section 14(1) thereof — On the other hand, if such a right was so acquired for the first time under an instrument, after the Act came into force, the provisions of Section 14(2) of the above Act would be attracted and would not convert such a right into a fullfledged right of ownership of the property.

 
Hindu Succession Act, 1956

Hindu Succession Act, 1956 — Section 14(1) and Section 14(2) — In the instant case, Pullareddy created a life interest in favour of his wife, Sheshamma, in respect of the plaint schedule property, but also gifted the property in question to the Respondent No.1 herein, G. Ramireddy, who was then a minor — The principal object of the Deed of Gift executed by Pullareddy was that the property should ultimately go to G. Ramireddy, the Respondent No.1 herein — Held, Sheshamma’s rights in the properties came to be governed by sub-section (2) of Section 14 of the Hindu Succession Act, 1956, and her right does not blossom into an absolute estate as contemplated under sub-section (1) — Both the Courts below have correctly decided that Sheshamma did not acquire any right beyond a life-estate in the suit properties and on her death, the said properties devolved on the Respondent No.1 in terms of the Deed of gift executed by Pullareddy on 21.12.1952.

 
Hindu Succession Act, 1956

Hindu Succession Act, 1956 — Section 14(1) and Section 14(2) — Provisions of Section 14(1) of the Hindu Succession Act, 1956, would be attracted if any of the conditions contained in the Explanation stood fulfilled — If, however, a right is created in a Hindu female for the first time in respect of any property under any instrument or under a decree or order of a Civil Court or under an award, where a restricted estate in such property is prescribed, the provisions of subsection (1) of Section 14 would have no application by virtue of sub-section (2) thereof.

 
Thursday, May 13, 2010
Hindu Succession Act, 1956

Hindu Succession Act, 1956 — Section 15(2) — Basic aim of Section 15(2) is to ensure that inherited property of an issueless female Hindu dying intestate goes back to the source. 

 
Saturday, September 12, 2009
Hindu Succession Act, 1956

Hindu Succession Act, 1956 — Section 14(1) — Applicability of — Nature of property — Partition suit — Allegedly, some of suit properties stand in the name of appellant/first defendant, a Hindu female — It is contended that same were bought benami in her name by her husband out of the income from agriculture lands and separate income of her son/first plaintiff’s husband who was working as an accountant in a private firm and drawing salary. He also had  a  leather  business  and  had  earning  from  running  a  taxi — Therefore, the properties which stand in the name of appellant/first defendant are joint family properties and the  same are subject to partition — In first appeal High Court found that no evidence was adduced by the appellant to show that she had any independent sources of income — Further,  High  Court  found  that  evidence  was  adduced  to  show  that  the husband of the plaintiff had substantial income and he owned an ambassador car — High Court observed that properties which stand in the name of First defendant/appellant, a female Hindu exclusively are joint family properties — Appeal against — Held, Section 14(1) of the said Act would apply in respect of the properties which stand in the name of the appellant and the appellant would be  the  full owner of  those  properties — Order  of the High Court  cannot be  upheld and  is set  aside — Appeal allowed — Eramma vs. Veerupana and others AIR 1966 SC 1879, Punithavalli Ammam vs. Minor Ramalingam and another AIR 1970 SC 1730, Badri Pershad vs. Kanso Devi AIR 1970 SC 1963 and Vaddebhoyina Tulasamma and others vs. Vaddebhoyina Sesha Reddi (dead) by L.Rs. AIR 1977 SC 1944 referred.

 
Saturday, July 11, 2009
Hindu Succession Act, 1956

Hindu Succession Act, 1956 — Section 15 — Rules of succession in the case of female Hindu — In a case where a female Hindu dies intestate leaving behind self-acquired property, sub-section (1) of section 15 of the Hindu Succession Act, 1956, held, would be applicable and not sub-section (2) of section 15.

 
Wednesday, July 11, 2007
Hindu Succession Act, 1956

Hindu Succession Act, 1956 — Section 8 — A son who inherits his father's assets under Section 8 of the Hindu Succession Act does so in his individual capacity and not as a Karta of the Hindu Undivided Family. 

 
Hindu Succession Act, 1956

Hindu Succession Act, 1956 — Section 8 — Father  purchasing property from his self earned income — Death of father — Property falling to his sons by succession, whether  could be said to be the property of the Joint Hindu Family ? — Held, no — A son who inherits his father's assets under Section 8 of the Hindu Succession Act does so in his individual capacity and not as a Karta of the Hindu Undivided Family — 1986 (3) SCC 567 relied.

 
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