...general custom and rule of primogeniture governing succession to impartible zamindaries in Southern India. Therefore the right to succeed to the office should depend upon the custom and rules of...primogeniture according to Hindu Law prevalent in Southern India. According to the decision in-- 'Katama Nachiar v. The Rajah of Sivaganga', 9 Moo Ind App 539 (PC) (B) the question of succession to an impartible...successor if the estate had been partible instead of being an impartible one. The only difference is that the rule of primogeniture applies. Such being the case, Section 10, Sub-section (2...

..., 1956 on the old customary rules of ‘Primogeniture’ and ‘Impartible Estates’ has led to prevarication in the decisions under the Income/Wealth Tax Acts. As a result, the Assessee as well as the..., the rules of ‘primogeniture’ and ‘impartible estate’ had become inoperative. Section 5(ii) carves out a limited exception. The case of the Assessee does not fall within the parameters of Section 5...question that arises for consideration is - Has the Hindu Succession Act, 1956, brought about any change in the rules of Hindu law relating to the rules of ‘primogeniture’ and...

.... 776 also a case of maintenance or khor phos grant made in favour of a junior member of the family, where theestate was im- partible and descended under the rules...of primogeniture. It was held in that case that such grants, the object of which was to make suitable provisions for the immediate members of the family, were by their very nature and also under the... http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 10 PETITIONER: RAM GOPAL Vs...

...shall fill that vacancy in accordance with the rules of primogeniture and that any dissatisfied claimant shall have the remedy of a suit before the Collector to establish that he has a better right...1. This appeal is preferred by the plaintiff in a suit brought by him for a declaration that he is the legal holder of the office of village headman in a Government village and that the...appointment of the second defendant in pursuance of the order of the Board of Revenue is illegal and for restraining the Government and the second defendant from interfering with his enjoyment of the...

...impartible and the succession to it was declared to be governed by rules of primogeniture, simultaneously it was agreed that the Zemin dar's brothers, mcluding the present plaintiffs and the 1st defendant and...1. The first defendant in these suits is the present Zamindar of Kalahasti, an impartible estate. The 1st plaintiff in O.S. No. 9 of 1910 and the sole plaintiff in O.S. No. 17 of 1910 are...brothers of the 1st defendant. The 2nd plaintiff in O.S. No. 9 of 1910, is the minor adopted son of the 1st plaintiff. They brought these suits for a declaration of their rights to maintenance at the...

...acquired under sanad or obtained under a grant made by British Government, shall according to the rules of primogeniture subject to the above provisions and the terms of the sanad granted by Government...Sir Binod Mitter:- This is an appeal from the decree dated 27th April 1926, of the Chief Court of Oudh, affirming the decree of the Subordinate Judge of Partabgarh dated...construction of the said will Partab took a life interest or an absolute interest in the property devised by the said will. The appellants (who are the heirs of Raja Ajit Singh) claimed to be entitled to...

.... The trial court on a consideration of the evidence came to the conclusion that the Chikurde estate was an impartible property governed by the rules of primogeniture. It was held that, it... 211 primogeniture. In 1896 Vithalrao died and he was succeeded by his eldest son Ganpatrao under the law of primogeniture. Ganpatrao died childless in 1914, leaving... of October, 1923, the Chikurde estate ceased to be a watan property and the succession to such estate was governed by the ordinary rules of Hindu Law and not by the provisions of Act V of...

...distributes the plots among the groups. The system of inheritance among the Naga group is that at the death of the last owner, the succession is patrilineal and the rules of primogeniture prevails among...Succession Act governs and prescribes rules of succession applicable to a large majority of Indians being Hindus, Sikhs, Buddhists, Jains etc. whereunder since 1956, if not earlier, the female heir is...situations, not stopping at tribal definitions, and a deafening uproar to bring other systems of law in line with the Hindu Succession Act and the Indian Succession Act as models. Rules of...

...under a grant made by British Government, shall according to the rules of primogeniture subject to the above provisions of the legatee without division and distribution under Clauses...1. This is an appeal from the decree dated April 27, 1926, of the Chief Court of Oudh, affirming the decree of the Subordinate Judge of Partabgarh dated April 22, 1924. The litigation..., 1884. Rajah Partab Bahadur Singh died on June 18, 1921. 2. The principal question for determination in the present appeal is whether on the true construction of the said will Partab...

...the family by rules of Primogeniture. 11. Application of rule of primogeniture is a question of law and same is rightly made applicable to the present case. Since it has been found that suit property.... Whether, in the absence of any pleading and proof that the law of primogeniture is applicable in the present case and property being exclusive property of Jagir property whether the decree is sustainable.... (AIR 1991 SC 1972) has clearly held that succession to Jagir property is governed by the rule of primogeniture. It has been clearly...

...whether the properties set forth in Schedule A form an impartible estate governed by the rules of primogeniture according to the custom prevailing in Chota Nagpur; or, whether the estate is partible as...property from the widow of Baijnath who was then in possession of the same. Relying on the estate being impartible and descendable by the rules of primogeniture, the Judicial Commissioner, Mr. Davis, in...been dismissed by the first Court upon the ground that the properties formed part of an impartible estate, and that under the rule of primogeniture, which it was found governed the succession, Lal...

...for the extensions of cultivation." The rules of inheritance amongst the Adis is noted in that book as follows: "Like all Arunachal tribes, the system of inheritance among the Adis also is patrilineal. There is, however, no rules of primogeniture or...members of the kebang are the judicial administrators of their own administrative areas. This body frames the customary rules of the concerned areas; tries cases and settles these in accordance with...ancestral property and self-acquired property, in matters of inheritance. The above rules of inheritance apply without modification to all classes of lands. Whether homestead, jhumland or permanent...

...expired on 1.5.2012 As per the rules of ‘Primogeniture’ applicable to the Royal Families in India, the defendant No. 1 has succeeded to half undivided share in the said property to the exclusion of his...Manoj K. Tiwari, J. (Oral):— By means of present petition, under Article 227 of the Constitution of India, petitioner has sought the following relief...:—“i. Issue a writ, rule, order or direction in the nature of certiorari quashing the impugned judgment/order dated 13.10.2017 (Annexure No. 1) passed by the Civil Judge (Senior Division) Mussoorie...

...in which they were conferred. Thus it is indivisible and impartible and succeeded by lineal eldest descendant of the family by rules of primogeniture.28. Chandupura..., possession and enjoyment was continued successively for seven generations up to Dwarkanath by rule of primogeniture. Ghanshyam @ Tatya Saheb for short Ghanshyam 2 had two sons by name Dattatraya Rao...primogeniture and the concept of coparcenary and joint family status are inapplicable to it. The respondent has no share therein, but has only right to maintenance as a junior member of the family as per the law...

...the second list, their Lordships held that the estate did not descend according to the rules of primogeniture, and that the plaintiff, who did not prove that be was nearer in degree than some other...arose. The appellant claimed to be the proper successor under the rule of lineal primogeniture, as sixth in descant from the common ancestor. His original opponent, Kirat Singh, asserted...entitled it the rule of male lineal primogeniture applied. During the course of the litigation, Kirat Singh died, and thereupon his brothers, Sital Singh and Debi Singh, appeared as...

...) I.L.R. 10 Calc. 511 : L.R. 11 I.A. 51 decided in 1883, also a case of a taluqa in the second list, their Lordships held that the estate did not descend according to the rules of primogeniture, and.... 4. The appellant claimed to be the proper successor under the rule of lineal primogeniture, as sixth in descent from the common ancestor. His original opponent, Kirat Singh, asserted that the...of male lineal primogeniture applied. 6. During the course of the litigation, Kirat Singh died, and thereupon his brothers, Sitla Singh and Debi Singh, appeared as respondents. The...

...ended in a compromise in which the estate was declared to be impartible and the succession to it was declared to be governed by rules of primogeniture. Simultaneously it was agreed that the zamindar's...The Judgment of the Court was delivered bySpencer, J.:— Defendant 1 in these suits is the present zamindar of Kalahasti, an impartible estate. Plaintiff 1 in Original Suit...No. 9 of 1910 and the sole plaintiff in Original Suit No. 17 of 1910 are brothers of defendant 1. Plaintiff 2 in Original Suit No. 9 of 1910 is the minor adopted son of plaintiff 1. They brought these...

....(vii) As a State grant, in any event, is inheritable, the purported rule of primogeniture contemplated in terms of the Matmi Rules has no application, particularly, in view of the.... The provisions of Rule 13 of the Matmi Rules laying down a rule of primogeniture will have no application in relation to the offices of sajjadanashin and mutawalli, which are offices of different...” proceeding was initiated in terms of the provisions of the Jaipur Matmi Rules (for short “the Matmi Rules”). The plaintiff's name was directed to be mutated by the Board of Revenue by an order dated 1-2...

...competent testator and also on the ground that the estate was not merely impartible but inalienable. He claimed the estate as the successor of Randhir Singh, according to the rules of primogeniture, and...gaddinashin, his occupation of the gaddi being postponed. On the death of Sheopal Singh, therefore, the estate in our opinion devolved according to the rules of primogeniture governing impartible estates and...admittedly be now entitled to it according to the rule of primogeniture. We may here mention that a number of villages were appropriated for the maintenance of the junior members of the family a number of...

...jungles for the extensions of cultivation. The rules of inheritance amongst the Adis is noted in that book as follows: Like all Arunachal tribes, the system of inheritance among the Adis also is matrilineal. There is, however, no rules of primogeniture or...judicial administrators of their own administrative areas. This body frames the customary rules of the concerned areas; tries cases and settles these in accordance with their framed traditional law. It...between ancestral property and self-acquired property, in matters of inheritance. The above rules of inheritance apply without modification to all classes of lands. Whether homestead...