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...any suspicious circumstances. It is also pertinent to mention that as per Section 11 of Hindu Succession Act, 1956...Section 11 of Hindu Succession Act, 1956. So far as Will dated 27.08.1982 Ex.D1 executed by Thakur Singh is conce...Bhagat Singh under the Hindu Succession Act, 1956. It was claimed that Thakur Singh, during his life time, having sound...
...cannot become the exclusive owner of the amount invested by Kishanrao. He submits that under Section 8 read with Section 11 of the Hindu Succession Act, 1956, only applicants and...pleading of opponent No.1 and therefore, cannot be considered. He submits that as Kishanrao died intestate, the provisions of the Hindu Succession Act will apply in the case at hand.
...death of Kishanrao, neither opponent called his father Gunderao - opponent No.2 are entitled to any share in the property of Kishanrao in view of Section 8 read with Section 11 of ...
...from Mulla's Hindu law, Fifteenth Edition. The succession will be governed by Section 11 of the Hindu ...Annapurnabai died intestate. Now, the brother's sons fall in Item No. IV, Class II of Section 8 of Hindu Succession Act and, therefore, by virtue of ...11 of the Hindu Succession Act. It is not disputed that at the time of the death of Annapurnabai, the only person from her husband's family who were alive were the plaintiff and ...
...contended by the learned counsel for the appellants that the provisions of Section 11 of Hindu Succession ...Section 19 of the Hindu Succession Act or in other texts, when considering the rights of owners of prop...that he had terminated the tenancy by notice to quit and had obtained the permission of the District Magistrate under Section 3 of the U. P. (Temporary) Control of Rent and Eviction Act...
...of Section 22 of the Hindu Succession Act, the same was not maintainable being barred by limitation.11. Section 22 of the Hindu ...appearing on behalf of the appellant, would submit that the learned trial Judge as also the High Court wrongly proceeded on the basis that Section 22 of the Hindu Succession Act, 1956 was not attr...raising this question. Sub-section (2) of Section 22 of the Hindu Succession Act indicates that a party can enforce a right of pre-emption by making an application to that effect...
...meaning to be attributed to the word 'entry' occurring in Section 11 of the Hindu Succession Act of 1956. Cl...provisions of the Hindu Succession Act, 1956, on the death of Kaliammal without leaving any issue, it is her husband's hei...numeral IV. The argument is, the word 'entry' occurring in Section 11 does not refer to the group of persons shown by the Roman numeral but it refers to only the person shown against the Arabic...
...having regard to the language of Section 11 of the Hindu Succession Act, 1956, read with the schedule. ....”4. The controversy, is what exactly is the scope of the expression ‘entry’ that occurs in Section 11, whether it denotes only the group of persons represented by the Roman numerals or the...language of Section 11 itself which states that the property shall be divided between the heirs specified in the entry so that they share equally.5. The expression ‘they share equally’ will...
..., are legal representatives.11. Section 3(f) of the Hindu Succession Act, 1956 defines “heirs” to mean any person, male or female who is entitled to succeed to the prop...party to the suit along with the minor is legal representative. The minor died. The father was held per majority to be legal representative under Section 2(11) of the Code as an intermeddler. It must therefore be held that ...an intestate under this Act. Section 8 thereof provides that the property of a male Hindu dying intestate shall devolve according to the provisions of this chapter, ‘Chapter II’ (Intestate ...
...decree passed by both the Courts below are the result of misreading, misinterpretation as well as misappreciation of the provisions of Section 11 of the Hindu Succession ...governed by the provisions of Sections 8 and 11 of the Hindu Succession Act.
1 Whether Reporters of Local Papers may be allowed to see the jud...?
2. Whether both the learned Courts below are right in placing reliance upon the provisions of Section 8 of the Hindu Succession Act, 1956?
...
...of succession. In the present case, as pointed out by the High Court, the deceased tenant Lalita being a Hindu female, the devolution of tenancy will be determined under Section 15 of the ...person who inherits or may inherit by law. Section 3(1)(f) of the Hindu Succession Act defines “heir” as—“3. (1)(f) “heir” means any person, male or female, who is...the Hindu Succession Act and states the scheme of succession to her property which is different from that of order of succession to the property of a male intestate. Sub...
...not fall in the said category nor are they the rightful heirs, since the order of succession gives a right to the brother and sisters who fall under Class II. It is thus submitted that the learned Judge has rightly considered the pr...therefore, would fall to the brother/s and sisters under the provision of Section 11 of the Hindu Succession Act, for distribution of Property among heirs in Class II of...
intestate, under Section 8 of the Hindu Succession Act, 1956 the property of the Male Hindu shall devolve - (a) firstly upon t...
...Mysore Act”), Respondent 1 was entitled to a widow's share and Respondent 2 to an unmarried daughter's share in addition to their rights on intestacy as heirs of Hiri under the Hindu Succession Act, 1956 a...consent and should not have applied the provisions of the Mysore Act which, according to the appellants, had been excluded by the provisions of Section 4 of the Hindu Succession ...time, the Hindu Succession Act, 1956 had come into force. The proviso to Section 6 of the 1956 Act (considered at greater length later in the judgment) now provides that the decea...
...accordance with the Hindu Succession Act or Hindu law, he cannot get the benefit under the reversionary declaratory decree. Whatever the customs earlier existing, if any, stand abrogated in view of the man...properties of her husband Eran Gowda after he died in 1341-F and by virtue of Section 14 of the Hindu Succession Act she became the full owner of the properties and Respondents 1...had no manner of title to properties of Eran Gowda. Section 14(1) of the Hindu Succession Act states:‘14. Property of a female ...
...Act.”11. Under Section 8 of the Hindu Succession Act the property of a male ...Hindu Succession Act for her exclusion from inheritance on her husband's death except a general provision in Section 25 of ...provisions of the Hindu Succession Act, particularly inconsistent to Section 8 and would to the extent of inconsis...
...Section 151 CPC for rejection of plaint on the premise that the plaintiff has no cause of action on the basis of Hindu Succession (Amendment) Act, 2005 as she cannot claim right ...of Hindu Succession Act, when a male Hindu...dies after the commencement of Hindu Succession Act, 1956, having at the time of his death an interest in Mitakshara co-parcenery property, his interest in the property shall devolve by survivorship...
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.... children of pre-deceased brothers Jalam and Suba Singh as provided in Section 11 read with List-II of Schedule attached to the ...Present: Mr.H.K.Brinda, Advocate for the appellants in RSA No.973 of 2011 and for respondents No.1, 3 and 4 in RSA No.1503 of 2011. Mr.Vijay Lath, Advocate and Mr.Naveen Sharma, Advocate...for the appellants in RSA No.1503 of 2011 and for the respondents in RSA No.973 of 2011. ANIL KSHETARPAL , J. (ORAL) This order shall dispose of two appeals bearing RSA Nos.973 of 2011 and RSA No.1503...
...on the death of the party so suing or sued;11. The deceased person is a Hindu, according to Hindu Succession Act in absence of heirs mentioned in Class-I ..., brother and sister is mentioned. These heirs specified in Entry II of the Class-II of the schedule share the property simultaneously and equally (Section 11). According to Hindu Succession ...the Hindu Succession Act provided the distribution of assessed between the heirs mentioned...
...representative character the person on whom the estate devolves on the death of the party so suing or sued;
The deceased person is a Hindu, according to Hindu Succession Act ...(Section 11). According to Hindu Succession Act the brother and sister come under the Entry II Class- II of the schedule to Hindu Succession Act.
...of the deceased. Let me consider the provisions of Section 166 of M.V Act.
166. Application for compensation--- (1) An application for compensation arising out of an...
...been proved in accordance with law, much less the provisions of Section 68 of Indian Evidence Act, 1872 and Section 63-C of the Hindu Succession Act, 1...Wills, all the parties are entitled to succeed to the estate of Avtar Singh under the Hindu Succession Act, 1956 being...Section 5 of the Limitation Act seeking condonation of delay in filing the appeal.5. For the reasons stated in the a...