Hindu Succession Act, 1956, Section 6 -- (As amended) - Right of daughter - Partition suit - Partition deed is prior to cut off date 20.12.2004 - Said partition deed not affected by Amendment Act of 2005 - Plaintiff/daughter not entitled to partition...........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Right of daughter - Partition suit - Plaintiff/daughter was married in the year 1967 and all other daughters were also married prior to 1989 - All the daughters were sufficiently presented with gifts and Sridhana which is not being denied by plaintiff and other daughters - Plaintiff and other daughters not entitled to..........
Hindu Succession Act, 1956, Section 8 -- Property of a Hindu male dying intestate - Property after the death of Hindu male shall devolve upon his Class 1 heirs i.e mother and wife - No evidence on record that wife committed murder of husband/Hindu Male - It cannot be said that wife is seized to be Class I heir of her husband - Mother and wife of deceased rightly held, as..........
Hindu Succession Act, 1956, Section 2 -- Scheduled Tribes - Applicability of the Act - Parties to lis are members of Sawara Tribes, which is a notified tribe u/art 342 of Constitution - Act does not apply to scheduled Tribes...........
Hindu Succession Act, 1956, Section 14(1) -- Property of female Hindu - Property given in lieu of maintenance transforms into absolute ownership by way of S.14(1) of the Act...........
Hindu Succession Act, 1956, Section 14(1) -- Property of female Hindu - Life interest given to woman under partition deed - Thereafter property will devolve upon by succession...........
Hindu Marriage Act, 1955, Section 27, Hindu Succession Act, 1956, Section 14 -- Stridhan - All the movable and immovable properties belonging to wife or given to her before or at the time of or at any subsequent time of marriage are her stridhan properties of which she is an absolute owner by virtue of S.14 of Hindu Succession Act r/w S.27 of Hindu Marriage Act...........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Succession Act, 1956, Section 14(1) -- Rejection of plaint - Barred by law - Suit barred u/s 14(1) of Hindu Succession Act, 1956, which preserves the right of a female Hindu to own self acquired property - Plaint rejected...........
Hindu Succession Act, 1956, Section 15 -- Property of Hindu female dying intestate - Property purchased in the name of deceased/Hindu female - In the absence of any deed of gift or Will, estate of deceased would have to devolve in terms of S.15 of the Act - Defendant failed to discharge the initial burden of proof to show that property was gifted to him - Preliminary..........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu female - Hindu Female acquired absolute interest in property of her previous husband on the enforcement of Hindu Succession Act as per S.14(1) of the Act - Mere fact that she had solemnized customary marriage with one `D' in the year 1958, does not have any effect on the rights of Hindu Female and cannot take..........
