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...property, moveable or immovable, and whichever be the mode of acquisition, it would be covered by Section 14(1). The object of the Legislature was to wipe out the disabilities from which a Hindu woman suffered...confined to cases where property was acquired by a Hindu woman without any pre-existing right for the first time under a gift, will, instrument, decree, order or award, the terms of which prescribed a...restricted estate in the property. Where property was acquired by a Hindu woman in lieu of her right to maintenance it was by virtue of a pre-existing right and such acquisition was not within the scope...
...only if acquisition by any of the methods set out in the Explanation to Section 14(1) is made for the first time without there being any pre-existing right in the Hindu woman. If her case fell under...the provisions of Section 14(1), the Hindu woman became the full owner of the property. The concept of a Hindu widow's estate was not relevant. It was enough if the Hindu...provisions of Section 14(1) if the Hindu woman had a pre existing right to maintenance. The document only recognised and gave effect to the pre-existing right to maintenance. The...
...Lalit Mohan Sharma, J.— The point involved in this appeal is whether a Hindu woman who is married after coming into force of the Hindu Marriage Act, 1955 to a Hindu male....3. For appreciating the status of a Hindu woman marrying a Hindu male with a living spouse some of the provisions of the Hindu Marriage Act, 1955 (hereinafter referred to as...the party.8. We, therefore, hold that the marriage of a woman in accordance with the Hindu rites with a man having a living spouse is a complete nullity in the eye of law...
...partition deed. 3. The plaintiff claims as grandson of one of the joint purchasers, namely Pavayee Ammal and therefore, the property belongs to Hindu Woman and succession...would be governed by Section 15 of the Hindu Succession Act. 4. The learned counsel appearing for the petitioner would contend that the Hindu woman was not entitled to...facts. CRP (PD) No. 2984 of 2021 5. The plaintiff claims under a Hindu Woman, who had purchased the property in her name in the year 1960 and therefore, Section 6 of...
...also takes upon the obligation to maintain the widow. Sastri quotes from the original texts various extracts regarding the nature and extent of the right of maintenance of the Hindu woman some of which...the history and origin of the right of maintenance of a Hindu woman which according to him arises from the theory of an undivided family where the head of the family is bound to maintain the members....”The Hindu law is so zealous in guarding the interests of Hindu women that the obligation for maintaining the Hindu woman falls even on the King when he takes the esta...
...Hindu for the Purpose, of section 14 of the Act. I am further of opinion that a person attempting to acquire title against a Hindu woman by adverse possession would not deprive her of possession for the...woman is abolished and the section makes the Hindu woman a full owner of all the property howsoever acquired by her, except in cases provided for by sub-section (2) of section 14.... Henceforth the Hindu woman has an absolute power of disposition of all property to which section 14 applies.22. She has the absolute power to dispose of such property by sale...
...covered by Section 14 (1). The object of the Legislature was to wipe out the disabilities from which a Hindu woman suffered in regard to the ownership of property under the old Sastric Law and to...acquired by a Hindu woman in lieu of her right to maintenance it was by virtue of a pre-existing right and such acquisition was no within the scope and ambit of sub-section (2) even if the instrument...allotting the property prescribed a restricted estate in it. Where property was acquired by a Hindu woman under an instrument by virtue of a pre-existing right to maintenance and, under the law as it stood...
...section is to extinguish the estate called limited estate or “widow's estate” in Hindu law and to make a Hindu woman, who under the old law would have been only a limited owner, a full owner of the...Eramma who filed an application in this Court for special leave. During the pendency of these proceedings the Hindu Succession Act, 1956 came into force with effect from June 17, 1956. Respondents 1 and 2...the death of her husband and the decree was non-executable in view of the provisions of the Hindu Succession Act, 1956 and that she had now become full owner of the properties of which she is in...
...whether the applicant wife was a lawfully wedded wife or not. In the said case, the Court considered the point whether a Hindu woman who has married after the coming into force of the Hindu Marriage Act...the conditions is — neither party has a spouse living at the time of marriage. Under Section 11, such marriage is null and void. The Court held that marriage of a woman in accordance with Hindu rites...procedure was followed then it is not necessary to further probe into whether the said procedure was complete as per the Hindu rites in the proceedings under Section 125 CrPC.7...
...parted with by a Hindu woman, who has her husband alive. These ornaments are worn daily and as such constitute the wearing apparel of a Brahmin Hindu woman.4. In these circumstances we are...
...1. According to the case stated in the reference a native Christian having a Christian wife living married a Hindu woman according to Hindu rites without renouncing his religion and the...Law does not recognize polygamous marriage by a woman, that a Hindu woman who having a Hindu husband living marries a Mohammedan or a Christian even after becoming a Mahommedan or a Christian as the.... Ganga (I.L.R 4 Bom. 330), In re Miliaid (I.L.R 10 Mad. 218) and In re Ram Kumari (I.L.R 18 Cal. 261) it has been held having regard to the fact that Hindu...
...with by a Hindu woman who has her husband alive. These ornaments, according to this decision, are worn daily and as such constitute the wearing apparel of a Brahmin Hindu woman. That case, it may be...assets which can be converted into cash and as such can be used for financing the litigation. This case obviously does not deal with the ornaments which a Hindu woman is given on marriage or she otherwise...given to a Hindu woman on marriage or on other religious occasions and the ornaments which she ordinarily wears must be considered to be of the same class of property to fall within the expression...
...retrograde step, putting back as it were the clock of social reform which has enabled the Hindu woman to acquire an equal status with males in matters of property. Even assuming that two...interpretation of Explanation 1 to Section 6 of the Hindu Succession Act, (30 of 1956). That section reads thus:“6. When a male Hindu dies after the commencement of...case may be, under this Act and not by survivorship.Explanation 1.—For the purposes of this section, the interest of a Hindu Mitakshara coparcener shall...
...“widow's estate” in Hindu Law and to make a Hindu woman, who under the old law would have been only a limited owner, a full owner of the property with all powers of disposition and to make the estate...suit property after the commencement of the Hindu Succession Act, 1956 (hereinafter being referred to as “the 1956 Act”) and, therefore, the plaintiffs could not take any benefit of the earlier decree.... The learned counsel submits that the validity of the will dated 5-1-1973 executed by Bhana could not be effecting the right of the successor after the enforcement of the Hindu Succession Act, as Bhana...
...quote a few lines from that passage:“The object of the section is to extinguish the estate called ‘Limited estate’ or ‘Widow's estate’ in Hindu Law and to make a Hindu woman, who under...concept of Hindu Law. It is the whole of the estate vested in a Hindu Woman. It is not a life estate in the sense the expression is used in English Law.(4) A Hindu woman's estate may be...created by inheritance, gift or will.(5) A Hindu woman possessing a Hindu woman's estate can confer by gift the same nature of estate on the donee provided the donee is capable to taking...
...estate called limited estate and to make a Hindu woman who would otherwise be a limited owner, a full owner of the property but it was not to confer a title on a female Hindu, who did not in fact...possess any vestige of title. The case did not deal with the case of a Hindu woman who was given property in lieu of maintenance and in whom therefore a right or interest was created in the property...Section 14(1) and that it came into operation only if the Hindu woman acquired the property in any of the methods indicated therein for the first time without there being any pre-existing right in...
...in intestate succession by a Hindu woman, held that after the advent of independence old human values assumed new complex; women need emancipation; a new social order needs to be set up giving women...revolutionary effect on the right to ownership of the land by Hindu woman, this Court held that the validity of Section 14(1) drawn from the pre-existing limited estate held by a Hindu woman must be tested...15(1) and charges it to make special provision to accord socio-economic equality to woman.36. The Hindu Succession Act revolutionised the status of a Hindu female and...
..., purchased the property from a limited owner without justifying necessity before the Act came into force and at a time when the vendor had only a limited interest of a Hindu woman.” The Court further dealt...virtue of this section. The object of the section is to extinguish the estate called “limited estate” or “widow's estate” in Hindu Law and to make a Hindu woman, who, under the old law, would have been.... After the institution of the suit, the Hindu Succession Act, 1956 (No. 30 of 1956) (hereinafter referred to as “the Act”) came into force on 17th June, 1956. The suit was, at that time, pending and...
...appellant was unable to show any law or authority laying down that a Hindu woman was not entitled, to put any restriction or relinquish her own rights in the stridhan property, even by her own consent...the suit property on the appellant. In our opinion the High Court was right in taking the aforesaid view on account of the contents of Ex. D-1. There can be no manner of doubt that a Hindu woman is the...
...Section 2 of the Hindu Widows Re-marriage Act, 1856, by which a woman, who gets remarried, was divested of her right over her husband's property? ...Lower Appellate Court while reversing the judgment and decree passed by the Learned Trial Court was right in holding that even by enactment of Hindu Woman Right to Property Act, 1937...Learned Lower Appellate Court had failed to take into account to effect of Section 2 of the Hindu Widows Re-marriage Act...